[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] ======================================================================= ----------------------------------------------------------------------- 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). ----------------------------------------------------------------------- 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: ------------------------------------------------------------------------ Model Constructors Nos. ------------------------------------------------------------------------ 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. ------------------------------------------------------------------------ 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