[Federal Register: March 12, 2003 (Volume 68, Number 48)]
[Proposed Rules]
[Page 11760-11762]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12mr03-15]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2001-NM-271-AD]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited Model
BAe 146 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 certain BAE Systems (Operations)
Limited Model BAe 146 series airplanes. This proposal would require
modification of the flight annunciator box. This action is necessary to
prevent traffic collision avoidance system (TCAS) aural messages and
resolution advisories of the TCAS from being inhibited following a
ground proximity warning system alert or test message, which could
prevent the TCAS from providing attention-getting alerts, and could
result in the consequent possibility of a mid-air collision or near
mid-air collision. This action is intended to address the identified
unsafe condition.
DATES: Comments must be received by April 11, 2003.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2001-NM-271-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2001-NM-271-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 for Windows or
ASCII text.
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: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington 98055-4056; telephone (425) 227-
1175; 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
[[Page 11761]]
for comments, specified above, will be considered before taking action
on the proposed rule. The proposals contained in this action may be
changed in light of the comments received.
Submit comments using the following format:
[sbull] Organize comments issue-by-issue. For example, discuss a
request to change the compliance time and a request to change the
service bulletin reference as two separate issues.
[sbull] For each issue, state what specific change to the proposed
AD is being requested.
[sbull] Include justification (e.g., reasons or data) for each
request.
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 action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2001-NM-271-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. 2001-NM-271-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Civil Aviation Authority (CAA), which is the airworthiness
authority for the United Kingdom, notified the FAA that an unsafe
condition may exist on certain BAE Systems (Operations) Limited Model
BAe 146 series airplanes. The CAA advises that the manufacturer
investigated an in-service problem and identified a specific
combination of airplane modifications that can inhibit the traffic
alert and collision avoidance system (TCAS). These airplane
modifications interact with certain annunciator dimmer settings and
cause aural messages and resolution advisories of the TCAS to remain
inhibited following a ground proximity warning system alert or test
message. This condition, if not corrected, could prevent the TCAS from
providing attention-getting alerts, and could result in the consequent
possibility of a mid-air collision or near mid-air collision.
Explanation of Relevant Service Information
BAE Systems (Operations) Limited has issued Modification Service
Bulletin SB.34-339-50261Y, dated April 11, 2001, which describes
procedures for modification of the flight annunciator box. The
modification includes installing two diode modules with associated
wiring, and re-routing existing wiring. 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 003-04-2001 in
order to assure the continued airworthiness of these airplanes in the
United Kingdom.
FAA's Conclusions
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.
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,
except as discussed below.
Differences Between the Proposed AD and Relevant Service Information
Operators should note that, although the referenced service
bulletin describes procedures for completing and submitting a sheet
recording compliance with the service bulletin, this proposed AD would
not require those actions.
Cost Impact
The FAA estimates that 20 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 2 work
hours per airplane to accomplish the proposed modification, and that
the average labor rate is $60 per work hour. Required parts would cost
approximately $250 per airplane. Based on these figures, the cost
impact of the proposed AD on U.S. operators is estimated to be $7,400,
or $370 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 proposed AD were not adopted. The cost impact
figures discussed in AD rulemaking actions represent only the time
necessary to perform the specific actions actually required by the AD.
These figures typically do not include incidental costs, such as the
time required to gain access and close up, planning time, or time
necessitated by other administrative actions.
Regulatory Impact
The regulations proposed herein would not have a substantial direct
effect 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, it
is determined that this proposal would not have federalism implications
under Executive Order 13132.
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:
[[Page 11762]]
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:
BAE Systems (Operations) Limited (Formerly British Aerospace
Regional Aircraft): Docket 2001-NM-271-AD.
Applicability: Model BAe 146 series airplanes on which
Modifications HCM50261X; HCM01077L or HCM50273B; and HCM50040E or
HCM50040N; have been installed; 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 (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 prevent aural messages and resolution advisories of the
traffic collision avoidance system (TCAS) from being inhibited
following a ground proximity warning system alert or test message,
which could prevent the TCAS from providing attention-getting
alerts, and could result in the consequent possibility of a mid-air
collision or near mid-air collision, accomplish the following:
Modification
(a) Within 1 year after the effective date of this AD: Modify
the flight annunciator box (including installing 2 diode modules
with associated wiring, and re-routing existing wiring), per the
Accomplishment Instructions of BAE Systems (Operations) Limited
Modification Service Bulletin SB.34-339-50261Y, dated April 11,
2001. Although paragraph 2.F.(2) of the Accomplishment Instructions
references a reporting requirement, such reporting is not required
by this AD.
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,
Transport Airplane Directorate, FAA. Operators shall submit their
requests through an appropriate FAA Principal Avionics Inspector,
who may add comments and then send it to the Manager, International
Branch, ANM-116.
Note 2: 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 3: The subject of this AD is addressed in British
airworthiness directive 003-04-2001.
Issued in Renton, Washington, on March 5, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-5859 Filed 3-11-03; 8:45 am]
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