[Federal Register Volume 66, Number 35 (Wednesday, February 21, 2001)]
[Proposed Rules]
[Pages 10976-10979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4218]


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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; BAe Systems (Operations) Limited Model 
BAe 146 and Model Avro 146-RJ Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to all BAe Systems (Operations) Limited 
Model BAe 146 and Model Avro 146-RJ series airplanes, that would have 
superseded an existing AD that currently requires a one-time inspection 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. The proposed AD would have 
required a one-time inspection for ``drill marks'' and corrosion, and 
corrective actions, if necessary, per new procedures. For certain 
airplanes, the proposed AD would have added a requirement for one-time 
detailed visual and borescopic 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 new 
action revises the proposed rule by requiring repetitive inspections 
for ``drill marks'' and corrosion on the underside of the wing top 
skin, and corrective actions, if necessary, until all corrective 
actions and protective treatment actions are done. The actions 
specified by this new 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 March 19, 2001.

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 9:00 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. 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 action 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 action 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.

[[Page 10977]]

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to all 
British Aerospace Model BAe 146 and Model Avro 146-RJ series airplanes, 
was published as a notice of proposed rulemaking (NPRM) in the Federal 
Register on July 27, 2000 (65 FR 46119). That NPRM:
     Proposed to supersede AD 98-16-24, amendment 39-10701 (63 
FR 42220, August 7, 1998), which is applicable to all British Aerospace 
Model BAe 146 and certain Model Avro 146-RJ series airplanes.
     Would have continued to require a one-time inspection for 
``drill marks'' and corrosion on the underside of the wing top skin, 
and corrective actions, if necessary.
     Would have added a requirement for one-time detailed 
visual and borescopic inspections of the fuel tank, pump, and stringers 
for paint debris and inadequacy of the existing protective treatment 
coating; and corrective actions, if necessary.
     Was prompted by issuance of mandatory continuing 
airworthiness information by a foreign civil airworthiness authority.
     Was 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 Proposal

    Due consideration has been given to the comments received in 
response to the NPRM.

Request to Revise the Inspection and Corrective Action Requirements

    One commenter, BAe Systems, requests adding a corrective action to 
paragraph (a)(1) of the original NPRM, and specifying repetitive 
inspections until the corrective action is accomplished. The commenter 
states that inspections of the underside of the wing top skin should 
continue until the corrective action is accomplished, regardless of 
whether any discrepancies (drill marks or corrosion) are found. These 
changes are necessary because operators cannot be sure that the 
proposed [one-time intrascopic] inspection will identify slight damage 
that, in the long run, could result in corrosion. The commenter points 
out that it could take a minimum of 4 years for slight damage (due to 
``drill marks'' in the protective coating) to reach a level that could 
be detected by an inspection. In addition, the commenter has reported 
the following findings:
     On a number of production airplanes, during assembly of 
Stringer Crown Dagger fittings at Ribs 0 and 2, ``drill marks'' were 
produced on the underside of the wing top skin. These small marks 
impaired the protective treatment in that area.
     The terminating action specified in British Aerospace 
Service Bulletin SB.57-50 was to restore the surface protection per 
Repair Instruction Leaflet (R.I.L.) HC573H9014. However, following the 
closing action specified in that R.I.L, paint debris was found in the 
fuel tanks.
    The FAA concurs with the commenter's request to revise the proposed 
NPRM to require certain corrective actions even if no ``drill mark'' or 
corrosion is detected. After considering the information provided by 
the manufacturer, we have made the following determinations:
     For airplanes on which protective treatment coating has 
NOT been applied per British Aerospace Service Bulletin SB.57-50, and 
for airplanes on which the inspection required by AD 98-16-24, 
amendment 39-10701, has NOT been done, if no ``drill mark'' or 
corrosion is detected, paragraph (a)(1) of this AD requires operators 
to repeat the intrascopic inspection required by paragraph (a) of this 
AD thereafter at intervals not to exceed 4 years, until the protective 
treatment coating is applied, which is terminating action.
     For airplanes on which the protective coating HAS been 
applied prior to the effective date of this AD per Service Bulletin 
SB.57-50, paragraph (b) of this AD requires operators to do one-time 
detailed visual and borescopic inspections of the fuel tank, pump, and 
stringers to detect discrepancies (including paint debris and 
inadequacy of existing protective treatment coating) at the next 
scheduled maintenance inspection (``C-check'') or within 6 months after 
the effective date of this AD, whichever occurs first.
    We consider that the option to either continue inspections or do 
the terminating action will avoid placing an undue burden on some 
operators, while still ensuring an adequate level of safety for the 
fleet. In addition, we have determined that a shorter compliance time 
and more detailed inspections are necessary for airplanes on which the 
protective treatment coating has been applied per Service Bulletin 
SB.57-50. Paragraphs (a), (a)(1), and (a)(2) of this AD have been 
revised accordingly.

Request To Revise Company Name

    That same commenter requests that we change the name of the company 
responsible for the Model BAe Avro 146 type certificate from British 
Aerospace Regional Aircraft American Support to BAe Systems 
(Operations) Limited in the proposed AD.
    The FAA concurs with the commenter's request to change the name of 
the company to BAe Systems (Operations) Limited. We point out that this 
name was changed in the Type Certificate Data Sheet, and we have 
revised the company name throughout this AD accordingly.

Clarification of Service Information

    The FAA has revised Note 3 of this proposed AD to further clarify a 
reference for an additional source of service information for 
accomplishing the inspection action, and to add a reference for an 
additional source of information for accomplishing the protective 
treatment actions.

Conclusion

    Since these changes expand the scope of the originally proposed 
rule, the FAA has determined that it is necessary to reopen the comment 
period to provide additional opportunity for public comment.

Cost Impact

    There are approximately 39 Model BAe 146 and Model Avro 146-RJ 
series 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 AD on U.S. operators is estimated to be $600 per airplane, per 
inspection cycle.
    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.

[[Page 10978]]

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:

BAe Systems (Operations) Limited (Formerly British Aerospace 
Regional Aircraft): Docket 2000-NM-179-AD.

    Applicability: All Model BAe 146 series airplanes; and Model 
Avro 146-RJ airplanes, as listed in British Aerospace Inspection 
Service Bulletin ISB.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 per 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 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:

Intrascopic Inspection: ``Drill Marks'' and Corrosion

    (a) For airplanes on which protective treatment coating has NOT 
been applied per 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 as of the effective date of this 
AD: Within 6 months after the effective date of this AD, perform an 
intrascopic inspection for ``drill marks'' and corrosion on the 
underside of the wing top skin, per British Aerospace Inspection 
Service Bulletin ISB.57-57, dated February 25, 2000.
    (1) If no ``drill mark'' or corrosion is detected, repeat the 
intrascopic inspection required by paragraph (a) of this AD 
thereafter at intervals not to exceed 4 years, until the terminating 
action required by paragraph (c) of this AD is done.
    (2) If any corrosion is detected, prior to further flight, 
repair per 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).
    (3) If any ``drill mark'' is detected, or if any corrosion is 
detected and repaired, prior to further flight, do the terminating 
action required by paragraph (c) of this AD.

    Note 2: Accomplishment of an intrascopic inspection for ``drill 
marks'' and corrosion prior to the effective date of this AD, per 
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.

Detailed Visual and Borescopic Inspections: Paint Debris and Inadequate 
Protective Treatment Coating

    (b) For airplanes on which protective treatment coating HAS been 
applied prior to the effective date of this AD per 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, do one-
time detailed visual and borescopic inspections of the fuel tank, 
pump, and stringers to detect discrepancies (including paint debris 
and inadequacy of existing protective treatment coating); per 
Paragraph D. of the Accomplishment Instructions of 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, do all 
applicable corrective actions (including removal of paint debris and 
testing of paint adhesion), and the terminating action required by 
paragraph (c) of this AD, per British Aerospace Inspection Service 
Bulletin ISB.57-57, dated February 25, 2000.

    Note 3: Paragraph B. of the Accomplishment Instructions of 
British Aerospace Inspection Service Bulletin ISB.57-57, dated 
February 25, 2000, references R.I.L. HC573H9024 as an additional 
source of service information for accomplishing the intrascopic 
inspection. Paragraph C. of the Accomplishment Instructions of the 
service bulletin references R.I.L. HC573H9032 as an additional 
source of service information for applying the protective treatment 
coating.


    Note 4: For the purposes of this AD, a detailed visual 
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.''

Terminating Action

    (c) Application of the protective treatment coating, per 
Paragraph C. of the Accomplishment Instructions of British Aerospace 
Inspection Service Bulletin ISB.57-57, dated February 25, 2000, 
constitutes terminating action for the requirements of 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 5: 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 per 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.


[[Page 10979]]


    Issued in Renton, Washington, on February 13, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-4218 Filed 2-20-01; 8:45 am]
BILLING CODE 4910-13-U