[Federal Register Volume 64, Number 248 (Tuesday, December 28, 1999)]
[Rules and Regulations]
[Pages 72522-72524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31676]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-331-AD; Amendment 39-11454; AD 99-25-11]
RIN 2120-AA64
Airworthiness Directives; British Aerospace Model BAe 146 and
Avro 146-RJ Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to all British Aerospace Model BAe 146 series airplanes and
certain British Aerospace Model Avro 146-RJ series airplanes, that
requires repetitive eddy current inspections to detect fatigue cracking
along the face of the retraction attachment boss in the nose landing
gear sidewall; and corrective action, if necessary. This amendment is
prompted by issuance of mandatory continuing airworthiness information
by a foreign civil aviation authority. The actions specified by this AD
are intended to detect and correct fatigue cracking along the face of
the retraction attachment boss in the nose landing gear sidewall, which
could result in premature extension of the nose landing gear or
depressurization of the airplane.
DATES: Effective February 1, 2000.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of February 1, 2000.
ADDRESSES: The service information referenced in this AD may be
obtained from British Aerospace Regional Aircraft American Support,
13850 Mclearen Road, Herndon, Virginia 20171. This information may be
examined at the Federal Aviation Administration (FAA), Transport
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton,
Washington; or at the Office of the Federal Register, 800 North Capitol
Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2110; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to all British Aerospace Model BAe
146 series airplanes and certain British Aerospace Model Avro 146-RJ
series airplanes was published in the Federal Register on June 28, 1999
(64 FR 34586). That action proposed to require repetitive eddy current
inspections to detect fatigue cracking along the face of the retraction
attachment boss in the nose landing gear sidewall; and corrective
action, if necessary.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Request To Change the Statement of Unsafe Condition
One commenter states that the description of the unsafe condition,
as stated in the notice of proposed rulemaking (NPRM), is incorrect.
The commenter requests that, instead of stating ``such fatigue
cracking, if not corrected, could result in failure of the nose landing
gear during take-off and landing,'' the consequence of such fatigue
cracking should be stated as ``premature extension of the nose landing
gear and/or * * * a depressurization of the aircraft.''
The FAA concurs with the commenter's request. Therefore, the
statement of unsafe condition has been revised in the summary and the
body of the final rule to correctly state the unsafe condition.
Request To Allow Contact of Manufacturer if Cracks Are Found
One commenter requests that the final rule be revised to state,
``If cracks are found, before further flight[,] either[;]
[[Page 72523]]
contact BAe Customer Support for further advice or repair in accordance
with a method approved by the FAA.'' The commenter states that the
proposed requirement for repair prior to further flight in accordance
with a method approved by the FAA or Civil Aviation Authority (CAA), is
too restrictive and could force operators to ground airplanes with
cracks along the face of the retraction attachment boss in the nose
landing gear sidewall, regardless of crack length. The commenter states
that it has demonstrated by test that ultimate loads can be sustained
if a crack has extended to the edge of the retraction attachment boss.
The FAA does not concur with the commenter's request. To require
operators to contact the manufacturer for repair instructions, as
suggested by the commenter, would be delegating the FAA's rulemaking
authority to the manufacturer. In addition, because specific repair
instructions were not included in the referenced service bulletin and
have not been provided to the FAA by the manufacturer, the FAA cannot
include specific repair instructions in the final rule. Also, although
the manufacturer has advised that it plans to revise the service
bulletin to include repair instructions, the FAA does not consider it
appropriate to delay issuance of the final rule while awaiting the
revised service bulletin.
However, the FAA recognizes that the requirement to repair any
crack prior to further flight, regardless of the length of the crack,
could be, in this case, unnecessarily restrictive. As stated by the
commenter, tests have shown that cracked structure within defined
limits can sustain limit loads without failure. Thus, the FAA finds
that a stringent repetitive inspection program, acceptable to the FAA
or CAA, may provide an acceptable level of safety that would allow for
deferment of a permanent repair for a certain period of time. Because
the manufacturer has not provided the FAA with such a repetitive
inspection program nor criteria to allow a temporary deferral of
permanent repair, such instructions cannot be included in the final
rule. However, to allow for the possibility of a temporary deferral of
repair, paragraph (b) of this final rule has been revised to require,
if any crack is detected, repair or reinspection prior to further
flight in accordance with a method approved by the FAA or CAA.
Conclusion
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the changes previously
described. The FAA has determined that these changes will neither
increase the economic burden on any operator nor increase the scope of
the AD.
Cost Impact
The FAA estimates that 44 airplanes of U.S. registry will be
affected by this required AD, that it will take approximately 1 work
hour per airplane to accomplish the required inspection, and that the
average labor rate is $60 per work hour. Based on these figures, the
cost impact of the required AD on U.S. operators is estimated to be
$2,640, or $60 per airplane, per inspection cycle.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator would accomplish those actions in the
future if this AD were not adopted.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
99-25-11 British Aerospace Regional Aircraft (Formerly British
Aerospace Regional Aircraft Limited, Avro International Aerospace
Division; British Aerospace, PLC; British Aerospace Commercial
Aircraft Limited): Amendment 39-11454. Docket 98-NM-331-AD.
Applicability: Model BAe 146 and Avro 146-RJ series airplanes,
as listed in British Aerospace Service Bulletin SB.53-152, dated
October 8, 1998, certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (c) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To detect and correct fatigue cracking along the face of the
retraction attachment boss in the nose landing gear sidewall, which
could result in premature extension of the nose landing gear or
result in depressurization of the airplane, accomplish the
following:
Repetitive Inspections
(a) Prior to the accumulation of 8,000 total flight cycles, or
within 200 flight cycles after the effective date of this AD,
whichever occurs later, perform an eddy current inspection to detect
cracking along the face of the retraction attachment boss in the
nose landing gear sidewall, in accordance with British Aerospace
Service Bulletin SB.53-152, dated October 8, 1998. Thereafter,
repeat the eddy current inspection at intervals not to exceed 2,600
flight cycles.
Repair
(b) If any crack is detected, prior to further flight, repair or
reinspect in accordance with a method approved by either the
Manager, International Branch, ANM-116, FAA, Transport Airplane
Directorate; or the Civil Aviation Authority (or its delegated
agent). For a repair method to be approved by the Manager,
International Branch, ANM-116, as
[[Page 72524]]
required by this paragraph, the Manager's approval letter must
specifically reference this AD.
Alternative Methods of Compliance
(c) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, International Branch, ANM-116.
Operators shall submit their requests through an appropriate FAA
Principal Maintenance Inspector, who may add comments and then send
it to the Manager, International Branch, ANM-116.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the International Branch, ANM-116.
Special Flight Permits
(d) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
Incorporation by Reference
(e) The inspections shall be done in accordance with British
Aerospace Service Bulletin SB.53-152, dated October 8, 1998. This
incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from British Aerospace Regional Aircraft
American Support, 13850 Mclearen Road, Herndon, Virginia 20171.
Copies may be inspected at the FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington; or at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC.
Note 3: The subject of this AD is addressed in British
airworthiness directive 015-10-98.
(f) This amendment becomes effective on February 1, 2000.
Issued in Renton, Washington, on December 1, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-31676 Filed 12-27-99; 8:45 am]
BILLING CODE 4910-13-U