58FR6081~01

58FR6081-01, 1993WL13198(F.R.) (Citeas:58FR6081)

RULES andREGULATIONS DEPARTMENT OF TRANSPORTATION

14 CFR Part 39 (DocketNo. 92-NM-56-AD; Amendment 39-8465; AD 93-01-11) PageI

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 anew airworthiness directive (AD), applicable to all British Aerospace Model BAe 146-100A, -200A, and -300A series airplanes, that requires repetitive X-ray inspections todetect cracks in the left and right wing upper skins, joint straps, and stringers, and repair of any cracks found. This amendment isprompted by results of wing fatigue tests, which indicate the possibility of cracking inboth 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 inreduced structural integrity of thewings. 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: Aproposal to amend part 39 of the Federal Aviation Regulations to include an airworthiness directive (AD) that is applicable toall58FR6081-01

58FR6081-01,1993 WL13198(F.R.) (Citeas:58f'R6081) Page2

British Aerospace Model BAe 146-100A, -200A, and -300A series airplanes was published in the Federal Register onJune 5, 1992 (57FR 23971). That action proposed to require repetitive X-ray inspections todetect 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 anopportunity toparticipate Due consideration has been given to the comments in themaking 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 inthe MRB Report, that Report cannot be used for its intended purpose, which is to allow an operator todevelop amaintenance program and administer that program in conjunction with an approved reliability program. The commenter considers that since theplacement of CMR items in theMRB Repor~ ties the operator to theMRB 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 aprecedent for continued use of these items. The commenter implies that since the inspections required byBritish 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 anAD would be redundant and would necessitate increased tracking and documentation requirements for the operator. The F~Adoes 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 FAAprior 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 arebased on in-service experience ~liththe airplane, but that do not result inre-evaluation of the basic statistical analysis onwhich approval of the system isbased, donot qualify as CMR items. The inspection proposed in this notice isnot 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 aCMR item. Therefore, the FAA considers issuance of anAD necessary inthis instance, since AD's are the means by which accomplishment of procedures and adherence to specific compliance times are made mandatory.58FR6081-OJ

58FR6081-01, 1993WL13198(F.R.) (Citeas:58.FR6081)

After careful review of the available the FAAhas determined that air safety of the rule asproposed. Page3

data, including the comments noted above, and the public interest require the adoption

The FAA estimates that 74 airplanes ofU.S. registry will be affected by this AD, that itwill take approximately 4work hours per airplane (excluding access and reinstallation time) to accomplish the required actions, and that the average labor rate is $55per work hour. Based on these figures, the total cost impact of theAD onu.s. operators is estimated tobe $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 ofpower and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 12612, it isdetermined that this final rule does not have sufficient federalism implications towarrant thepreparation of aFederalism Assessment. For the reasons discussed above, Icertify that this action (I) isnot a "major rule" under Executive Order 12291; (2) isnot a "significant rule" under DOT Regulatory Policies and Procedures (44FR 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. Acopy of itmaybe 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 theAmendment Accordingly, pursuant to the authority delegated tome by the Administrator, the Federal Aviation Administration amends 14 CFRpart 39 of the Federal Aviation Regulations as follows: PART 39--AIRWORTHINESS DIRECTIVES 1. The authority citation forpart 39 continues to read as follows: .J:l..uthority:

49U.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)58FR6081-01

58FR6081-01. 1993WL13198(F-R.) (Citeas:58

### FR6081)

14 CFR § 39.13 Page4

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 inany category. Compliance: Required as indicated, unless accomplished previously. Toprevent reduced structural integrity of thewings, accomplish the following: 

# , (a) Prior to the accumulation of 24,000 landings, orwithin 60 days after the effective date of this AD, whichever occurs later: Perform anX-ray inspection to detect fatigue cracks inthe left'andright wing upper skins, joint straps, and stringers inthevicinity 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 inaccordance with a method approved by theManager, Standardization Branch, ANM-113, FPA, Transport Airplane Directorate. Thereafter, repeat the inspection required byparagraph (a) of this AD at intervals not toexceed 9,000 landings, in accordance with the service bulletin. (2) Ifno cracks are found, repeat the inspection required byparagraph (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 maybe 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 beobtained from the Standardization Branch, ANM-113. (c) special flight permits maybe issued in accordance ~/ithFAR 21.197 and 21.199 tooperate 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 byreference was approved by theDirector of the Federal Register in accordance with 5U.S.C. 552(a) and 1CFR 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,58FR6081-01

58FR6081-01,1993 WI..13198(F.R.) (Citeas:S8FR6081) Page5

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 onMarch 2, 1993. Issued inRenton, Washington, onJanuary 8, 1993. N.H. Martenson, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. (FRDoc. 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