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

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A99-32511

## Record

- **Collection:** Federal Register
- **Document type:** Proposed Rule
- **Published:** December 15, 1999
- **Citation:** 64 FR 69967

## Text

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-347-AD]
RIN 2120-AA64

Airworthiness Directives; British Aerospace Model BAe 146 and
Avro 146-RJ 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 Model BAe
146 and Avro 146-RJ series airplanes. This proposal would require a
one-time inspection to detect cracking or corrosion of the forward
attachment bolts of the engine pylon to wing interface, and corrective
action, if necessary. It would also require re-installation with re-
protected and sealed bolts torqued to a lower level. This proposal is
prompted by issuance of mandatory continuing airworthiness information
by a foreign civil airworthiness authority. The actions specified by
the proposed AD are intended to detect and correct corrosion or
cracking of the forward attachment bolts of the engine pylon to wing
interface, which could result in reduced structural integrity of the
engine pylon attachment.

DATES: Comments must be received by January 14, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 99-NM-347-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 Regional Aircraft American Support,
13850 Mclearen Road, Herndon, Virginia 20171. This information may be
examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue,
SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2110; fax (425) 227-1149.

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 99-NM-347-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-114, Attention: Rules
Docket No. 99-NM-347-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.

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 BAe 146 and
Avro 146-RJ series airplanes. The CAA advises that in-service airplanes
have suffered a total of eight failures of engine pylon to wing forward
attachment bolts, due to corrosion in the bolt head undercut. This
condition, if not corrected, could result in reduced structural
integrity of the engine pylon attachment.

Explanation of Relevant Service Information

British Aerospace has issued Service Bulletin SB.54-10, dated
September 16,

[[Page 69968]]

1999, which describes procedures for a one-time dye penetrant or
magnetic particle inspection to detect cracking, and a one-time
detailed visual inspection to detect corrosion, of the forward
attachment bolts of the engine pylon to wing interface. If any cracking
is found, the bolts are to be replaced with new parts. If any corrosion
is found, the bolts are to be cleaned or replaced with new parts,
depending on the location and severity of the corrosion. The service
bulletin also details re-installation with re-protected and sealed
bolts torqued to a lower level. Accomplishment of the actions specified
in the service bulletin is intended to adequately address the
identified unsafe condition. The CAA classified this service bulletin
as mandatory and issued British airworthiness directive 006-09-99 in
order to assure the continued airworthiness of these airplanes in the
United Kingdom.

FAA's Conclusions

These airplane models are manufactured in the United Kingdom and
are 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.

Explanation of Requirements of Proposed Rule

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
the actions specified in the service bulletin described previously.

Cost Impact

The FAA estimates that 35 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 20 work
hours (including removal and reinstallation of the engines) per
airplane to accomplish the proposed inspection, and that the average
labor rate is $60 per work hour. Based on these figures, the cost
impact of the proposed AD on U.S. operators is estimated to be $42,000,
or $1,200 per airplane.
The 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.

Regulatory Impact

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. 106(g), 40113, 44701.

Sec. 39.13 [Amended]

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

British Aerospace Regional Aircraft (Formerly British Aerospace
Regional Aircraft Limited, Avro International Aerospace Division;
British Aerospace, PLC; British Aerospace Commercial Aircraft
Limited): Docket 99-NM-347-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
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 (b) 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 detect and correct cracking or corrosion of the forward
attachment bolts of the engine pylon to wing interface, which could
result in reduced structural integrity of the engine pylon
attachment, accomplish the following:

Inspection and Corrective Action

(a) Within 4 years since date of manufacture, or within 2,000
flight cycles after the effective date of this AD, whichever occurs
later: Perform applicable inspections (dye penetrant, magnetic
particle, and detailed visual) to detect discrepancies (including
damage, cracking, and corrosion) of the forward attachment bolts of
the engine pylon to wing interface on each engine, in accordance
with British Aerospace Service Bulletin SB.54-10, dated September
16, 1999. If any discrepancy is detected, prior to further flight,
perform applicable corrective actions in accordance with the service
bulletin.
Note 2: For the purposes of this AD, a detailed visual
inspection is defined as: ``An intensive visual examination of a
specific structural area, system, installation, or assembly to
detect damage, failure, or irregularity. Available lighting is
normally supplemented with a direct source of good lighting at
intensity deemed appropriate by the inspector. Inspection aids such
as mirror, magnifying lenses, etc., may be used. Surface cleaning
and elaborate access procedures may be required.''

Alternative Methods of Compliance

(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, International Branch, ANM-116, FAA,
Transport Airplane Directorate. Operators

[[Page 69969]]

shall submit their requests through an appropriate FAA Principal
Maintenance Inspector, who may add comments and then send it to the
Manager, International Branch, ANM-116.

Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the International Branch, ANM-116.

Special Flight Permits

(c) Special flight permits may be issued in accordance with
sections 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.

Note 4: The subject of this AD is addressed in British
airworthiness directive 006-09-99.

Issued in Renton, Washington, on December 9, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-32511 Filed 12-14-99; 8:45 am]
BILLING CODE 4910-13-U

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A99-32511. Public record. Not legal advice.
