[Federal Register: June 21, 2004 (Volume 69, Number 118)]
[Proposed Rules]
[Page 34312-34314]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn04-16]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 34312]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-90-AD]
RIN 2120-AA64
Airworthiness Directives; BAe Systems (Operations) Limited 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 supersedure of an existing
airworthiness directive (AD), applicable to certain BAe Systems
(Operations) Limited Model BAe 146 and Avro 146-RJ series airplanes,
that currently requires identifying the part numbers of discharge
valves and cabin pressure controllers, and related investigative and
corrective actions if necessary. This action would require identifying
the part number of an additional cabin pressure controller, and related
investigative and corrective actions if necessary. The actions
specified by the proposed AD are intended to prevent the installation
of incorrect pressurization discharge valves and cabin pressure
controllers, which could subject the airframe to excess stress and
adversely affect the airframe fatigue life. This action is intended to
address the identified unsafe condition.
DATES: Comments must be received by July 21, 2004.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2002-NM-90-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. 2002-NM-90-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 or 2000 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, FAA, 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 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:
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.
For each issue, state what specific change to the proposed
AD is being requested.
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 2002-NM-90-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. 2002-NM-90-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
On July 25, 2001, the FAA issued AD 2001-15-23, amendment 39-12358
(66 FR 40864, August 6, 2001), applicable to certain BAe Systems
(Operations) Limited Model BAe 146 and Avro 146-RJ series airplanes, to
require identifying the part numbers of discharge valves and cabin
pressure controllers, and replacing them with new parts if necessary.
That action was prompted by reports indicating that incorrect front
and/or rear pressurization discharge valves were found installed on
some affected airplanes. In addition, it is possible that some
operators may have installed incorrect flight deck-mounted cabin
pressure controllers. Because of pressurization problems associated
with use of the incorrect discharge valves and cabin pressure
controllers, the airframe may be subject to excess stress, which could
adversely affect the airframe fatigue life. The requirements of that AD
are intended to prevent the installation of incorrect pressurization
discharge valves and cabin pressure controllers.
Actions Since Issuance of Previous Rule
Since the issuance of that AD, the manufacturer discovered that a
requirement to identify the part number of the cabin pressure
controller that is calibrated in inches of mercury was omitted from BAe
Systems (Operations) Limited Inspection Service Bulletin ISB.21-148,
Revision 1, dated February 6, 2001. (The part number specified in
[[Page 34313]]
that service bulletin was only for a cabin pressure controller that is
calibrated in millibars.) That service bulletin was referenced as the
appropriate source of service information in AD 2001-15-23.
Explanation of Relevant Service Information
BAe Systems (Operations) Limited has issued Inspection Service
Bulletin ISB.21-155, dated February 15, 2002, which describes
procedures for identifying the part numbers of the front and rear
pressurization discharge valves and the cabin pressure controllers, and
related investigative and corrective actions. The corrective actions
include replacing any incorrect part with a new, correct part. The
related investigative action includes a repetitive structural
inspection after the replacement of an incorrect part. For airplanes
equipped with certain auto-pressurization equipment (installed during
BAe Systems Modification HCM50258A), the service bulletin recommends
limiting the airplane ceiling until the incorrect parts can be
replaced. Accomplishment of the actions specified in the service
bulletin is intended to adequately address the identified unsafe
condition. The Civil Aviation Authority (CAA), which is the
airworthiness authority for the United Kingdom, classified this service
bulletin as mandatory and issued British airworthiness directive 004-
02-2002 to ensure 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 AD
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 2001-15-23 to
continue to require identifying the part numbers of discharge valves
and cabin pressure controllers, and related investigative and
corrective actions. This amendment also would require identifying the
part number of the cabin pressure controller that is calibrated in
inches of mercury and related investigative and corrective actions. The
actions would be required to be accomplished in accordance with BAe
Systems (Operations) Limited Inspection Service Bulletin ISB.21-155,
dated February 15, 2002, described previously, except as discussed
below.
Difference Between Proposed AD and Service Information
Although the service bulletins referenced in this proposed AD
specify to submit certain information to the manufacturer, and to
return certain parts to the part manufacturer, this proposed AD would
not include such a requirement.
Changes to 14 CFR Part 39/Effect on the AD
On July 10, 2002, the FAA issued a new version of 14 CFR part 39
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness
directives system. The regulation now includes material that relates to
altered products, special flight permits, and alternative methods of
compliance. Because we have now included this material in part 39, only
the office authorized to approve AMOCs is identified in each individual
AD; therefore, paragraph (d) and Note 1 of AD 2001-15-23 are not
included in this proposed AD.
Cost Impact
There are approximately 20 airplanes of U.S. registry that would be
affected by this proposed AD.
The actions that are currently required by AD 2001-15-23 and
continued in this proposed AD take approximately 3 work hours per
airplane to accomplish, at an average labor rate of $65 per work hour.
Based on these figures, the cost impact of the currently required
actions on U.S. operators is estimated to be $3,900, or $195 per
airplane.
The new actions that are proposed in this AD would take
approximately 3 work hours to accomplish, at an average labor rate of
$65 per work hour. Based on these figures, the cost impact of the
proposed requirements on U.S. operators is estimated to be $3,900, or
$195 per airplane.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the current or proposed
requirements of this AD action, and that no operator would accomplish
those actions in the future if this 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:
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 removing amendment 39-12358 (66 FR
40864, August 6, 2001), and by adding a new airworthiness directive
(AD), to read as follows:
BAE Systems (Operations) Limited (Formerly British Aerospace
Regional Aircraft): Docket 2002-NM-90-AD. Supersedes AD 2001-15-23,
Amendment 39-12358.
[[Page 34314]]
Applicability: Model BAe 146 and Avro 146-RJ series airplanes,
certificated in any category, as listed in BAe Systems (Operations)
Limited Inspection Service Bulletin ISB.21-155, dated February 15,
2002.
Compliance: Required as indicated, unless accomplished
previously.
To prevent the installation of incorrect pressurization
discharge valves and cabin pressure controllers, which could subject
the airframe to excess stress and adversely affect the airframe
fatigue life, accomplish the following:
Restatement of Certain Requirements of AD 2001-15-23
Part Identification
(a) As specified in paragraph (a)(1) or (a)(2) of this AD, as
applicable: Identify the part numbers of the pressurization
discharge valves and cabin pressure controllers to determine if any
installed part is incorrect, as defined by and in accordance with
BAe Systems (Operations) Limited Inspection Service Bulletin ISB.21-
148, Revision 1, dated February 6, 2001; or BAe Systems (Operations)
Limited Inspection Service Bulletin ISB.21-155, dated February 15,
2002. As of the effective date of this AD, only BAe Systems
(Operations) Limited Inspection Service Bulletin ISB.21-155 may be
used.
(1) For airplanes post-Modification HCM50258A: Identify the part
numbers within 30 days after September 10, 2001 (the effective date
of AD 2001-15-23, amendment 39-12358); and, if any part is
incorrect, limit the airplane ceiling to 31,000 feet until the
incorrect part is replaced, as specified by paragraph (c) of this
AD.
(2) For airplanes pre-Modification HCM50258A: Identify the part
numbers within 6 months after September 10, 2001.
New Requirements of This AD
Part Identification
(b) For airplanes on which the requirements of BAe Systems
(Operations) Limited Inspection Service Bulletin ISB.21-148, dated
Revision 1, dated February 6, 2001, were accomplished: At the times
specified in paragraph (b)(1) or (b)(2) of this AD, as applicable,
identify the part number of the cabin pressure controller calibrated
in inches of mercury to determine if any installed part is
incorrect, in accordance with the Accomplishment Instructions of BAe
Systems (Operations) Limited Inspection Service Bulletin ISB.21-155,
dated February 15, 2002.
(1) For airplanes post-Modification HCM50258A: Identify the part
numbers within 30 days after the effective date of this AD; and, if
any part is incorrect, limit the airplane ceiling to 31,000 feet
until the incorrect part is replaced as specified by paragraph (c)
of this AD.
(2) For airplanes pre-Modification HCM50258A: Identify the part
numbers within 6 months after the effective date of this AD.
Corrective Action
(c) For any incorrect part identified in accordance with
paragraphs (a) or (b) of this AD: Within 500 flight cycles after
identification of the part number, replace the part with a new,
correct part, in accordance with the Accomplishment Instructions of
BAe Systems (Operations) Limited Inspection Service Bulletin ISB.21-
148, Revision 1, dated February 6, 2001; or BAe Systems (Operations)
Limited Inspection Service Bulletin ISB.21-155, dated February 15,
2002. As of the effective date of this AD, only BAe Systems
(Operations) Limited Inspection Service Bulletin ISB.21-155 may be
used. After installation of a correct part, prior to further flight,
do a structural inspection and accomplish any applicable corrective
actions, in accordance with a method approved by the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA;
or the Civil Aviation Authority (CAA) (or its delegated agent).
Credit for Accomplishment of Previous Actions
(d) Accomplishment of the actions specified in this AD in
accordance with BAe Systems (Operations) Limited Inspection Service
Bulletin ISB.21-148, dated November 17, 2000, is acceptable for
compliance with the corresponding actions required by this AD.
Submission of Inspection Results and Parts Not Required
(e) Although the service bulletins referenced in this AD specify
to submit information to the manufacturer, and to return certain
parts to the part manufacturer, this AD does not include such a
requirement.
Alternative Methods of Compliance
(f)(1) In accordance with 14 CFR 39.19, the Manager,
International Branch, ANM-116, is authorized to approve alternative
methods of compliance for this AD.
(2) Alternative methods of compliance, approved previously in
accordance with AD 2001-15-23, amendment 39-12358, are approved as
alternative methods of compliance with the applicable actions in
this AD.
Note 1: The subject of this AD is addressed in British
airworthiness directive 004-02-2002.
Issued in Renton, Washington, on June 9, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-13916 Filed 6-18-04; 8:45 am]
BILLING CODE 4910-13-P