[Federal Register Volume 63, Number 156 (Thursday, August 13, 1998)]
[Proposed Rules]
[Pages 43331-43333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21659]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-214-AD]
RIN 2120-AA64
Airworthiness Directives; British Aerospace Model BAe 146-100A, -
200A, and -300A Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
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 series airplanes. This proposal would
require either a one-time non-destructive test (NDT) or a visual
inspection for cracking of the fuselage skin in the vicinity of frame
29 between stringers 12 and 13, and repair, if necessary. 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 fatigue
cracking of the fuselage skin in the specified area, which could result
in reduced structural integrity of the airplane.
DATES: Comments must be received by September 14, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 98-NM-214-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 98-NM-214-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. 98-NM-214-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 series airplanes. The CAA advises that it has received
reports that, during routine inspections, fatigue cracking was found in
the vicinity of frame 29 between stringers 12 and 13 of the fuselage
skin. The exact cause of the cracking in this area has not yet been
determined. Such fatigue cracking, if not corrected, could result in
reduced structural integrity of the airplane.
Explanation of Relevant Service Information
The manufacturer has issued British Aerospace Service Bulletin
SB.53-144, dated April 27, 1998, which describes procedures for
performing either a one-time non-destructive test (NDT) or a visual
inspection for cracking of the fuselage skin in the vicinity of frame
29 between stringers 12 and 13, and repair, if necessary. The CAA
classified this service bulletin as mandatory and issued British
airworthiness directive 005-04-98 in order to assure the continued
airworthiness of these airplanes in the United Kingdom.
FAA's Conclusions
This airplane model is manufactured in the United Kingdom and is
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
[[Page 43332]]
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.
Interim Action
This is considered to be interim action until final action is
identified, at which time the FAA may consider further rulemaking.
Differences Between Proposed Rule and Service Bulletin
Operators should note that, although the service bulletin specifies
that the manufacturer may be contacted for disposition of cracking
conditions, this proposal would require the repair of those conditions
to be accomplished in accordance with a method approved by either the
FAA, or the CAA (or its delegated agent). In light of the type of
repair that would be required to address the identified unsafe
condition, and in consonance with existing bilateral airworthiness
agreements, the FAA has determined that, for this proposed AD, a repair
approved by either the FAA or the CAA would be acceptable for
compliance with this proposed AD.
Operators should further note that the service bulletin recommends
accomplishing the inspection prior to reaching a certain threshold, or
within a specified grace period, ``whichever occurs earliest.''
However, this proposed AD would specify that the actions would be
required to be accomplished at the later of these two times to prevent
unnecessary grounding of airplanes.
Cost Impact
The FAA estimates that 23 airplanes of U.S. registry would be
affected by this proposed AD.
For operators that elect to accomplish the proposed visual
inspection rather than the non-destructive test, it would take
approximately 6 work hours per airplane to accomplish it, at an average
labor rate of $60 per work hour. Based on these figures, the cost
impact of the proposed visual inspection on U.S. operators is estimated
to be $360 per airplane.
For operators that elect to accomplish the proposed non-destructive
test rather than the visual inspection, it would take approximately 8
work hours per airplane to accomplish it, at an average labor rate of
$60 per work hour. Based on these figures, the cost impact of the
proposed non-destructive test 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.
Regulatory Impact
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. 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 (Formerly British Aerospace
Regional Aircraft Limited, Avro International Aerospace Division;
British Aerospace, PLC; British Aerospace Commercial Aircraft
Limited): Docket 98-NM-214-AD.
Applicability: Model BAe 146-100A, -200A, and -300A series
airplanes, as listed in British Aerospace Service Bulletin SB.53-
144, dated April 27, 1998; 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 (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 detect and correct fatigue cracking of the fuselage skin in
the vicinity of frame 29 between stringers 12 and 13, which could
result in reduced structural integrity of the airplane, accomplish
the following:
(a) Perform either a one-time non-destructive test (NDT) or a
one-time detailed visual inspection for cracking of the fuselage
skin in the vicinity of frame 29 between stringers 12 and 13, in
accordance with British Aerospace Service Bulletin SB.53-144, dated
April 27, 1998, at the time specified in paragraph (a)(1), (a)(2),
(a)(3), or (a)(4) of this AD, as appliciable.
(1) For airplanes identified in paragraph 1.D.(1)(a) of the
service bulletin: Inspect prior to the accumulation of 12,000 total
flight cycles, or within 1,000 flight cycles after the effective
date of this AD, whichever occurs later.
(2) For airplanes identified in paragraph 1.D.(1)(b) of the
service bulletin: Inspect prior to the accumulation of 16,000 total
flight cycles, or within 1,200 flight cycles after the effective
date of this AD, whichever occurs later.
(3) For airplanes identified in paragraph 1.D.(1)(c) of the
service bulletin: Inspect prior to the accumulation of 13,500 total
flight cycles, or within 1,000 flight cycles after the effective
date of this AD, whichever occurs later.
(4) For airplanes identified in paragraph 1.D.(1)(d) of the
service bulletin: Inspect prior to the accumulation of 22,000 total
flight cycles, or within 1,400 flight cycles after the effective
date of this AD, whichever occurs later.
[[Page 43333]]
(b) If no cracking is detected during the inspection required by
paragraph (a) of this AD, no further action is required by this AD.
(c) If any cracking is detected during the inspection required
by paragraph (a) of this AD, prior to further flight, repair in
accordance with a method approved by either the Manager,
International Branch, ANM-116, FAA, Transport Airplane Directorate;
or the Civil Aviation Authority (or its delegated agent).
(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 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.
(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.
Note 3: The subject of this AD is addressed in British
airworthiness directive 005-04-98.
Issued in Renton, Washington, on August 6, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-21659 Filed 8-12-98 8:45 am]
BILLING CODE 4910-13-U