[Federal Register Volume 65, Number 54 (Monday, March 20, 2000)]
[Rules and Regulations]
[Pages 14845-14847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6329]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-237-AD; Amendment 39-11637; AD 2000-05-27]
RIN 2120-AA64


Airworthiness Directives; British Aerospace Model BAe 146-100A, -
200A, and -300A Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain British Aerospace Model BAe 146-100A, -
200A, and -300A series airplanes, that currently requires either a one-
time non-destructive test (NDT) inspection or a detailed visual 
inspection for cracking of the fuselage skin in the vicinity of frame 
29 between stringers 12 and 13, and repair, if necessary. This 
amendment requires that the current thresholds for these inspections be 
reduced and that repetitive inspections be performed. This amendment is 
prompted by issuance of mandatory continuing airworthiness information 
by a foreign civil airworthiness authority. The actions specified by 
this AD are intended to detect and correct fatigue cracking of the 
fuselage skin in the specified area, which could result in reduced 
structural integrity of the airplane.

DATES: Effective April 24, 2000.
    The incorporation by reference of British Aerospace Service 
Bulletin SB.53-144, Revision 1, dated May 21, 1999, as listed in the 
regulations, is approved by the Director of the Federal Register as of 
April 24, 2000.
    The incorporation by reference of British Aerospace Service 
Bulletin SB.53-144, dated April 27, 1998, was approved previously by 
the Director of the Federal Register as of November 10, 1998 (63 FR 
53550, October 6, 1998).

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) by superseding AD 98-21-06, 
amendment 39-10814 (63 FR 53550, October 6, 1998), which is applicable 
to certain British Aerospace Model BAe 146-100A, -200A, and -300A 
series airplanes, was published in the Federal Register on October 14, 
1999 (64 FR 55636). The action proposed to require either a one-time 
non-destructive test (NDT) inspection or a detailed visual inspection 
for cracking of the fuselage skin in the vicinity of frame 29 between 
stringers 12 and 13, and repair, if necessary. The action also proposed 
to require that the current thresholds for these inspections be reduced 
and that repetitive inspections be performed.

Comments Received

    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 Cite Revision 1 of Service Bulletin

    One commenter, the manufacturer, states that, although paragraph 
(a) of the proposed AD contains the statement ``* * * at the earlier of 
the applicable times specified in paragraphs (a)(1) and (a)(2) * * *,'' 
the commenter considers the paragraph's structure to be confusing. 
[Paragraphs (a)(1) and (a)(2) require compliance times as specified in 
British Aerospace Service Bulletin SB.53-144, dated April 27, 1998, and 
Revision 1, dated May 21, 1999, respectively]. The commenter requests 
that the main text of the proposed rule be revised to cite only 
Revision 1 of Service Bulletin SB.53-144 and its associated inspection 
periods, which are reduced from those specified in the original issue 
of the service bulletin. The commenter states that it has monitored 
results of inspections and has conducted metallurgical analysis on 
samples. From this effort, it has concluded that any uninspected 
airplanes should be inspected at the reduced compliance times specified 
in the later revision of the service bulletin.
    The FAA acknowledges that clarification of the AD may be helpful. 
However, the FAA does not concur with the request to include only those 
compliance times recommended in Revision 1 of Service Bulletin SB.53-
144. Omitting compliance thresholds of an existing AD could result in 
the inadvertent extension of the compliance time for certain airplanes 
in a superseding AD. If the compliance thresholds of the existing AD 
are not restated in the new AD, such that only the compliance times of 
the new AD are required, the new grace period can result in additional 
time allowed before the inspection must be accomplished. Therefore, 
when an AD is superseded specifically to reduce a compliance threshold, 
such an inadvertent extension of the compliance threshold would be 
contrary to the intent of requiring accomplishment of the existing 
requirements within an earlier timeframe.
    In this case, the FAA's intent was to ensure that operators 
accomplish the inspection at the earliest time required by either the 
existing AD or this superseding AD. Consequently, this AD includes both 
the thresholds required by AD 98-21-06 and the reduced thresholds 
recommended in the service bulletin. An airplane subject to the 
requirements of the existing AD, and due to be inspected per the 
requirements of the existing AD, should still be inspected if the 
compliance time in the existing AD is earlier than that specified in 
the new AD.

Reference to Original Service Bulletin

    The same commenter, in relation to the previous comment, suggests 
that the proposed AD be revised to reference the original issue of the 
service bulletin in a note to the AD. The commenter states that the 
note could identify that although the compliance times recommended in 
Revision 1 of the service bulletin are reduced, the inspection remains 
the same and, if the inspection has already been conducted, further 
inspections should continue in accordance with the Maintenance Review 
Board (MRB).
    The FAA does not concur. Since ``NOTE 2'' of the AD already states 
that the actions defined in the original issue and Revision 1 of the 
service bulletin are identical, the FAA does not consider it necessary 
to add further information in regard to Service Bulletin SB.53-144. 
Additionally, since paragraph (b) of the

[[Page 14846]]

AD already requires repetitive inspections as specified in a certain 
task of the MRB, there is no need to state that further inspections 
should continue in accordance with the MRB. No change to the AD is 
necessary.

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 as proposed.

Cost Impact

    The FAA estimates that 23 airplanes of U.S. registry will be 
affected by this AD.
    For operators that elect to accomplish the visual inspection rather 
than the NDT inspection, it will take approximately 6 work hours per 
airplane to accomplish it, at an average labor rate of $60 per work 
hour. Based on these figures, the cost impact of the visual inspection 
on U.S. operators is estimated to be $360 per airplane, per inspection 
cycle.
    For operators that elect to accomplish the NDT inspection rather 
than the visual inspection, it will take approximately 8 work hours per 
airplane to accomplish it, at an average labor rate of $60 per work 
hour. Based on these figures, the cost impact of the NDT inspection on 
U.S. operators is estimated to be $480 per airplane, per inspection 
cycle.
    The cost impact figures discussed above are 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 a substantial direct 
effect 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, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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 removing amendment 39-10814 (63 FR 
53550, October 6, 1998), and by adding a new airworthiness directive 
(AD), amendment 39-11637, to read as follows:

2000-05-27  British Aerospace Regional Aircraft (Formerly British 
Aerospace Regional Aircraft Limited, Avro International Aerospace 
Division; British Aerospace, PLC; British Aerospace Commercial 
Aircraft Limited): Amendment 39-11637. Docket 99-NM-237-AD. 
Supersedes AD 98-21-06, Amendment 39-10814.

    Applicability: Model BAe 146-100A, -200A, and -300A series 
airplanes; as listed in British Aerospace Service Bulletin SB.53-
144, dated April 27, 1998, or Revision 1, dated May 21, 1999; 
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 (d) 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 of the fuselage skin in 
the vicinity of frame 29 between stringers 12 and 13, which could 
result in reduced structural integrity of the airplane, accomplish 
the following:

Inspections

    (a) Perform either a non-destructive test (NDT) inspection or a 
detailed visual inspection for cracking of the fuselage skin in the 
vicinity of frame 29 between stringers 12 and 13, in accordance with 
British Aerospace Service Bulletin SB.53-144, dated April 27, 1998, 
or Revision 1, dated May 21, 1999, at the earlier of the applicable 
times specified in paragraphs (a)(1) and (a)(2).

    Note 2: The actions defined in the original issue and Revision 1 
of the service bulletin are identical. However, the compliance times 
and effectivity groupings are different. Accomplishment of either 
revision level, at the earlier of the applicable compliance times of 
paragraphs (a)(1) and (a)(2) of this AD, is acceptable for 
compliance with the requirements of paragraph (a) of this AD.


    Note 3: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

    (1) For airplanes identified in the specified paragraph of 
Service Bulletin SB.53-144, dated April 27, 1998:
    (i) Paragraph 1.D.(1)(a): Inspect prior to the accumulation of 
12,000 total flight cycles, or within 1,000 flight cycles after 
November 10, 1998 (the effective date of AD 98-21-06, amendment 39-
10814), whichever occurs later.
    (ii) Paragraph 1.D.(1)(b): Inspect prior to the accumulation of 
16,000 total flight cycles, or within 1,200 flight cycles after 
November 10, 1998, whichever occurs later.
    (iii) Paragraph 1.D.(1)(c): Inspect prior to the accumulation of 
13,500 total flight cycles, or within 1,000 flight cycles after 
November 10, 1998, whichever occurs later.
    (iv) Paragraph 1.D.(1)(d): Inspect prior to the accumulation of 
22,000 total flight cycles, or within 1,400 flight cycles after 
November 10, 1998, whichever occurs later.
    (2) For airplanes in the applicable configuration specified in 
Table 1 of Service Bulletin SB.53-144, Revision 1, dated May 21, 
1999:
    (i) For Model BAe 146-100 airplanes on which Modification 
HCM00020P has not been accomplished: Inspect prior to the 
accumulation of 11,600 total flight cycles, or within 1,000 flight 
cycles after the effective date of this AD, whichever occurs later.
    (ii) For Model BAe 146-100 airplanes on which Modification 
HCM00020P has been accomplished: Inspect prior to the accumulation 
of 14,500 total flight cycles, or within 1,200 flight cycles after 
the effective date of this AD, whichever occurs later.
    (iii) For Model BAe 146-200 airplanes on which Modification 
HCM00021J has not been accomplished: Inspect prior to the 
accumulation of 12,600 total flight cycles, or within 1,000 flight 
cycles after the effective date of this AD, whichever occurs later.
    (iv) For Model BAe 146-200 airplanes on which Modification 
HCM00021J has been

[[Page 14847]]

accomplished: Inspect prior to the accumulation of 11,600 total 
flight cycles, or within 1,000 flight cycles after the effective 
date of this AD, whichever occurs later.
    (v) For Model BAe 146-300 airplanes on which Modification 
HCM01000B has not been accomplished: Inspect prior to the 
accumulation of 17,200 total flight cycles, or within 1,400 flight 
cycles after the effective date of this AD, whichever occurs later.
    (b) Repeat the inspections required by paragraph (a) of this AD 
at the intervals defined in Significant Structural Item (SSI) Task 
No. 53-20-160 as detailed in Section 6 of the BAe 146 Maintenance 
Review Board Report, Revision 5, dated November 1998.

Corrective Action

    (c) If any cracking is detected during any inspection required 
by paragraph (a) or (b) of this AD, prior to further flight, repair 
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 required by this paragraph, the manager's approval 
letter must specifically reference this AD.

Alternative Methods of Compliance

    (d) 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 4: 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

    (e) Special flight permits may be issued in accordance with 
Secs. 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

    (f) The inspections shall be done in accordance with British 
Aerospace Service Bulletin SB.53-144, dated April 27, 1998, or 
British Aerospace Service Bulletin SB.53-144, Revision 1, May 21, 
1999. Revision 1 of British Aerospace Service Bulletin 53-144 
contains the following list of effective pages:

------------------------------------------------------------------------
                         Revision level shown on
        Page No.                   page             Date shown on page
------------------------------------------------------------------------
1-3, 7.................  1......................  May 21, 1999.
4-6, 8-10..............  Original...............  April 27, 1998.
------------------------------------------------------------------------

    (1) The incorporation by reference of British Aerospace Service 
Bulletin SB.53-144, Revision 1, dated May 21, 1999, is approved by 
the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51.
    (2) The incorporation by reference of British Aerospace Service 
Bulletin SB.53-144, dated April 27, 1998, was approved previously by 
the Director of the Federal Register as of November 10, 1998 (63 FR 
53550, October 6, 1998).
    (3) 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 5: The subject of this AD is addressed in British 
airworthiness directive 005-04-98.

    (g) This amendment becomes effective on April 24, 2000.

    Issued in Renton, Washington, on March 9, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-6329 Filed 3-17-00; 8:45 am]
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