[Federal Register Volume 60, Number 98 (Monday, May 22, 1995)]
[Rules and Regulations]
[Pages 27016-27018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11905]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 94-NM-163-AD; Amendment 39-9232; AD 95-10-15]
Airworthiness Directives; British Aerospace Model BAe 146-100A, -
200A, -300A and Model Avro 146-RJ70A, -RJ85A, and -RJ100A Airplanes
Equipped With Certain Air Cruisers Evacuation Slides
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain British Aerospace Model BAe 146-100A, -200A, -
300A and Model Avro 146-RJ70A, -RJ85A, and -RJ100A airplanes, that
requires repetitive inspections to verify proper deployment of the
evacuation slide at each door position, and various follow-on actions
to correct discrepancies. This amendment is prompted by a report that,
during operational checks of evacuation slides on in-service airplanes,
the inflation valves failed to deploy the evacuation slide properly.
The actions specified by this AD are intended to prevent failure of the
evacuation slide to deploy automatically on demand, which would
necessitate the flightcrew to manually deploy the slide; this situation
could delay or impede the evacuation of passengers during an emergency.
DATES: Effective June 21, 1995.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of June 21, 1995.
ADDRESSES: The service information referenced in this AD may be
obtained from British Aerospace Holdings, Inc., Avro International
Aerospace Division, P.O. Box 16039, Dulles International Airport,
Washington DC 20041-6039; and Air Cruisers Company, P.O. Box 180,
Belmar, New Jersey 07719-0180. This information may be examined at the
Federal Aviation Administration (FAA), Transport Airplane Directorate,
Rules Docket, 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: 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: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain British Aerospace Model
BAe 146-100A, -200A, -300A and Model Avro 146-RJ70A, -RJ85A, and -
RJ100A airplanes was published in the Federal Register on November 7,
1994 (59 FR 55382). That action proposed to require repetitive
inspections to verify proper deployment of the evacuation slide at each
door position, and various follow-on actions to correct discrepancies.
That action also proposed to require modification of the inflation
valve of the evacuation slide, which would terminate the repetitive
inspection requirements.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
One commenter questions the need for the rule since the major U.S.
operators of the affected airplanes have accomplished the proposed
actions. The commenter also states that for over two years there have
been no reports of in-service deployment or inflation problems in the
field, since the issuance of Air Cruisers Service Bulletin S.B. 201-25-
17, dated June 4, 1992, referenced in the proposal as the appropriate
source of service information. However, the commenter notes that,
during an evacuation demonstration, an isolated incident did occur in
which the inflation valve did not inflate automatically.
From these comments, the FAA infers that the commenter is
requesting that the rule be withdrawn. The FAA does not concur. The FAA
has received no documentation to indicate that all affected U.S.
operators have accomplished the actions required by this AD. Even if
that were the case, issuance of this AD is necessary to ensure that the
required actions are accomplished on any British Aerospace Model BAe
146-100A, -200A, -300A and Model Avro 146-RJ70A, -RJ85A, and -RJ100A
airplanes that may be imported and added to the U.S. Register in the
future. Although the FAA recognizes that there have been no cases of
failure of the slides in service, the potential for such failures does
exist [[Page 27017]] with regard to these airplanes. This AD action
addresses that potential unsafe condition.
This same commenter states that the manufacturer of the inflation
valve, Air Cruisers Company, has not agreed to provide the valves at no
cost to the operators, as was indicated in the preamble to the notice.
The commenter states that the improved inflation valves will cost
approximately $600 each. The FAA has verified with the manufacturer
that the required parts will cost $600 per valve. The economic impact
information, below, has been revised to include the price of required
parts.
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 added to this final rule to clarify this long standing
requirement.
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the changes previously
described. The FAA has determined that this change will neither
significantly increase the economic burden on any operator nor increase
the scope of the AD.
The FAA estimates that 41 airplanes of U.S. registry will be
affected by this AD, that it will take approximately 3.5 work hours per
airplane to accomplish the required actions, and that the average labor
rate is $60 per work hour. Required parts will cost approximately $600
per valve (4 valves per airplane). Based on these figures, the total
cost impact of the AD on U.S. operators is estimated to be $107,010 or
$2,610 per airplane.
The total cost impact figure discussed above is based on
assumptions that no operator has yet accomplished any of the
requirements of this AD action, and that no operator would accomplish
those actions in the future if this AD were not adopted.
The regulations adopted herein will 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 final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
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 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. 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:
95-10-15 British Aerospace Regional Aircraft Limited, AVRO
International Aerospace Division (Formerly British Aerospace, plc;
British Aerospace Commercial Aircraft Limited): Amendment 39-9232.
Docket 94-NM-163-AD.
Applicability: Model British Aerospace BAe 146-100A, -200A, -
300A and Model Avro 146-RJ70A, -RJ85A, and -RJ100A airplanes;
equipped with Air Cruisers Company evacuation slides, as listed in
British Aerospace Service Bulletin S.B. 25-328, Revision 2, dated
July 10, 1993; 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 (c) 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 failure of the evacuation slide to deploy
automatically, which necessitates the flight crew to manually deploy
the slide and subsequently could delay or impede the evacuation of
passengers during an emergency, accomplish the following:
(a) Within 3 months after the effective date of this AD, perform
an inspection to verify proper deployment of the evacuation slide at
each door position, in accordance with British Aerospace Service
Bulletin S.B. 25-328, Revision 2, dated July 10, 1993.
(1) If the slide deploys properly, repeat the inspection
thereafter at intervals not to exceed 6 months.
(2) If any slide fails to deploy properly, prior to further
flight, conduct the actions specified in paragraphs 2.A.3 through
2.A.6 of the Accomplishment Instructions of the service bulletin.
(b) Within 8 months after the effective date of this AD, modify
the inflation valves of the evacuation slide, in accordance with Air
Cruisers Company Service Bulletin S.B. 201-25-17, dated June 4,
1992. Accomplishment of this modification constitutes terminating
action for the repetitive inspection requirements of this AD.
(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, 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 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(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.
(e) The modification shall be done in accordance with Air
Cruisers Company Service Bulletin S.B. 201-25-17, dated June 4,
1992. The inspection shall be done in accordance with British
Aerospace Service [[Page 27018]] Bulletin S.B. 25-328, Revision 2,
dated July 10, 1993, which contains the following list of effective
pages:
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Revision
level
Page No. shown on Date shown on page
page
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1..................................... 2......... July 10, 1993.
2..................................... 1......... Sept. 24, 1992.
3,4................................... Original.. Aug. 21, 1992.
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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 Holding,
Inc., Avro International Aerospace Division, P.O. Box 16039, Dulles
International Airport, Washington DC 20041-6039. 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.
(f) This amendment becomes effective on June 21, 1995.
Issued in Renton, Washington, on May 9, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-11905 Filed 5-19-95; 8:45 am]
BILLING CODE 4910-13-U
