[Federal Register Volume 65, Number 145 (Thursday, July 27, 2000)]
[Proposed Rules]
[Pages 46119-46122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18996]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-179-AD]
RIN 2120-AA64


Airworthiness Directives; British Aerospace Model BAe 146 and 
Model Avro 146-RJ Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to all British Aerospace Model 
BAe 146 and certain Model Avro 146-RJ series airplanes, that currently 
requires a one-time inspection for ``drill marks'' and corrosion on the 
underside of the wing top skin, and corrective actions, if necessary. 
This action would require a one-time inspection for ``drill marks'' and 
corrosion, and corrective actions, if necessary, in accordance with new 
procedures. For certain airplanes, this action would add a requirement 
for one-

[[Page 46120]]

time detailed visual and borescope inspections of the fuel tank, pump, 
and stringers for paint debris and inadequacy of the existing 
protective treatment coating; and corrective actions, if necessary. 
This proposal is prompted by issuance of mandatory continuing 
airworthiness information by a foreign civil airworthiness authority. 
The actions specified by the proposed AD are intended to prevent 
corrosion from developing on the underside of the top skin of the 
center wing, which could result in reduced structural integrity of the 
airplane.

DATES: Comments must be received by August 28, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-179-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may also be sent via the Internet using the 
following address: [email protected]. Comments sent via the 
Internet must contain ``Docket No. 2000-NM-179-AD'' in the subject line 
and need not be submitted in triplicate. Comments sent via the Internet 
as attached electronic files must be formatted in Microsoft Word 97 for 
Windows or ASCII text.
    The service information referenced in the proposed rule may be 
obtained from British Aerospace Regional Aircraft American Support, 
13850 Mclearen Road, Herndon, Virginia 20171. This information may be 
examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, 
SW., Renton, Washington.

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:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-179-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2000-NM-179-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On July 31, 1998, the FAA issued AD 98-16-24, amendment 39-10701 
(63 FR 42220, August 7, 1998), applicable to all British Aerospace 
Model BAe 146 and certain Model Avro 146-RJ series airplanes, to 
require a one-time inspection for ``drill marks'' and corrosion on the 
underside of the wing top skin, and corrective actions, if necessary. 
That action was prompted by issuance of mandatory continuing 
airworthiness information by a foreign civil airworthiness authority. 
The requirements of that AD are intended to prevent corrosion from 
developing on the underside of the top skin of the center wing, which 
could result in reduced structural integrity of the airplane.

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, British Aerospace has advised that 
paint debris has been found within the fuel tanks of some airplanes 
following application of protective treatment coating in accordance 
with Repair Instruction Leaflet (R.I.L.) HC573H9014. British Aerospace 
Service Bulletin SB.57-50, Revision 2, dated March 20, 1997 (which is 
referenced as the appropriate source of service information in AD 98-
16-24), references R.I.L. HC573H9014 for application of the protective 
treatment coating. Additionally, British Aerospace has now introduced a 
new R.I.L., which provides new and improved procedures for application 
of the protective treatment coating.

Explanation of Relevant Service Information

    The manufacturer has issued British Aerospace Inspection Service 
Bulletin ISB.57-57, dated February 25, 2000. For airplanes that have 
not been inspected previously in accordance with AD 98-16-24, or for 
airplanes on which protective coating has not been previously applied 
in accordance with R.I.L. HC573H9014, the service bulletin describes 
procedures for repetitive intrascope inspections of the underside of 
the wing top skin for ``drill marks'' and corrosion, and corrective 
actions, if necessary. For airplanes on which protective coating has 
been previously applied in accordance with R.I.L. HC573H9014, the 
service bulletin describes procedures for detailed visual and borescope 
inspections of the fuel tank, pump, and stringers to detect 
discrepancies; and corrective actions, if necessary. Discrepancies 
include, among other things, the existence of paint debris in various 
areas and inadequacy of existing protective treatment coating. 
Corrective actions include removing paint debris, testing the paint 
adhesion, and applying protective treatment coating. The service 
bulletin references R.I.L. HC573H9032 as an additional source of 
service information for the application of protective treatment 
coating. For airplanes on which protective treatment coating is applied 
in accordance with British Aerospace Inspection Service Bulletin 
ISB.57-57, or on which the inspection for paint debris and inadequacy 
of the existing protective treatment coating has detected no 
discrepancies, the need for repetitive inspections would be eliminated.
    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom, classified British Aerospace 
Inspection Service Bulletin ISB.57-57 as mandatory in order to assure 
the continued airworthiness of these airplanes in the United Kingdom.

[[Page 46121]]

FAA's Conclusions

    These airplane models are manufactured in the United Kingdom and 
are type certificated for operation in the United States under the 
provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 
21.29) and the applicable bilateral airworthiness agreement. Pursuant 
to this bilateral airworthiness agreement, the CAA has kept the FAA 
informed of the situation described above. The FAA has examined the 
findings of the CAA, reviewed all available information, and determined 
that AD action is necessary for products of this type design that are 
certificated for operation in the United States.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, the proposed AD would supersede AD 98-16-24 to 
require a one-time inspection to detect ``drill marks'' and corrosion 
on the underside of the wing top skin, and corrective actions, if 
necessary. This action would also require, for certain airplanes, one-
time detailed visual and borescope inspections of the fuel tank, pump, 
and stringers to detect discrepancies (including paint debris and 
inadequacy of existing protective treatment coating); and corrective 
actions, if necessary. The actions would be required to be accomplished 
in accordance with British Aerospace Inspection Service Bulletin 
ISB.57-57, except as discussed below.

Differences Between the Proposed Rule and Service Bulletin

    Operators should note that, for airplanes previously inspected in 
accordance with AD 98-16-24, on which no protective treatment coating 
has been applied, Inspection Service Bulletin ISB.57-57 provides for 
repetitive inspections with optional terminating action (the 
application of treatment coating). However, for those airplanes, this 
proposed AD would require corrective actions including the application 
of protective treatment coating if any discrepancy is detected during 
the inspection. The FAA has determined that long-term inspections may 
not be providing the degree of safety assurance necessary for the 
transport airplane fleet. This, along with the understanding of the 
human factors associated with numerous continual inspections, has led 
the FAA to consider placing less emphasis on inspections and more 
emphasis on the corrective actions. This proposed requirement is in 
consonance with these conditions.
    Additionally, operators should note that, although British 
Aerospace Inspection Service Bulletin ISB.57-57 specifies that the 
manufacturer be contacted for disposition of repair if any corrosion is 
detected, this proposal would require repair of any corrosion to be 
accomplished in accordance with a method approved by the FAA or the CAA 
(or its delegated agent). In light of the type of repair that would be 
required to address the identified unsafe condition, and in consonance 
with existing bilateral airworthiness agreements, the FAA has 
determined that, for this proposed AD, a repair approved by either the 
FAA or the CAA would be acceptable for compliance with this proposed 
AD.
    While the service bulletin recommends that the inspection be 
completed by January 31, 2001 (one year after the service bulletin was 
issued), this AD would require the inspection within 6 months. In 
developing an appropriate compliance time for this AD, the FAA 
considered not only the manufacturer's recommendation, but the degree 
of urgency associated with addressing the subject unsafe condition, the 
average utilization of the affected fleet, and the time necessary to 
perform the inspection. In light of all of these factors, the FAA finds 
a 6-month compliance time for initiating the proposed actions to be 
warranted, in that it represents an appropriate interval of time 
allowable for affected airplanes to continue to operate without 
compromising safety.

Cost Impact

    There are approximately 39 airplanes of U.S. registry that would be 
affected by this proposed AD.
    The inspection for ``drill marks'' and corrosion that is proposed 
in this AD action would take approximately 10 work hours per airplane 
(including access and close) to accomplish, at an average labor rate of 
$60 per work hour. Based on these figures, the cost impact of the 
proposed inspection on U.S. operators is estimated to be $600 per 
airplane.
    The inspection for paint debris and inadequacy of the existing 
protective treatment coating that is proposed in this AD action would 
take approximately 8 work hours per airplane (including access and 
close) to accomplish, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of the proposed inspection on 
U.S. operators is estimated to be $480 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the proposed 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 proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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 39-10701 (63 FR 
42220, August 7, 1998), and by adding a new airworthiness directive 
(AD), to read as follows:

British Aerospace Regional Aircraft (Formerly British Aerospace 
Regional Aircraft Limited, Avro International Aerospace Division; 
British Aerospace, PLC; British Aerospace Commercial Aircraft 
Limited): Docket 2000-NM-

[[Page 46122]]

179-AD. Supersedes AD 98-16-24, Amendment 39-10701.

    Applicability: All Model BAe 146 series airplanes; and Model 
Avro 146-RJ series airplanes, as listed in British Aerospace 
Inspection Service Bulletin SB.57-57, dated February 25, 2000; 
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 prevent corrosion from developing on the underside of the top 
skin of the center wing, which could result in reduced structural 
integrity of the airplane, accomplish the following:

Inspection: ``Drill Marks'' and Corrosion

    (a) For airplanes on which protective treatment coating has NOT 
been applied in accordance with British Aerospace Service Bulletin 
SB.57-50 [reference Repair Instruction Leaflet (R.I.L.) HC573H9014], 
and for airplanes on which the inspection required by AD 98-16-24, 
amendment 39-10701, has not been accomplished: Within 6 months after 
the effective date of this AD, perform a one-time intrascopic 
inspection for ``drill marks'' and corrosion on the underside of the 
wing top skin, in accordance with British Aerospace Inspection 
Service Bulletin ISB.57-57, dated February 25, 2000.
    (1) If no ``drill mark'' or corrosion is detected, no further 
action is required by this AD.
    (2) If any corrosion is detected, prior to further flight, 
repair in accordance with a method approved by either the Manager, 
International Branch, ANM-116, FAA, Transport Directorate; or the 
Civil Aviation Authority (CAA) of the United Kingdom (or its 
delegated agent). For a repair method to be approved by the Manager, 
ANM-116, International Branch, as required by this paragraph, the 
Manager's approval letter must specifically reference this AD.
    (3) If any ``drill mark'' is detected, or if any corrosion is 
detected and repaired, prior to further flight, apply protective 
treatment coating in accordance with British Aerospace Inspection 
Service Bulletin ISB.57-57, dated February 25, 2000. After this 
application, no further action is required by this AD.

    Note 2: Accomplishment of an intrascopic inspection for ``drill 
marks'' and corrosion prior to the effective date of this AD in 
accordance with British Aerospace Service Bulletin SB.57-50, 
Revision 2, dated March 20, 1997, is acceptable for compliance with 
the inspection requirements of paragraph (a) of this AD.

Inspection: Paint Debris and Inadequate Protective Coating

    (b) For airplanes on which protective treatment coating HAS been 
applied prior to the effective date of this AD in accordance with 
British Aerospace Service Bulletin SB.57-50 (reference R.I.L. 
HC573H9014): At the next scheduled maintenance inspection (``C-
check'') or within 6 months after the effective date of this AD, 
whichever occurs first, perform one-time detailed visual and 
borescope inspections of the fuel tank, pump, and stringers to 
detect discrepancies (including paint debris and inadequacy of 
existing protective treatment coating); in accordance with British 
Aerospace Inspection Service Bulletin ISB.57-57, dated February 25, 
2000.
    (1) If no discrepancy is found, no further action is required by 
this AD.
    (2) If any discrepancy is found, prior to further flight, 
accomplish all applicable corrective actions (including removal of 
paint debris and testing of paint adhesion), and apply protective 
treatment coating, in accordance with British Aerospace Inspection 
Service Bulletin ISB.57-57, dated February 25, 2000. After this 
application, no further action is required by this AD.

    Note 3: British Aerospace Inspection Service Bulletin ISB.57-57, 
dated February 25, 2000, references R.I.L. HC573H9032 as an 
additional source of service information for accomplishing the 
application of protective treatment coating.

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 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

    (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.

    Issued in Renton, Washington, on July 21, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-18996 Filed 7-26-00; 8:45 am]
BILLING CODE 4910-13-P