[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]


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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).

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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.                     
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    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