[Federal Register Volume 62, Number 6 (Thursday, January 9, 1997)]
[Rules and Regulations]
[Pages 1275-1277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-365]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-51-AD; Amendment 39-9878; AD 97-01-07]
RIN 2120-AA64


Airworthiness Directives; British Aerospace Model BAe 146 and 
Avro 146-RJ Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all British Aerospace Model BAe 146 and Avro 146-RJ 
series airplanes, that requires modification of the left and right 
elevators, and replacement of the elevator spring with a stiffer 
spring. This amendment is prompted by reports indicating that water and 
ice have accumulated at the trailing edge of the left and right 
elevators; this accumulation can cause

[[Page 1276]]

the elevators to become unbalanced, and oscillate or flutter. The 
actions specified by this AD are intended to prevent this oscillation 
or flutter. Elevator oscillation, if not corrected, could result in 
reduced controllability of the airplane. Elevator flutter, if not 
corrected, could couple with the natural vibrations of the airplane, 
and result in loss of the airplane's structural integrity.

DATES: Effective February 13, 1997.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 13, 1997.

ADDRESSES: The service information referenced in this AD may be 
obtained from British Aerospace Regional Aircraft Limited, Avro 
International Aerospace Division, Customer Support, Woodford Aerodrome, 
Woodford, Cheshire SK7 1QR, England. 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 INFORMATION CONTACT: Tim Backman, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 
227-2797; fax (206) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to all British Aerospace Model BAe 
146 and Avro 146-RJ series airplanes was published in the Federal 
Register on October 18, 1996 (61 FR 54362). That action proposed to 
require modification of the left and right elevators by installation of 
mass balance weights at the leading edge of the horn, forward of the 
hinge line; and replacement of the elevator spring with a stiffer 
spring.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

    The FAA has determined that air safety and the public interest 
require the adoption of the rule as proposed.

Cost Impact

    The FAA estimates that 52 British Aerospace Model BAe 146 and Avro 
146-RJ series airplanes of U.S. registry will be affected by this AD, 
that it will take approximately 12 work hours per airplane to 
accomplish the required actions, and that the average labor rate is $60 
per work hour. Required parts will cost approximately $700 per 
airplane. Based on these figures, the cost impact of the AD on U.S. 
operators is estimated to be $73,840, or $1,420 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the 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 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 (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); 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 
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 U.S.C. 106(g), 40113, 44701.


Sec. 39.13--[Amended]

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

97-01-07 British Aerospace Regional Aircraft Limited, AVRO 
International Aerospace Division (Formerly British Aerospace, plc; 
British Aerospace Commercial Aircraft Limited): Amendment 39-9878. 
Docket 96-NM-51-AD.

    Applicability: All Model BAe 146 and Avro 146-RJ series 
airplanes, certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 (c) 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 prevent the left and right elevators from oscillating or 
fluttering, which could result in either reduced controllability of the 
airplane, or loss of the airplane's structural integrity, accomplish 
the following:
    (a) Within 12 months after the effective date of this AD, 
accomplish the requirements of paragraphs (a)(1) and (a)(2) of this 
AD.
    (1) Modify the left and right elevators by installing mass 
balance weights at the leading edge of the horn, forward of the 
elevator hinge line, in accordance with British Aerospace Service 
Bulletin SB.55-014-01510A, dated December 15, 1995. And
    (2) Replace the left and right elevator spring with a stiffer 
spring, in accordance with British Aerospace Service Bulletin SB.27-
150-01510B, dated December 15, 1995.
    (b) As of 12 months after the effective date of this AD, no 
person shall install on any airplane an elevator that has not been 
modified in accordance with paragraph (a) of 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, 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 2: 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

[[Page 1277]]

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 modification and replacement shall be done in accordance 
with British Aerospace Service Bulletin SB.55-014-01510A, dated 
December 15, 1995; and British Aerospace Service Bulletin SB.27-150-
01510B, dated December 15, 1995. 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 Regional Aircraft Limited, Avro International 
Aerospace Division, Customer Support, Woodford Aerodrome, Woodford, 
Cheshire SK7 1QR, England. 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 February 13, 1997.

    Issued in Renton, Washington, on January 2, 1997.
S. R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-365 Filed 1-8-97; 8:45 am]
BILLING CODE 4910-13-U