[Federal Register Volume 60, Number 166 (Monday, August 28, 1995)]
[Rules and Regulations]
[Pages 44417-44419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20629]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 95-NM-135-AD; Amendment 39-9343; AD 95-17-13]
Airworthiness Directives; British Aerospace Model BAe 146 and
Model Avro 146-RJ 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) that
is applicable to certain British Aerospace Model BAe 146 and Model Avro
146-RJ airplanes. This action requires modification of the left- and
right-hand elevators to improve water drainage. This amendment is
prompted by reports that elevator oscillations and resultant airplane
pitch oscillations have occurred due to the elevator balance changes as
a result of accumulation of water in the elevators. The actions
specified in this AD are intended to minimize accumulation of water in
the elevators, which could lead to elevator and airplane pitch
oscillations with a subsequent reduction of controllability of the
airplane and damage to the tail surface structure.
DATES: Effective September 12, 1995.
-The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of September 12, 1995.
-Comments for inclusion in the Rules Docket must be received on or
before October 27, 1995.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 95-NM-135-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056.
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. 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: 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) 227-1149.
SUPPLEMENTARY INFORMATION: 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 certain British Aerospace
Model BAe 146 and Model Avro 146-RJ airplanes. The CAA advises that it
received several reports indicating that elevator oscillations have
occurred, which resulted in airplane pitch oscillations. Investigation
revealed that, when the airplane had completed steep climb maneuvers,
water had accumulated in the left- and right-hand elevators.
Accumulation of water, if not corrected, may upset the balance of the
elevators, which could result in elevator oscillation and subsequent
airplane pitch oscillations; this condition could result in reduced
controllability of the airplane or damage to the tail surface
structure.
-British Aerospace Regional Aircraft Limited, Avro International
Division, has issued Service Bulletin SB.55-13-01490B, dated July 7,
1995, which describes procedures for modification of the left- and
right-hand elevators. The modification involves the following actions:
-1. Drilling, reaming, and deburring new drain holes in the
underside of the left- and right-elevators;
-2. Applying protective treatment to the left- and right-hand
elevators;
-3. Performing a visual inspection to determine if all of the seams
on the elevators are sealed, and resealing, if necessary; and
-4. Plugging (blanking off) certain existing drain holes with a
grommet (for certain airplanes).
-Accomplishment of this modification will improve the drainage of
water from the elevators and minimize the accumulation of water in the
elevators.
-The CAA classified the service bulletin as mandatory in order to
assure the continued airworthiness of these airplanes in the United
Kingdom.
-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 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, this AD is being issued to minimize accumulation
of water in the elevators, which could lead to elevator oscillations.
This AD requires modification of the left- and right-hand elevators
(Mod. No. HCMO1490B). The actions are required to be accomplished, in
part, in accordance with the service bulletin described previously.
-In addition, the FAA has received a recommendation from the CAA
that certain additional procedures be accomplished concurrent with the
modification. These procedures have been added to this AD.
This is considered to be interim action until final action is
identified, at which time the FAA may consider further rulemaking.
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
[[Page 44418]]
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 rule to clarify this long-standing requirement.
Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an 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.
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 95-NM-135-AD.'' The postcard will be date stamped and
returned to the commenter.
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.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If it is
determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, 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 USC 106(g), 40101, 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
95-17-13 British Aerospace Regional Aircraft Limited, AVRO
International Aerospace Division (Formerly British Aerospace, plc;
British Aerospace Commercial Aircraft Limited): Amendment 39-9343.
Docket 95-NM-135-AD.
Applicability: Model British Aerospace BAe 146 and Model Avro
146-RJ airplanes; as listed in British Aerospace Service Bulletin
SB.55-13-01490B, dated July 7, 1995; 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) of this AD 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.
Note 2: This AD references certain portions of a British
Aerospace service bulletin for applicability and modification
information. In addition, this AD specifies further detailed
instructions, and in certain cases, specifies that a different
sealant be used. Where there are differences between the AD and the
service bulletin, the AD prevails.
To minimize accumulation of water in the elevators, which could
lead to elevator and airplane pitch oscillations with a subsequent
reduction of controllability of the airplane and tail surface
structural damage.
(a) Within 30 days after the effective date of this AD,
accomplish paragraphs (a)(1) and (a)(2) of this AD, as applicable.
(1) For all airplanes: Accomplish the following requirements of
paragraph (a)(1)(i), (a)(2)(ii), (a)(3)(iii) of this AD:
(i) Drill, ream, and deburr new drain holes in the left- and
right-elevators in accordance with British Aerospace Service
Bulletin SB.55-13-01490B, dated July 7, 1995. The following
procedures shall be accomplished in addition to procedures specified
in the service bulletin. Identify the drain hole positions to be
added in accordance with Drawing No. 1 of the service bulletin.
Where drain holes already exist in the same rib bay within a
distance of 2 inches of the new drain hole position defined in the
service bulletin, no additional drain holes shall be added. Drawing
No. 1 of the service bulletin shows the required number and bay
locations of drain holes after the accomplishment of this paragraph.
No drain holes other than those specified in drawing No. 1 shall be
added.
(ii) Apply protective treatment in the areas of the new drain
holes in the left- and right-hand elevators in accordance with the
service bulletin.
(iii) Perform a visual inspection to determine if all of the
seams on the elevator are sealed as specified in Drawing No. 5 of
the service bulletin. Accomplish the inspection in accordance with
the service bulletin.
(A) If all the seams of the elevators are sealed, as specified
in Drawing No. 5 of the service bulletin, no further action is
required by this paragraph.
(B) If any seam is not sealed, as specified in Drawing No. 5 of
the service bulletin, prior
[[Page 44419]]
to further flight, seal the seam in accordance with the procedures
specified in the service bulletin. Only Thiokol sealant PR-1431 Type
1, PR-1431 Type 2, PR-1431-T, PR-1431-T6, PR-1422B-2NA, or PR-1422B-
4NA shall be used to seal the seam.
(2) For airplanes on which Modification HCM00912A has been
accomplished: At the positions shown in Drawing No. 4 of the service
bulletin, plug (blank off) the drain holes with a grommet, fill the
inside of each grommet with sealant, and insert it into the drain
hole to be plugged, in accordance with the procedures specified in
the service bulletin. Only Thiokol sealant PR-1431 Type 1, PR-1431
Type 2, PR-1431-T, PR-1431-T6, PR-1422B-2NA or PR-1422B-4NA shall be
used to fill the inside of each grommet.
(b) As of the effective date of this AD, no person shall install
any elevator on any airplane affected by this AD unless that
elevator has been modified in accordance with 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 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.
(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 actions shall be done in accordance with British
Aerospace Service Bulletin SB.55-13-01490B, dated July 7, 1995,
where specified. 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 September 12, 1995.
Issued in Renton, Washington, on August 15, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-20629 Filed 8-25-95; 8:45 am]
BILLING CODE 4910-13-U
