[Federal Register Volume 60, Number 80 (Wednesday, April 26, 1995)]
[Proposed Rules]
[Pages 20461-20463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10202]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 94-NM-161-D]


Airworthiness Directives; British Aerospace BAC 1-11-200 and -400 
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 all British Aerospace BAC 1-11-200 
and -400 series airplanes. This proposal would require repetitive 
radiographic inspections to detect corrosion of the center torque shaft 
of the wing spoiler, and replacement, if necessary. This proposal is 
prompted by a report of the wing spoiler failing to retract fully after 
deployment, which caused the wing to drop significantly. Subsequent 
investigation revealed that the torque shaft assembly of the wing 
spoiler had failed, due to severe corrosion. The actions specified by 
the proposed AD are intended to prevent such failures, which can result 
in an adverse effect on controllability of the airplane.

DATES: Comments must be received by May 5, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 94-NM-161-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 British Aerospace, Airbus Limited, P.O. Box 77, Bristol 
BS99 7AR, England. This information may be examined at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: William Schroeder, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 
227-2148; fax (206) 227-1320.

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 94-NM-161-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-103, Attention: Rules 
Docket No. 94-NM-161-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.
[[Page 20462]]

Discussion

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom, recently notified the FAA that an 
unsafe condition may exist on all British Aerospace Model BAC 1-11-200 
and -400 series airplanes. The CAA advises that it has received a 
report of a failure of a wing spoiler on one airplane to retract fully 
after deployment. This failure caused the airplane wing to drop 
significantly. Subsequent investigation revealed that the center torque 
shaft of the wing spoiler had failed due to severe corrosion present on 
the internal surface of the shaft assembly. Such corrosion, if not 
detected and corrected in a timely manner, could cause the torque shaft 
to fail and, consequently, cause the airplane wing to drop 
significantly; this would result in an adverse effect on 
controllability of the airplane.
    British Aerospace has issued Alert Service Bulletin 27-A-PM6007, 
Issue 1, dated April 10, 1992, which describes procedures for 
accomplishing repetitive radiographic inspections for corrosion of the 
center torque shaft of the spoiler on the left and right wing, and 
replacement of the shaft assembly, if necessary. The CAA classified 
this service bulletin as mandatory in order to assure the continued 
airworthiness of these airplanes in the United Kingdom.
    This airplane model is manufactured in the United Kingdom and is 
type certificated for operation in the United States under the 
provisions of Sec. 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.
    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 
repetitive radiographic inspections to detect corrosion of the center 
torque shaft of the wing spoiler, and replacement of the torque shaft 
assembly, if necessary. The actions would be required to be 
accomplished in accordance with the service bulletin described 
previously.
    As a result of recent communications with the Air Transport 
Association (ATA) of America, the FAA has learned that, in general, 
some operators may misunderstand the legal effect of AD's on airplanes 
that are identified in the applicability provision of the AD, but that 
have been altered or repaired in the area addressed by the AD. The FAA 
points out that all airplanes identified in the applicability provision 
of an AD are legally subject to the AD. If an airplane has been altered 
or repaired in the affected area in such a way as to affect compliance 
with the AD, the owner or operator is required to obtain FAA approval 
for an alternative method of compliance with the AD, in accordance with 
the paragraph of each AD that provides for such approvals. A note has 
been included in this notice to clarify this requirement.
    The FAA estimates that 31 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 40 work 
hours per airplane to accomplish the proposed actions, and that the 
average labor rate is $60 per work hour. Based on these figures, the 
total cost impact of the proposed AD on U.S. operators is estimated to 
be $74,400, or $2,400 per airplane, per inspection cycle.
    Should an operator be required to accomplish the replacement of the 
torque shaft assembly, it would take approximately 40 work hours per 
airplane to accomplish, at an average labor rate of $60 per work hour. 
Required parts will cost approximately $2,950 per airplane. Based on 
these figures, the total cost impact of any necessary replacement 
action is estimated to be $5,350 per airplane.
    The total 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.
    The regulations proposed herein would 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 
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. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.


Sec. 39.13  [Amended]

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

British Aerospace Airbus Limited (Formerly British Aerospace 
Commercial Aircraft Limited, British Aerospace Aircraft Group): 
Docket 94-NM-161-AD.

    Applicability: All Model BAC 1-11-200 and -400 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 
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 use the authority 
provided in paragraph (d) to request approval from the FAA. This 
approval may address either no action, if the current configuration 
eliminates the unsafe condition; or different actions necessary to 
address the unsafe condition described in this AD. Such a request 
should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any airplane from the applicability of this AD.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the center torque shaft of the spoiler on 
the left and right wing, accomplish the following:
    (a) Perform a radiographic inspection to detect internal 
corrosion of the center torque shaft on the left and right wing 
spoilers, in accordance with the Accomplishment Instructions of 
British Aerospace BAC 1-11 [[Page 20463]] Alert Service Bulletin 27-
A-PM6007, Issue 1, dated April 10, 1992, at the time specified in 
paragraph (a)(1) or (a)(2) of this AD, as applicable. If the date of 
installation of a center torque shaft cannot be determined, the 
radiographic inspection of that shaft must be accomplished within 9 
months after the effective date of this AD.
    (1) For the center torque shaft on the left wing spoiler: 
Inspect within 10 years after the date of installation of that 
center torque shaft, or within 9 months after the effective date of 
this AD, whichever occurs later.
    (2) For the center torque shaft on the right wing spoiler: 
Inspect within 10 years after the date of installation of that 
center torque shaft, or within 9 months after the effective date of 
this AD, whichever occurs later.
    (b) If no internal corrosion is detected, repeat the 
radiographic inspection required by paragraph (a) of this AD 
thereafter at intervals not to exceed 4 years.
    (c) If any internal surface corrosion is detected, prior to 
further flight, replace that shaft assembly with either a used 
serviceable assembly or a new assembly, in accordance with British 
Aerospace Alert Service Bulletin 27-A-PM6007, Issue 1, dated April 
10, 1992. Perform the radiographic inspection in accordance with 
that service bulletin at the applicable time specified in paragraph 
(c)(1) or (c)(2) of this AD.
    (1) If a new shaft assembly is installed: Perform the inspection 
within 10 years after installation. Thereafter, repeat the 
inspection at intervals not to exceed 4 years.
    (2) If a used serviceable shaft is installed: Prior to 
installation, perform an initial radiographic inspection of that 
shaft in accordance with the service bulletin. Thereafter, repeat 
the inspection at intervals not to exceed 4 years.
    (d) 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, 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.

    (e) Special flight permits may be issued in accordance with 
Secs. 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.

    Issued in Renton, Washington, on April 20, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-10202 Filed 4-25-95; 8:45 am]
BILLING CODE 4910-13-U