[Federal Register Volume 60, Number 76 (Thursday, April 20, 1995)]
[Proposed Rules]
[Pages 19693-19695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9770]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 94-NM-131-AD]
Airworthiness Directives; British Aerospace Model BAe 146-100A, -
200A, and -300A 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
146-100A, -200A, and -300A airplanes. This proposal would require
repetitive inspections for cracking of fuselage frame 29, and repair,
if necessary. This proposal is prompted by testing that revealed
fatigue cracking in the web and inboard flange of frame 29. The actions
specified by the proposed AD are intended to prevent reduced structural
integrity of the fuselage, due to fatigue cracking in frame 29.
DATES: Comments must be received by May 31, 1995.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 94-NM-131-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 Avro International Aerospace, Inc., 22111 Pacific Blvd.,
Sterling, Virginia 20166. This information may be examined at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington.
FOR FURTHER INFORMATION CONTACT: William Schroeder, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-2148; fax (206) 227-1320.
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 94-NM-131-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-103, Attention: Rules
Docket No. 94-NM-131-AD, 1601 Lind Avenue SW., Renton, Washington
98055-4056.
Discussion
The Civil Aviation Authority (CAA), which is the airworthiness
authority for the United Kingdom, recently notified the FAA that an
unsafe condition may exist on all British Aerospace Model BAe 146-100A,
-200A, and -300A airplanes. The CAA advises that, during fatigue
testing of the fuselage, cracking was discovered in the web and inboard
flange of frame 29 between stringers 12 [[Page 19694]] and 18 on the
left and right side of the fuselage. The cracking emanated from bolt
holes in these areas. Such fatigue cracking, if not detected and
corrected in a timely manner, could result in reduced structural
integrity of the fuselage of the airplane.
Avro International Aerospace has issued Inspection Service Bulletin
S.B. 53-130, dated May 10, 1994, which describes procedures for
repetitive visual inspections of frame 29 between stringers 12 and 18
on the left and right side of the fuselage. The Avro International
Aerospace inspection service bulletin also references procedures for
accomplishing a modification at each affected bolt position that would
eliminate the need for the repetitive inspections when those
modifications are installed at the time specified in the service
bulletin. (Specific procedures for this modification are described in
Repair Instruction Leaflet HC536H9159.) The CAA classified this
inspection service bulletin as mandatory.
This airplane model is manufactured in the United Kingdom and is
type certificated for operation in the United States under the
provisions of Sec. 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.
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 repetitive visual
inspections to detect cracking of the fuselage at frame 29. The actions
would be required to be accomplished in accordance with the service
bulletin described previously.
The proposed AD would also require that all findings of cracking be
repaired in accordance with a method approved by the FAA. Additionally,
the proposed AD would also provide for optional terminating action for
the repetitive inspections. Terminating action would consist of
modification of each affected bolt position in accordance with the
service bulletin described previously, provided that the modification
is accomplished no later than the applicable time specified in that
service bulletin.
As a result of recent communications with the Air Transport
Association (ATA) of America, the FAA has learned that, in general,
some operators may misunderstand the legal effect of AD's on airplanes
that are identified in the applicability provision of the AD, but that
have been altered or repaired in the area addressed by the AD. The FAA
points out that all airplanes identified in the applicability provision
of an AD are legally subject to the AD. If an airplane has been altered
or repaired in the affected area in such a way as to affect compliance
with the AD, the owner or operator is required to obtain FAA approval
for an alternative method of compliance with the AD, in accordance with
the paragraph of each AD that provides for such approvals. A note has
been included in this notice to clarify this long standing requirement.
The FAA estimates that 43 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 9 work
hours per airplane to accomplish the proposed actions, and that the
average labor rate is $60 per work hour. Based on these figures, the
total cost impact of the proposed AD on U.S. operators is estimated to
be $23,220, or $540 per airplane, per inspection cycle.
The total 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.
The regulations proposed herein would not have substantial direct
effects 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, 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. App. 1354(a), 1421 and 1423; 49 U.S.C.
106(g); and 14 CFR 11.89.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
British Aerospace Regional Aircraft Limited, Avro International
Aerospace Division (Formerly British Aerospace, PLC, British
Aerospace Commercial Aircraft Limited) Docket 94-NM-131-AD.
Applicability: All Model BAe 146-100A, -200A, and -300A
airplanes, 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 use the authority
provided in paragraph (d) to request approval from the FAA. This
approval may address either no action, if the current configuration
eliminates the unsafe condition; or different actions necessary to
address the unsafe condition described in this AD. Such a request
should include an assessment of the effect of the changed
configuration on the unsafe condition addressed by this AD. In no
case does the presence of any modification, alteration, or repair
remove any airplane from the applicability of this AD.
Compliance: Required as indicated, unless accomplished
previously. To prevent reduced structural integrity of the fuselage
of the airplane, due to fatigue cracking in frame 29, accomplish the
following:
(a) Perform a detailed visual inspection for cracking of frame
29 between stringers 12 and 18 on the left and right side of the
fuselage, in accordance with Avro International Aerospace Inspection
Service Bulletin S.B. 53-130, dated May 10, 1994. If the polymer
coating on frame 29 prevents a detailed visual inspection, perform a
surface eddy current inspection for cracking in accordance with the
service bulletin. Perform the inspections at the time specified in
paragraph (a)(1), (a)(2), or (a)(3) of this AD, as applicable.
[[Page 19695]]
(1) For Model BAe 146-100A airplanes: Perform the inspection
within 6 months after the effective date of this AD, or prior to the
accumulation of 30,000 total landings, whichever occurs later.
Repeat the inspection thereafter at intervals not to exceed 6,000
landings.
(2) For Model BAe 146-200A airplanes, and for Model BAe 146-300A
airplanes other than those airplanes identified in paragraph (a)(3)
of this AD: Perform the inspection within 6 months after the
effective date of this AD, or prior to the accumulation of 24,000
total landings, whichever occurs later. Repeat the inspection
thereafter at intervals not to exceed 6,000 landings.
(3) For Model BAe 146-300A airplanes having serial numbers
E3207, E3212, E3214, E3216, E3218, E3219, and E3222: Perform the
inspection within 6 months after the effective date of this AD, or
prior to the accumulation of 13,000 total landings, whichever occurs
later. Repeat the inspection thereafter at intervals not to exceed
4,000 landings.
(b) If any cracking is found during any inspection required by
paragraph (a) of this AD, prior to further flight, repair in
accordance with a method approved by the Manager, Standardization
Branch, ANM-113, FAA, Transport Airplane Directorate.
(c) Accomplishment of the modification of each affected bolt
position in accordance with Avro International Aerospace Inspection
Service Bulletin S.B. 53-130, dated May 10, 1994, prior to the
embodiment times shown in Table 'A' of that service bulletin,
constitutes terminating action for the repetitive inspections
required by paragraph (a) of this AD.
Note 2: Repair Instruction Leaflet (RIL) HC536H9159 provides
detailed instructions for modification of all bolt positions in the
affected areas of frame 29.
(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, Standardization Branch, ANM-113,
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,
Standardization Branch, ANM-113.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(e) 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 April 14, 1995.
John J. Hickey,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-9770 Filed 4-19-95; 8:45 am]
BILLING CODE 4910-13-U
