[Federal Register Volume 65, Number 206 (Tuesday, October 24, 2000)]
[Proposed Rules]
[Pages 63556-63558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27296]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-249-AD]
RIN 2120-AA64


Airworthiness Directives; British Aerospace Model BAe ATP 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to all British Aerospace Model BAe 
ATP airplanes. This proposal would require revising the Airworthiness 
Limitations Section of the Instructions for Continued Airworthiness to 
incorporate life limits for certain items and inspections to detect 
fatigue cracking in certain structures. This proposal is prompted by 
issuance of a revision to the airworthiness limitations of the British 
Aerospace ATP Aircraft Maintenance Manual, which specifies new 
inspections and compliance times for inspection and replacement action. 
The actions specified by the proposed AD are intended to ensure that 
fatigue cracking of certain structural elements is detected and 
corrected; such fatigue cracking could adversely affect the structural 
integrity of these airplanes.

DATES: Comments must be received by November 24, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-249-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 99-NM-249-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 99-NM-249-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. 99-NM-249-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom, has notified the FAA that a revision 
to Section 05-00-00 of British Aerospace ATP Aircraft Maintenance 
Manual (AMM) has been issued. [The FAA refers to the information 
included in that section of the AMM as the Airworthiness Limitations 
Section (ALS).] That revision affects all British Aerospace Model BAe 
ATP airplanes. The revision provides mandatory replacement times and 
structural inspection intervals approved under section 25.571 of the 
Joint Aviation Requirements and the Federal Aviation Regulations (14 
CFR 25.571). As airplanes gain service experience, or as results of 
post-certification testing and evaluation are obtained, it may become 
necessary to add additional life limits or structural inspections to 
ensure the continued structural integrity of the airplane.
    The CAA advises that analysis of fatigue test data has revealed 
that certain inspections must be performed at specific intervals to 
preclude fatigue cracking in certain areas of the airplane. In 
addition, the CAA advises that certain life limits must be imposed for 
various components on these airplanes to preclude the onset of fatigue 
cracking in those components. Such fatigue cracking, if not corrected, 
could adversely affect the structural integrity of these airplanes.

Explanation of Relevant Service Information

    British Aerospace has issued a revision to Section 05-00-00, 
``General, Airworthiness Limitations,'' dated August 15, 1999, of 
British Aerospace ATP Aircraft Maintenance Manual (AMM), which 
references additional chapters. That revised section of the AMM 
includes mandatory life limitations for the airframe and power plant/
engine; structural inspections of the fuselage, engine, horizontal 
stabilizer, and wing bottom surface. The revised section also describes 
new inspections and compliance times for inspection and replacement 
actions. Accomplishment of those actions will preclude the onset of 
fatigue cracking of

[[Page 63557]]

certain structural elements of the airplane.
    The CAA has approved the revision to Section 05-00-00 of the AMM 
document to assure the continued airworthiness of these airplanes in 
the United Kingdom. The CAA has not issued a corresponding 
airworthiness directive, although accomplishment of the additional life 
limits and structural inspections contained in the revised section of 
the AMM document may be considered mandatory for operators of these 
airplanes in the United Kingdom.

FAA's Conclusions

    The FAA has reviewed the revision to Section 05-00-00 of the AMM 
and 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. Pursuant to the bilateral airworthiness 
agreement, the CAA has kept the FAA informed of the situation described 
above. This airplane model is manufactured in the United Kingdom and is 
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. The FAA 
has determined that the revision to Section 05-00-00 of the AMM must be 
incorporated into the ALS of the Instructions for Continued 
Airworthiness.

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 require a revision to the 
ALS of the Instructions for Continued Airworthiness to incorporate 
inspections to detect fatigue cracking of certain Significant 
Structural Items and to revise life limits for certain equipment and 
various components that are specified in the previously referenced 
maintenance document.

Explanation of Action Taken by the FAA

    In accordance with airworthiness standards requiring ``damage 
tolerance assessments'' for transport category airplanes [section 
25.1529 of the Federal Aviation Regulations (14 CFR 25.1529), and the 
Appendices referenced in that section], all products certificated to 
comply with that section must have Instructions for Continued 
Airworthiness (or, for some products, maintenance manuals) that include 
an ALS. That section must set forth:
     Mandatory replacement times for structural components,
     Structural inspection intervals, and
     Related approved structural inspection procedures 
necessary to show compliance with the damage-tolerance requirements.
    Compliance with the terms specified in the ALS is required by 
sections 43.16 (for persons maintaining products) and 91.403 (for 
operators) of the Federal Aviation Regulations (14 CFR 43.16 and 
91.403).
    In order to require compliance with these inspection intervals and 
life limits, the FAA must engage in rulemaking, namely the issuance of 
an AD. For products certificated to comply with the referenced part 25 
requirements, it is within the authority of the FAA to issue an AD 
requiring a revision to the ALS that includes reduced life limits, or 
new or different structural inspection requirements. These revisions 
then are mandatory for operators under section 91.403(c) of the Federal 
Aviation Regulations (14 CFR 91.403), which prohibits operation of an 
airplane for which airworthiness limitations have been issued unless 
the inspection intervals specified in those limitations have been 
complied with.
    After that document is revised, as required, and the AD has been 
fully complied with, the life limit or structural inspection change 
remains enforceable as a part of the airworthiness limitations. (This 
is analogous to AD's that require changes to the Limitations Section of 
the Airplane Flight Manual.)
    Requiring a revision of the airworthiness limitations, rather than 
requiring individual inspections, is advantageous for operators because 
it allows them to record AD compliance status only once--at the time 
they make the revision--rather than after every inspection. It also has 
the advantage of keeping all airworthiness limitations, whether imposed 
by original certification or by AD, in one place within the operator's 
maintenance program, thereby reducing the risk of non-compliance 
because of oversight or confusion.

Cost Impact

    The FAA estimates that 10 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 1 work 
hour per airplane to accomplish the proposed actions, and that the 
average labor rate is $60 per work hour. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$600, or $60 per airplane.
    The cost impact figure discussed above is 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 adding the following new 
airworthiness directive:

British Aerospace Regional Aircraft [Formerly Jetstream Aircraft 
Limited; British Aerospace (Commercial Aircraft) Limited: Docket 99-
NM-249-AD.

    Applicability: All BAe Model ATP airplanes, certificated in any 
category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability

[[Page 63558]]

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 ensure continued structural integrity of these airplanes, 
accomplish the following:

Airworthiness Limitations Revision

    (a) Within 30 days after the effective date of this AD, revise 
the Airworthiness Limitations Section (ALS) of the Instructions for 
Continued Airworthiness by incorporating Section 05-00-00, dated 
August 15, 1997, of the British Aerospace ATP Aircraft Maintenance 
Manual (AMM), dated October 15, 1999, into the ALS. This section 
references other chapters of the AMM. The applicable revision level 
of the referenced chapters is that in effect on the effective date 
of this AD.
    (b) Except as provided by paragraph (c) of this AD: After the 
actions specified in paragraph (a) of this AD have been 
accomplished, no alternative inspections or inspection intervals may 
be approved for the structural elements specified in the document 
listed in paragraph (a) of 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, FAA, 
Transport Airplane Directorate. 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.

    Issued in Renton, Washington, on October 18, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-27296 Filed 10-23-00; 8:45 am]
BILLING CODE 4910-13-P