[Federal Register Volume 63, Number 19 (Thursday, January 29, 1998)]
[Proposed Rules]
[Pages 4404-4406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2138]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-NM-163-AD]
RIN 2120-AA64
Airworthiness Directives; British Aerospace Model BAe 146-100A, -
200A, and -300A 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 adoption of a new airworthiness
directive (AD) that is applicable to certain British Aerospace Model
BAe 146-100A, -200A, and -300A and Model Avro 146-RJ series airplanes.
This proposal would require repetitive inspections of the attachment
brackets between the horizontal and vertical stabilizers to detect
intergranular corrosion, and follow-on actions. 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 detect and correct reduced structural
integrity of the stabilizer brackets due to corrosion, which could
[[Page 4405]]
result in reduced controllability of the airplane.
DATES: Comments must be received by March 2, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 97-NM-163-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.
The service information referenced in the proposed rule may be
obtained from AI(R) American Support, Inc., 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.
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 97-NM-163-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. 97-NM-163-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
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 British Aerospace Model BAe 146-100A, --
200A, and -300A and Model Avro 146-RJ series airplanes. The CAA advises
that, during a routine inspection, intergranular corrosion was found on
the attachment fittings between the horizontal and vertical stabilizers
and on the adjoining vertical stabilizer lugs. Such corrosion may
result from improper manufacturing techniques and, therefore, may exist
on other airplanes of the same type design. This condition, if not
detected and corrected in a timely manner, could reduce the structural
integrity of the stabilizer attachment brackets, which could result in
reduced controllability of the airplane.
Explanation of Relevant Service Information
British Aerospace has issued Service Bulletin SB.55-15, dated April
14, 1997, which describes procedures for a visual or an ultrasonic
inspection of the attachment brackets between the horizontal and
vertical stabilizers to detect intergranular corrosion. For airplanes
on which no corrosion is found, the service bulletin describes
procedures for restoration of the original protective treatment and
application of additional surface protection to the attachment
brackets. For airplanes on which corrosion is found that is accessible,
the service bulletin describes procedures for blending out the
corrosion, re-protecting the blended areas, and applying additional
surface protection to the attachment brackets. The CAA classified this
service bulletin as mandatory and issued British airworthiness
directive 001-04-97 in order to assure the continued airworthiness of
these airplanes in the United Kingdom.
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 require accomplishment of
the actions specified in the service bulletin described previously,
except as discussed below.
Differences Between the Proposed Rule and Relevant Service
Information
Operators should note that, although the service bulletin specifies
that the manufacturer may be contacted for disposition of certain
repair conditions, this proposal would require the repair of those
conditions to be accomplished in accordance with a method approved by
the FAA.
Operators also should note that the service bulletin and the
British airworthiness directive do not specify accomplishment of
repetitive inspections after the one-time inspection described in the
service bulletin because repetitive inspections are included in a
revised Maintenance Review Board (MRB) Report. However, the FAA has
determined that it is necessary to mandate the repetitive inspections
in paragraph (a) of this AD to ensure continued operational safety of
the fleet.
Cost Impact
The FAA estimates that 40 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
$2,400, or $60 per airplane, per inspection cycle.
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 substantial direct
effects on the States, on the relationship
[[Page 4406]]
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
Therefore, in accordance with Executive Order 12612, it is determined
that this proposal would not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
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 Limited [Formerly British
Aerospace Regional Aircraft Limited, Avro International Division;
British Aerospace, PLC; British Aerospace Commercial Aircraft
Limited]: Docket 97-NM-163-AD.
Applicability: Model BAe 146-100A, -200A, and -300A and Model
Avro 146-RJ series airplanes, certificated in any category, having
the following constructors numbers:
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Model Constructors Nos.
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BAe 146-100A, -200A, and -300A............ All.
Avro 146-RJ70/70A......................... All up to and including
E1267.
Avro 146-RJ85/85A......................... All up to and including
E2300.
Avro 146-RJ100/100A....................... All up to and including
E3301.
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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 (e) 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 reduced structural integrity of the
stabilizer attachment brackets due to corrosion, which could result
in reduced controllability of the airplane, accomplish the
following:
(a) Perform an inspection to detect corrosion of the attachment
brackets between the horizontal and vertical stabilizers, in
accordance with British Aerospace Service Bulletin SB.55-15, dated
April 14, 1997, at the time specified in paragraph (a)(1), (a)(2),
or (a)(3) of this AD, as applicable. Thereafter, repeat the
inspection at intervals not to exceed 12,000 flight cycles or 4
years after the initial inspection, whichever occurs first.
(1) For Model BAe 146-100A, -200A, and -300A series airplanes
having constructors numbers identified in paragraph D.(1)(a) of the
Planning Information section of the service bulletin: Inspect within
20 months after the effective date of this AD.
(2) For Model BAe 146-100A, -200A, and -300A series airplanes
having constructors numbers identified in paragraph D.(1)(b) of the
Planning Information section of the service bulletin: Inspect within
32 months after the effective date of this AD.
(3) For Model BAe 146-100A, -200A, and -300A series airplanes
and Avro 146-RJ70A, -85A, and -100A airplanes having constructors
numbers identified in paragraph D.(1)(c) of the Planning Information
section of the service bulletin: Inspect within 44 months after the
effective date of this AD.
(b) If no corrosion is detected, prior to further flight,
restore the original protective treatment and apply additional
surface protection to the attachment brackets in accordance with
British Aerospace Service Bulletin SB.55-15, dated April 14, 1997.
(c) If any corrosion is detected and it is accessible, prior to
further flight, blend out the corrosion, re-protect the blended
areas, and apply additional surface protection to the attachment
brackets in accordance with British Aerospace Service Bulletin
SB.55-15, dated April 14, 1997.
(d) If any corrosion is detected and it is not accessible or, if
after blending, the damage to the attachment brackets is found to be
outside the limits identified in British Aerospace Service Bulletin
SB.55-15, dated April 14, 1997, prior to further flight, repair in
accordance with a method approved by the Manager, International
Branch, ANM-116, FAA, Transport Airplane Directorate.
(e) 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 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.
(f) 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.
Note 3: The subject of this AD is addressed in British
airworthiness directive 001-04-97.
Issued in Renton, Washington, on January 22, 1998.
Stewart R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-2138 Filed 1-28-98; 8:45 am]
BILLING CODE 4910-13-U