[Federal Register Volume 60, Number 73 (Monday, April 17, 1995)]
[Proposed Rules]
[Pages 19179-19181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9347]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 94-NM-183-AD]


Airworthiness Directives; British Aerospace Model 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 supersedure of an existing 
airworthiness directive (AD), applicable to British Aerospace Model BAC 
1-11 200 and 400 series airplanes, that currently requires structural 
inspections and repairs or replacements, as necessary. This action 
would require additional inspections of certain Structural Significant 
Items (SSI) and expansion of the inspection area for certain other 
SSI's. This proposal is prompted by the results of a structural 
integrity audit, which indicated that in order to maintain the 
structural integrity of these airplanes as they approach or exceed the 
manufacturer's original fatigue design life goal, certain SSI's need to 
be inspected. The actions specified by the proposed AD are intended to 
ensure continuing structural integrity of these airplanes.

DATES: Comments must be received by May 26, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 94-NM-183-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-183-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-03, Attention: Rules 
Docket No. 94-NM-183-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On September 16, 1988, the FAA issued AD 87-24-06 R1, amendment 39-
6037 (53 FR 37993, September 29, 1988), applicable to British Aerospace 
Model BAC 1-11 200 and 400 series airplanes. That AD requires 
structural inspections and repairs or replacements, as necessary, in 
order to ensure the continuing airworthiness of these airplanes as they 
approach or exceed the manufacturer's original fatigue design life 
goal. That action was prompted by a structural re-evaluation, which 
identified certain structurally significant items (SSI) in which 
undetected fatigue cracks could propagate and compromise the structural 
integrity of these airplanes. The requirements of that AD are intended 
to ensure continuing structural integrity of these airplanes.
    Since the issuance of that AD, British Aerospace has conducted a 
structural integrity audit to assess the structural inspection program 
of Model BAC 1-11 200 and 400 series airplanes. The results of this 
audit indicated that, in order to maintain the structural integrity of 
these airplanes as they approach or exceed 85,000 landings (the 
manufacturer's original fatigue design life goal), certain additional 
SSI's need to be inspected and the inspection area for certain other 
SSI's needs to be expanded.
    British Aerospace has issued BAC 1-11 Alert Service Bulletin 51-A-
PM5830, Issue 4, dated January 28, 1993. This revision of the alert 
service bulletin adds ten inspections of the doors to the structural 
inspection program. Some of these inspections merely expand the area of 
inspection for certain SSI's. Additionally, this revision of the alert 
service bulletin describes procedures for repair or replacement of 
cracked parts. Table 3 of the alert service bulletin specifies life 
limits for certain components in the engine mount/attachment structure 
of certain airplanes. The Civil Aviation Authority (CAA), which is the 
airworthiness authority for the United Kingdom, has classified this 
revision of the alert service bulletin as mandatory.
    This airplane model is manufactured in the United Kingdom and is 
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.
    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 supersede AD 87-24-06 R1 to 
require a revision of the FAA-approved maintenance inspection program 
to [[Page 19180]] include additional structural inspections of certain 
SSI's, expansion of the inspection area for certain other SSI's, and 
repair or replacement of cracked parts; and establishes a life limit 
for the engine mount/attachment structure on certain airplanes. The 
actions would be required to be accomplished in accordance with the 
alert service bulletin described previously.
    However, certain inspections and repairs specified in the alert 
service bulletin have been excluded from the requirements of this 
proposal. Those inspections and repairs have been identified in the 
alert service bulletin as Maintenance Planning Guide (MPG), Reference 
Numbers 52-10-6R and 53-10-2R. The actions specified in MPG 52-10-6R 
are currently required by AD 87-21-06, amendment 39-5744 (52 FR 38396, 
October 16, 1987), and those in MPG 53-10-29R will be addressed in a 
separate rulemaking action.
    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 long-standing requirement.
    The FAA estimates that 31 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 158 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 $293,880, or $9,480 per airplane, per inspection cycle.
    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.


39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-6037 (53 FR 
37993, September 29, 1988), and by adding a new airworthiness directive 
(AD), to read as follows:

British Aerospace Airbus Limited (Formerly British Aerospace 
Commercial Aircraft Limited, British Aerospace Aircraft Group): 
Docket 94-NM-183-AD. Supersedes AD 87-24-06 R1, Amendment 39-6037.

    Applicability: 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 (f) 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 ensure continuing structural integrity of the airplane, 
accomplish the following:
    (a) Within 6 months after November 3, 1988 (the effective date 
of AD 87-4-06 R1, amendment 39-6037), incorporate a revision into 
the FAA-approved maintenance inspection program which requires 
inspections, repairs, and replacements, as necessary, in accordance 
with Tables 1, 2, and 3 of British Aerospace BAC 1-11 Alert Service 
Bulletin 51-A-PM5830, Issue 3, dated March 19, 1987. The revision to 
the maintenance inspection program must include procedures to notify 
the manufacturer when Structural Significant Items are found cracked 
or otherwise significantly deteriorated. Information collection 
requirements contained in this regulation have been approved by the 
Office of Management and Budget (OMB) under the provisions of the 
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and have 
been assigned OMB Control Number 2120-0056. The inspection 
thresholds, repetitive intervals and inspection techniques are 
listed in the alert service bulletin.
    (b) Within 6 months after the effective date of this AD, replace 
the revision of the FAA-approved maintenance inspection program 
required by paragraph (a) of this AD, with a revision which requires 
inspections, repairs, and replacements, as necessary, in accordance 
with Tables, 1 (except Maintenance Planning Guide Reference Numbers 
52-10-6R and 53-10-29R), 2, and 3 of British Aerospace BAC 1-11 
Alert Service Bulletin 51-A-PM5830, Issue 4, dated January 28, 1993. 
The revision to the maintenance inspection program must include 
procedures to notify the manufacturer when Structural Significant 
Items are found cracked or otherwise significantly deteriorated. 
Information collection requirements contained in this regulation 
have been approved by the Office of Management and Budget (OMB) 
under the provisions of the Paperwork Reduction Act of 1980 (44 
U.S.C. 3501 et seq.) and have been assigned OMB Control Number 2120-
0056. The inspection thresholds, repetitive intervals and inspection 
techniques are listed in the alert service bulletin.

    Note 2: Maintenance Planning Guide (MPG) Reference Numbers 52-
10-6R and 53-10-29R, listed in Table 1 of British Aerospace BAC 1-11 
Alert Service Bulletin 51-A-PM5830, Issue 4, dated January 28, 1993, 
are excluded from the requirements of this AD for the following 
reasons:

                                                                        
[[Page 19181]]
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  MPG reference                                                         
       No.                                Reason                        
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52-10-6R-.......  Required by AD 87-21-06, amendment 39-5744.           
53-10-29R-......  Will be addressed in a separate rulemaking action.    
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  (c) Within one year after November 3, 1988 (the effective date 
of AD 87-24-06 R1, amendment 39-6037), or prior to the accumulation 
of the number of landings listed in the landing threshold indicated 
in British Aerospace BAC 1-11 Alert Service Bulletin 51-A-PM5830, 
Issue 3, dated March 19, 1987, whichever occurs later, and 
thereafter, at intervals not to exceed the number of landings 
specified in the alert service bulletin, accomplish the inspections, 
repairs, and replacements, as necessary, of the Structural 
Significant Items identified in Tables 1, 2, and 3 of that service 
bulletin.
    (d) Within one year after the effective date of this AD, or 
prior to the accumulation of the number of landings listed in the 
landing threshold indicated in British Aerospace BAC 1-11 Alert 
Service Bulletin 51-A-PM5830, Issue 4, dated January 28, 1993, 
whichever occurs later, and thereafter, at intervals not to exceed 
the number of landings specified in the alert service bulletin, 
accomplish the inspections, repairs, and replacements, as necessary, 
of the Structural Significant Items identified in Tables 1 (except 
Maintenance Planning Guide Reference Numbers 52-10-6R and 53-10-
29R), 2, and 3 of the alert service bulletin.

    Note 3: For operators that have accomplished this inspection 
previously in accordance with the requirements of AD 87-24-06 R1, 
amendment 39-6037: This paragraph requires that the next scheduled 
inspection for that SSI be performed within the repetitive interval 
specified for that SSI in the alert service bulletin after the last 
inspection performed in accordance with the requirements of AD 87-
24-06 R1 for that SSI.

    (e) For any cracked structure detected during any inspection 
required by this AD, prior to further flight, accomplish paragraph 
(e)(1), (e)(2), or (e)(3) of this AD.
    (1) Replace the cracked part with a serviceable part of the same 
part number, in accordance with the Airplane Maintenance Manual. Or
    (2) Repair the cracked structure in accordance with the 
Structural Repair Manual, listed in the service bulletin. Or
    (3) Repair in accordance with a method approved by the Manager, 
Standardization Branch, ANM-113, FAA, Transport Airplane 
Directorate.
    (f) 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 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.

    (g) 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 11, 1995.
S.R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-9347 Filed 4-14-95; 8:45 am]
BILLING CODE 4910-13-U