AD 95-08-05

This amendment supersedes an existing airworthiness directive (AD), applicable to certain British Aerospace Model BAe 146-100A, -200A, and -300A series airplanes, that currently requires repetitive inspections of the attachment bolts and nuts in the rear spar root joint attachment fittings at wing rib 2 for integrity of nuts, tightness of bolts, and/or fuel leaks; and repair, if necessary. That AD was prompted by fuel leaks from bolt positions on the rear spar attachment fitting at wing rib 2. This amendment provides for an optional terminating modification for the repetitive inspections, and expands the applicability of the existing AD to include additional airplanes. The actions specified by this AD are intended to prevent fuel leaks and a subsequent fire.

Final rule

95-08-05 BRITISH AEROSPACE REGIONAL AIRCRAFT LIMITED, AVRO INTERNATIONAL AEROSPACE DIVISION (Formerly British Aerospace, plc; British Aerospace Commercial Aircraft Limited): Amendment 39-9194. Docket 94-NM-152-AD. Supersedes AD 90-08-15, Amendment 39-6577.

Applicability: Model British Aerospace Model BAe 146-100A, -200A, and -300A series airplanes, and Model Avro 146-RJ70A, -RJ85A, and -RJ100A series airplanes; as listed in Avro International Aerospace Service Bulletin S.B. 57-33, Revision 3, dated September 16, 1994; 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 approvalfrom 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 fuel leaks and a subsequent fire, accomplish the following:

(a) For airplanes listed in British Aerospace Service Bulletin SB 57-33, dated August 31, 1989: Within 12 months after May 21, 1990 (the effective date of AD 90-08-15, amendment 39-6577), visually inspect for integrity of nuts and tightness of bolts, and/or fuel leaks of the outboard vertical row of fasteners at the left- and right-hand of the rear spar root joint attachmentfittings, in accordance with British Aerospace Service Bulletin 57-33, dated August 31, 1989; Revision 1, dated October 29, 1993; Revision 2, dated February 16, 1994; or Revision 3, dated September 16, 1994. Repeat the inspection thereafter at intervals not to exceed 4,000 landings.

(1) If no defects are found, prior to further flight, reinstall the left- and right-hand wing-to-fuselage fairing panels in accordance with the service bulletin.

(2) If any defect is found, prior to further flight, repair suspect and leaking fasteners, in accordance with the service bulletin.

(b) For airplanes listed in Avro International Aerospace Service Bulletin S.B. 57-33, Revision 3, dated September 16, 1994, and not subject to paragraph (a) of this AD: Within 12 months after the effective date of this AD, visually inspect for integrity of nuts and tightness of bolts, and/or fuel leaks of the outboard vertical row of fasteners at the left- and right-hand of the rear spar root jointattachment fittings, in accordance with Avro International Aerospace Service Bulletin S.B. 57-33, Revision 1, dated October 29, 1993; Revision 2, dated February 16, 1994; or Revision 3, dated September 16, 1994. Repeat the inspection thereafter at intervals not to exceed 4,000 landings.

(1) If no defects are found, prior to further flight, reinstall the left- and right-hand wing-to-fuselage fairing panels in accordance with the service bulletin.

(2) If any defect is found, prior to further flight, repair suspect and leaking fasteners in accordance with the service bulletin.

(c) Modification of the rear spar root joint attachment fittings at wing rib 2 in accordance with Avro International Aerospace Service Bulletin S.B. 57-33, Revision 1, dated October 29, 1993; Revision 2, dated February 16, 1994; or Revision 3, dated September 16, 1994; constitutes terminating action for the repetitive visual inspections required by this AD.

(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 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.

(f) The actions done in accordance with British Aerospace Service Bulletin SB 57-33, dated August 31, 1989, including Appendix A; Avro International Aerospace Service Bulletin S.B. 57-33, Revision 1, dated October 29, 1993; Avro International Aerospace Service Bulletin S.B. 57-33, Revision 2, dated February 16, 1994; or Avro International Aerospace Service Bulletin S.B. 57-33, Revision 3, dated September 16, 1994; as applicable. Revision 3 of Avro International Aerospace Service Bulletin S.B. 57-33 contains the following list of effective pages:

Page Number
Revision Level
Shown on Page
Date
Shown on Page

1-3
3
September 16, 1994
4-6
2
February 16, 1994

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 Holdings, Inc., Avro International Aerospace Division, P.O. Box 16039, Dulles International Airport, Washington, DC 20041-6039. 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.

(g) This amendment becomes effective on May 18, 1995.

A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) by superseding AD 90-08-15, amendment 39-6577 (55 FR 13757, April 12, 1990), which is applicable to certain British Aerospace Model BAe 146-100A, -200A, and -300A series airplanes, was published in the Federal Register on November 29, 1994 (59 FR 60924). The action proposed to supersede AD 90-08-15 to continue to require repetitive visual inspections for integrity of nuts, tightness of bolts, and/or fuel leaks of the outboard vertical row of fasteners at the left- and right-hand of the rear spar root joint attachment fittings. The action proposed to provide for an optional terminating modification for the repetitive inspections. Additionally, the action proposed to expand the applicability of the existing AD to include additional airplanes.

Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received.

One commenter supports the proposed rule.

One commenter requests that NOTE 1 of the proposal be revised to allow carriers with Special Federal
Aviation Regulation (SFAR) 36 authority to make a determination whether a repair modification or alteration provides an equivalent level of safety. The FAA does not concur. As discussed in the proposal, the referenced note is merely an explanation of the legal effect of the applicability statement (i.e., all airplanes identified in that statement are subject to the requirements of the AD). Since the note is simply informational, it cannot be revised to "allow" operators to make determinations that they are not otherwise allowed to make. The note directs operators (that have airplanes with altered or repaired configurations) to the provisions of paragraph (d) of the AD, which allows them to obtain approval of an alternative method of compliance (AMOC) with the AD. The FAA infers that the commenter is actually requesting that operators holding SFAR 36 authorizations be allowed, in essence, to approve their own AMOC's. The FAA has assigned a task to the Aviation Rulemaking Advisory Committee (ARAC) to review the AMOC process and to recommend improvements to it. The issue of whether the FAA should delegate its authority to approve AMOC's is being addressed in that context. The FAA will consider ARAC's recommendations once they are received. Therefore, the FAA considers any action on this subject to be premature until ARAC has submitted its recommendations.

The FAA has reviewed the applicability of the proposal and has determined that referencing both British Aerospace Service Bulletin SB 57-33, dated August 31, 1989, and Avro International Aerospace Service Bulletin S.B. 57-33, Revision 3, dated September 16, 1994, is unnecessary. Revision 3 of the Avro service bulletin includes the same airplanes listed in the effectivity listing of the original version of that service bulletin, as well as those listed in the British Aerospace service bulletin. Therefore, the FAA has revised the applicability statement of the final rule to reference only Revision 3 of the Avro service bulletin.

After careful review of the available data, including the comments noted above, the FAA has determined that air safety and the public interest require the adoption of the rule with the change previously described. The FAA has determined that this change will neither increase the economic burden on any operator nor increase the scope of the AD.

The FAA estimates that 11 airplanes of U.S. registry will be affected by this AD, that it will take approximately 2 work hours per airplane to accomplish the required actions, and that the average labor rate is $60 per work hour. Based on these figures, the total cost impact of the AD on U.S. operators is estimated to be $1,320, or $120 per airplane.

The total cost impact figure discussed above is based on assumptions thatno 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.

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. 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 39-6577 (55 FR 13757, April 12, 1990), and by adding a new airworthiness directive (AD), amendment 39-9194, to read as follows: