[Federal Register Volume 66, Number 164 (Thursday, August 23, 2001)]
[Rules and Regulations]
[Pages 44293-44295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21104]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-223-AD; Amendment 39-12384; AD 2001-16-15]
RIN 2120-AA64


Airworthiness Directives; BAe Systems (Operations) Limited Model 
Avro 146-RJ85A and 146-RJ100A Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain BAe Systems (Operations) Limited Model Avro 146-
RJ85A and 146-RJ100A series airplanes. This action requires replacement 
of bolts in the wing rear spar at the center fuel tank. This action is 
prompted by mandatory continuing airworthiness information from a 
foreign civil airworthiness authority. This action is necessary to 
prevent the failure of bolts in the wing rear spar at the center fuel 
tank, which could result in reduced structural integrity of the 
airplane. This action is intended to address the identified unsafe 
condition.

DATES: Effective September 7, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 7, 2001.
    Comments for inclusion in the Rules Docket must be received on or 
before September 24, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket Number 2001-NM-223-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. 2001-NM-223-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 this AD may be obtained from 
British

[[Page 44294]]

Aerospace Regional Aircraft American Support, 13850 Mclearan Road, 
Herndon, Virginia 20171. This information may be examined 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.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
Renton, Washington; telephone (425) 227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: The Civil Aviation Authority (CAA), which is 
the airworthiness authority for the United Kingdom, notified the FAA 
that an unsafe condition may exist on certain BAe Systems (Operations) 
Limited Model Avro 146-RJ85A and 146-RJ100A series airplanes. The CAA 
advises that it has received a manufacturer's quality alert which 
identifies batches of bolts which possibly are of low strength. These 
bolts are on the wing rear spar at the center fuel tank. This 
condition, if not corrected, could lead to failure of the bolts on the 
wing rear spar at the center fuel tank, which could result in reduced 
structural integrity of the airplane.

Explanation of Relevant Service Information

    BAe Systems (Operations) Limited has issued Inspection Service 
Bulletin ISB.57-064, dated March 8, 2001, which describes procedures 
for replacement of 8 bolts (4 on the left and 4 on the right side) on 
the wing rear spar at the center fuel tank with new bolts. 
Accomplishment of the actions specified in the service bulletin is 
intended to adequately address the identified unsafe condition. The CAA 
classified this service bulletin as mandatory and issued British 
airworthiness directive 004-03-2001, in order to assure the continued 
airworthiness of these airplanes in Great Britain.

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 Sec. 21.29 of the Federal Aviation Regulations (14 CFR 
21.19) 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 the Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design that may be 
registered in the United States at some time in the future, this AD is 
being issued to prevent failure of the bolts on the wing rear spar at 
the center fuel tank. This AD requires replacement of 8 bolts on the 
wing rear spar at the center fuel tank. The actions are required to be 
accomplished in accordance with the service bulletin described 
previously.

Cost Impact

    None of the Model Avro 146-RJ85A and 146-RJ100A series airplanes 
affected by this action are on the U.S. Register. All airplanes 
included in the applicability of this rule currently are operated by 
non-U.S. operators under foreign registry; therefore, they are not 
directly affected by this AD action. However, the FAA considers that 
this rule is necessary to ensure that the unsafe condition is addressed 
in the event that any of these subject airplanes are imported and 
placed on the U.S. Register in the future.
    Should an affected airplane be imported and placed on the U.S. 
Register in the future, it would require approximately 3 work hours to 
accomplish the required actions, at an average labor rate of $60 per 
work hour. Based on these figures, the cost impact of this AD would be 
$180 per airplane.

Determination of Rule's Effective Date

    Since this AD action does not affect any airplane that is currently 
on the U.S. register, it has no adverse economic impact and imposes no 
additional burden on any person. Therefore, prior notice and public 
procedures hereon are unnecessary and the amendment may be made 
effective in less than 30 days after publication in the Federal 
Register.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by notice and opportunity for public comment, comments are 
invited on this rule. Interested persons are invited to comment on this 
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 under the caption 
ADDRESSES. All communications received on or before the closing date 
for comments will be considered, and this rule may be amended in light 
of the comments received. Factual information that supports the 
commenter's ideas and suggestions is extremely helpful in evaluating 
the effectiveness of the AD action and determining whether additional 
rulemaking action would be needed.
    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 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 rule that might 
suggest a need to modify the 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 that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2001-NM-223-AD.'' The postcard will be date stamped 
and returned to the commenter.

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

[[Page 44295]]

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:

2001-16-15  BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-12384. Docket 2001-NM-
223-AD.
    Applicability: Model Avro 146-RJ85A series airplanes, serial 
numbers E2302, E2303, E2304, E2305, and E2306; and Avro 146-RJ100A 
series airplanes, serial number E3301; 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 (b) 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 failure of the bolts in the wing rear spar at the 
center fuel tank, which could result in reduced structural integrity 
of the airplane, accomplish the following:

Replacement

    (a) At the next internal access of the center fuel tank but no 
later than 4,000 flight cycles after the effective date of this AD: 
Replace the 8 bolts in the wing rear spar at the center fuel tank 
with new bolts, in accordance with BAe Systems (Operations) Limited 
Inspection Service Bulletin ISB.57-064, dated March 8, 2001.

Alternative Methods of Compliance

    (b) 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 Manager, International Branch.

Special Flight Permits

    (c) 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

    (d) The replacement shall be done in accordance with BAe Systems 
(Operations) Limited Inspection Service Bulletin ISB.57-064, dated 
March 8, 2001. 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 004-03-2001.

Effective Date

    (e) This amendment becomes effective on September 7, 2001.

    Issued in Renton, Washington, on August 15, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-21104 Filed 8-22-01; 8:45 am]
BILLING CODE 4910-13-P