58 FR 6081~01

58 FR 6081-01, 1993 WL 13198 (F.R.)

(Cite as: 58 FR 6081)

RULES and REGULATIONS

DEPARTMENT OF TRANSPORTATION

14 CFR Part 39

(Docket No. 92-NM-56-AD; Amendment 39-8465; AD 93-01-11)

Page I

Airworthiness Directives; British Aerospace Model BAe 146-100A, -200A, and ~

300A Series Airplanes

Tuesday, January 26, 1993

*6081 AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

SUW~~Y: This amendment adopts a new airworthiness directive (AD), applicable to

all British Aerospace Model BAe 146-100A, -200A, and -300A series airplanes, that

requires repetitive X-ray inspections to detect cracks in the left and right wing

upper skins, joint straps, and stringers, and repair of any cracks found. This

amendment is prompted by results of wing fatigue tests, which indicate the

possibility of cracking in both the left and right wing upper skin panels beneath

the upper center line butt strap. Fatigue cracking in these areas, if not detected

and corrected, could result in reduced structural integrity of the wings.

DATES: Effective March 2, 1993.

The incorporation by reference of certain publications listed in the regulations

is approved by the Director of the Federal Register as of March 2, 1993.

AdDRESSES: The service information referenced in this AD may be obtained from

British Aerospace, PLC, Librarian for Service Bulletins, P.O. Box l7414, *6082

Dulles International Airport, washington, DC 20041-0414. 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 INFO~~TION CONTACT: Mr. William Schroeder, Aerospace Engineer,

Standardization Branch, AlJM-113, FAA, Transport Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington 98055-4056; telephone (206) 227-2l48; fax (206)

227-1320.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal Aviation

Regulations to include an airworthiness directive (AD) that is applicable to all
58 FR 6081-01

58 FR 6081-01,1993 WL 13198 (F.R.)

(Cite as: 58 f'R 6081)

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British Aerospace Model BAe 146-100A, -200A, and -300A series airplanes was

published in the Federal Register on June 5, 1992 (57 FR 23971). That action

proposed to require repetitive X-ray inspections to detect cracks in the left and

right wing upper skins, joint straps, and stringers, and repair of any cracks

found.

Interested persons

of this amendment.

have been afforded an opportunity to participate

Due consideration has been given to the comments

in the making

received.

One commenter supports the proposed rule.

A second commenter agrees that the inspections proposed in the AD are necessary.

However, the commenter suggests that the appropriate method for requiring such

inspections is through the use of Certification Maintenance Requirements (CMR)

items that are contained in the existing "FAA-approved" Maintenance Review Board

(MRB) Report. The commenter notes that since CMR items are contained in the MRB

Report, that Report cannot be used for its intended purpose, which is to allow an

operator to develop a maintenance program and administer that program in

conjunction with an approved reliability program. The commenter considers that

since the placement of CMR items in the MRB Repor~ ties the operator to the MRB

Report for as long as the operator uses that aircraft type, accountability for CMR

items could be established through existing program management procedures. In

addition, the commenter remarks that since the FAA accepts the use of CMR items, it

has set a precedent for continued use of these items. The commenter implies that

since the inspections required by British Aerospace Inspection Service Bulletin 57-

41, dated July 26, 1991, which is the subject of this AD, will become part of the

MRB Report, issuance of an AD would be redundant and would necessitate increased

tracking and documentation requirements for the operator.

The F~A does not concur. CMR items are intended to be repetitive inspections or

component replacements for equipment, systems, and installations. Accomplishment

of these CMR items would ensure that the statistical probability of certain

failures that could occur during operation of the airplane does not exceed the

limitations specified in § 25.1309 of the Federal Aviation Regulations (FAR), which

is applicable to the design and approval of transport category airplanes.

These CMR items are based on statistical safety analyses of airplane electrical,

electronic, hydraulic, pressurization, and propulsion systems. These analyses must

be completed and approved by the FAA prior to its issuance of an airplane Type

Certificate (TC). Following issuance of the TC, those inspections, component

replacements, or overhaul interval requirements for airplane systems that are based

on in-service experience ~lith the airplane, but that do not result in re-evaluation

of the basic statistical analysis on which approval of the system is based, do not

qualify as CMR items.

The inspection proposed in this notice is not related to compliance of the

airplane design with the statistical evaluation requirements of Section 25.1309 for

equipment, systems, and installations. For this reason, the proposed inspection

does not qualify as a CMR item. Therefore, the FAA considers issuance of an AD

necessary in this instance, since AD's are the means by which accomplishment of

procedures and adherence to specific compliance times are made mandatory.
58 FR 6081-OJ

58 FR6081-01, 1993 WL 13198 (F.R.)

(Cite as: 58 .FR 6081)

After careful review of the available

the FAA has determined that air safety

of the rule as proposed.

Page 3

data, including the comments noted above,

and the public interest require the adoption

The FAA estimates that 74 airplanes of U.S. registry will be affected by this AD,

that it will take approximately 4 work hours per airplane (excluding access and

reinstallation time) to accomplish the required actions, and that the average labor

rate is $55 per work hour. Based on these figures, the total cost impact of the AD

on u.s. operators is estimated to be $16,280 for each inspection cycle. This total

cost figure assumes that no operator has yet accomplished the requirements of this

AD.

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 (I) is not a "major

rule" under Executive Order 12291; (2) is not a "significant rule" under DOT

Regulatory Policies and Procedures (44 FR 11034, February 26, 1979) i 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 ".A..DDRESSE8.

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 14 CFR part 39 of the Federal Aviation

Regulations as follows:

PART 39--AIRWORTHINESS DIRECTIVES

1. The authority citation for part 39 continues to read as follows:

.J:l..uthority: 49 U.S.C:J>'pp. 1354(&, 1421 and 142~; .'!,2.,,",U.S.C.:..-!96JgL; and 14 CFR __

11.89.

14 CFR § 39.13

§ 39.13 (Amended)
58 FR 6081-01

58 FR 6081-01. 1993 WL 13198 (F-R.)

(Cite as: 58 FR6081)

14 CFR § 39.13

Page 4

2. Section 39.13 is amended by adding the following new airworthiness directive,

93~01-11. British Aerospace: Amendment 39-8465. Docket 92-NM-56-~~.

Applicability: All Model BAe 146-100A, -200A, and -300A series airplanes,

certificated in any category.

Compliance: Required as indicated, unless accomplished previously.

To prevent reduced structural integrity of the wings, accomplish the following:

,

(a) Prior to the accumulation of 24,000 landings, or within 60 days after the

effective date of this AD, whichever occurs later: Perform an X-ray inspection to

detect fatigue cracks in the left' and right wing upper skins, joint straps, and

stringers in the vicinity of *6083 rib "0," in accordance with British Aerospace

Inspection Service Bulletin 57-41, dated July 26, 1991.

(1) If cracks are found, prior to further flight, repair in accordance with a

method approved by the Manager, Standardization Branch, ANM-113, FPA, Transport

Airplane Directorate. Thereafter, repeat the inspection required by paragraph (a)

of this AD at intervals not to exceed 9,000 landings, in accordance with the

service bulletin.

(2) If no cracks are found, repeat the inspection required by paragraph (a) of

this AD at intervals not to exceed 9,000 landings, in accordance with the service

bulletin.

(b) 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, ~~-113.

Note; Information concerning the existence of approved ~lternative methods of

compliance with this AD, if any, may be obtained from the Standardization Branch,

ANM-113.

(c) special flight permits may be issued in accordance ~/ith FAR 21.197 and 21.199

to operate the airplane to a location where the requirements of this AD can be

accomplished.

(d) The inspections shall be done in accordance with British Aerospace Inspection

Service Bulletin 57-41, dated July 26, 1991. 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, PLC, Librarian

for Service Bulletins, P.O. Box 17414, Dulles International Airport, Washington, DC

20041-0414. copies may be inspected at the FAA, Transport Airplane Directorate,
58 FR 6081-01

58 FR 6081-01,1993 WI.. 13198 (F.R.)

(Cite as: S8 FR 6081)

Page 5

1601 Lind Avenue, SW., Renton, Washington; or at the Office of the Federal

Register, 800 North capitol Street, NW., suite 700, washington, DC.

(e) This amendment becomes effective on March 2, 1993.

Issued in Renton, Washington, on January 8, 1993.

N.H. Martenson,

Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.

(FR Doc. 93-1812 Filed 1-25-93; 8:45 am)

BILLING CODE 4910-13-U

58 FR 6081-01, 1993 WL 13198 (P.R.)

END OF DOCUMENT