[Federal Register: November 13, 2006 (Volume 71, Number 218)]
[Rules and Regulations]
[Page 66104-66106]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13no06-4]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25388; Directorate Identifier 2006-NM-086-AD;
Amendment 39-14824; AD 2006-23-12]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited Model
BAe 146 and Avro 146-RJ Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ
airplanes equipped with certain hydraulic accumulators. This AD
requires inspecting the hydraulic accumulators to identify certain
serial numbers, and replacing any affected accumulator with a new or
serviceable accumulator. Operators may delay doing the replacement by
doing repetitive inspections of the affected hydraulic accumulators for
signs of failure (leaking or cracking), and replacing any failed
accumulator with a new or serviceable unit. This AD results from a
report that one hydraulic accumulator failed in service, which caused
the loss of the yellow hydraulic system when the airplane was
configured for landing. We are issuing this AD to prevent damage to the
pressure skin, failure of certain hydraulic systems, contamination of
the cabin with hydraulic mist, increased workload for the flightcrew
associated with the loss of one or more hydraulic circuits, and
consequent reduced controllability of the airplane.
DATES: This AD becomes effective December 18, 2006.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of December 18,
2006.
ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov
or in person at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif Building,
Room PL-401, Washington, DC.
Contact British Aerospace Regional Aircraft American Support, 13850
Mclearen Road, Herndon, Virginia 20171, for service information
identified in this AD.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness directive (AD) docket on the
Internet at http://dms.dot.gov or in person at the Docket Management
Facility office between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Docket Management Facility office
(telephone (800) 647-5227) is located on the plaza level of the Nassif
Building at the street address stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to all BAE Systems
(Operations) Limited Model BAe 146 and Avro 146-RJ airplanes equipped
with certain hydraulic accumulators. That NPRM was published in the
Federal Register on July 19, 2006 (71 FR 40940). That NPRM proposed to
require inspecting the hydraulic accumulators to identify certain
serial numbers, and replacing any affected accumulator with a new or
serviceable accumulator. Operators may delay doing the replacement by
doing repetitive inspections of the affected hydraulic accumulators for
signs of failure (leaking or cracking), and replacing any failed
accumulator with a new or serviceable unit.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comment received.
Request To Change Incorporation of Certain Information
The Modification and Replacement Parts Association (MARPA) states
that, typically, airworthiness directives are based on service
information originating with the type certificate holder or its
suppliers. MARPA adds that manufacturer service documents are privately
authored instruments generally having copyright protection against
duplication and distribution. MARPA notes that when a service document
is incorporated by reference into a public document, such as an
airworthiness directive, it loses its private, protected status and
becomes a public document. MARPA adds that, if a service document is
used as a mandatory element of compliance, it should not simply be
referenced, but should be incorporated into the regulatory document; by
definition, public laws must be public, which means they cannot rely
upon private writings. MARPA is concerned that the failure to
incorporate essential service information could result in a court
decision invalidating the AD.
MARPA adds that incorporated by reference service documents should
be made available to the public by publication in the Document
Management System (DMS), keyed to the action that incorporates them.
MARPA notes that the stated purpose of the incorporation by reference
method is brevity, to keep from expanding the Federal Register
needlessly by publishing documents already in the hands of the affected
individuals; traditionally, ``affected individuals'' means aircraft
owners and operators, who are generally provided service information by
the manufacturer. MARPA adds that a new class of affected individuals
has emerged, since the majority of aircraft maintenance is now
performed by specialty shops instead of aircraft owners and operators.
MARPA notes that this new class includes maintenance and repair
organizations, component servicing and
[[Page 66105]]
repair shops, parts purveyors and distributors, and organizations
manufacturing or servicing alternatively certified parts Sec. 21.303
(``Parts manufacturer approval'') of the Federal Aviation Regulations
(14 CFR part 21). MARPA adds that the concept of brevity is now nearly
archaic as documents exist more frequently in electronic format than on
paper. Therefore, MARPA asks that the service documents deemed
essential to the accomplishment of the NPRM be incorporated by
reference into the regulatory instrument, and published in the DMS.
We do not agree that documents should be incorporated by reference
during the NPRM phase of rulemaking. The Office of the Federal Register
(OFR) requires that documents that are necessary to accomplish the
requirements of the AD be incorporated by reference during the final
rule phase of rulemaking. This final rule incorporates by reference the
document necessary for the accomplishment of the requirements mandated
by this AD. Further, we point out that while documents that are
incorporated by reference do become public information, they do not
lose their copyright protection. For that reason, we advise the public
to contact the manufacturer to obtain copies of the referenced service
information.
Additionally, we do not publish service documents in DMS. We are
currently reviewing our practice of publishing proprietary service
information. Once we have thoroughly examined all aspects of this
issue, and have made a final determination, we will consider whether
our current practice needs to be revised. However, we consider that to
delay this AD action for that reason would be inappropriate, since we
have determined that an unsafe condition exists and that the
requirements in this AD must be accomplished to ensure continued
safety. Therefore, we have not changed the AD in this regard.
Conclusion
We have carefully reviewed the available data, including the
comment received, and determined that air safety and the public
interest require adopting the AD as proposed.
Costs of Compliance
This AD affects 42 airplanes of U.S. registry. The inspection to
determine the serial number takes about 1 work hour per airplane, at an
average labor rate of $80 per work hour. Based on these figures, the
estimated cost of the AD for U.S. operators is $3,360, or $80 per
airplane.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will 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.
For the reasons discussed above, I certify that this AD:
(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.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
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]
0
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2006-23-12 BAE Systems (Operations) Limited (Formerly British
Aerospace Regional Aircraft): Amendment 39-14824. Docket No. FAA-
2006-25388; Directorate Identifier 2006-NM-086-AD.
Effective Date
(a) This AD becomes effective December 18, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all BAE Systems (Operations) Limited
Model BAe 146-100A, -200A, and -300A series airplanes; and Model
Avro 146-RJ70A, 146-RJ85A, and 146-RJ100A airplanes; certificated in
any category; equipped with hydraulic accumulators part number (P/N)
AIR91666-0, -1, or -2 installed.
Unsafe Condition
(d) This AD results from report that one hydraulic accumulator
failed in service, which caused the loss of the yellow hydraulic
system when the airplane was configured for landing. We are issuing
this AD to prevent damage to the pressure skin, failure of certain
hydraulic systems, contamination of the cabin with hydraulic mist,
increased workload for the flightcrew associated with the loss of
one or more hydraulic circuits, and consequent reduced
controllability of the airplane.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Inspection To Determine Serial Number (S/N)
(f) Within 48 hours after the effective date of this AD, inspect
all P/N AIR91666-0, -1, and -2 hydraulic accumulators to determine
whether any hydraulic accumulator is installed that has an S/N
identified in paragraph C of the Accomplishment Instructions of BAE
Systems (Operations) Limited Inspection Service Bulletin ISB.29-
A046, dated March 14, 2006. A review of airplane maintenance records
is acceptable in lieu of this inspection if the S/N can be
conclusively determined from that review.
Replacement or Repetitive Inspections
(g) If any accumulator with an affected S/N is identified during
the inspection required by paragraph (f) of this AD, do the action
in paragraph (g)(1) or (g)(2) of this AD. Do all actions in
accordance with the Accomplishment Instructions of BAE Systems
(Operations) Limited Inspection Service Bulletin ISB.29-A046, dated
March 14, 2006, except where the service bulletin specifies to
submit certain information to the
[[Page 66106]]
manufacturer, this AD does not include that requirement.
(1) Before further flight: Replace the hydraulic accumulator
with a new or serviceable accumulator.
(2) Before further flight: Do a detailed inspection for signs of
failure (leaking or cracking) of the hydraulic accumulator, and
replace any failed accumulator before further flight. If there is no
sign of failure, repeat the inspection thereafter at the applicable
interval in paragraph (g)(2)(i) or (g)(2)(ii) of this AD. Within 75
days after the effective date of this AD, replace the affected
hydraulic accumulator with a new or serviceable accumulator. Doing
the replacement terminates the repetitive inspections.
(i) At intervals not to exceed 48 hours.
(ii) Before further flight following a report of hydraulic fumes
in the cabin air supply, or after a hydraulic fluid low-level
warning; and thereafter at intervals not to exceed 48 hours.
(h) For airplanes on which more than one affected accumulator is
identified during the inspection required by paragraph (f) of this
AD: Within 12 days after the effective date of this AD, replace any
affected accumulator in accordance with paragraph (g)(1) of this AD,
so that no more than one accumulator with an affected S/N remains on
the airplane; and inspect any remaining accumulator at the
applicable interval in paragraph (g)(2) of this AD.
Note 1: BAE Systems (Operations) Limited Service Bulletin
ISB.29-A046, dated March 14, 2006, refers to APPH Service Bulletin
AIR91666-29-02, dated March 2006, as an additional source of service
information for determining if an accumulator is a serviceable
accumulator. The procedures include disassembling the accumulator
cylinder, and testing it for cracking.
Note 2: For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirror, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate procedures may be required.''
Parts Installation
(i) Except as provided by paragraph (g)(2) of this AD: As of the
effective date of this AD, no hydraulic accumulator having P/N
AIR91666-0, -1, or -2 that has an S/N identified in paragraph C. of
the Accomplishment Instructions of BAE Systems (Operations) Limited
Inspection Service Bulletin ISB.29-A046, dated March 14, 2006, may
be installed on any airplane except for accumulators on which the
actions specified in the Accomplishment Instructions of APPH Service
Bulletin AIR91666-29-02, dated March 2006, have been done.
Special Flight Permit Limited
(j) Using special flight permits (14 CFR 21.197 and 21.199)
before all affected hydraulic actuators are replaced on the airplane
is allowed only if the airplane has not flown more than 5 flight
cycles since the last inspection done in accordance with paragraph
(g)(2) or (h) of this AD, as applicable; and if the flight can be
accomplished in one flight cycle with the airplane unpressurized.
Alternative Methods of Compliance (AMOCs)
(k)(1) The Manager, ANM-116, Transport Airplane Directorate,
FAA, has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Related Information
(l) European Aviation Safety Agency (EASA) emergency
airworthiness directive 2006-0061--E [Corrected], dated March 17,
2006, also addresses the subject of this AD.
Material Incorporated by Reference
(m) You must use BAE Systems (Operations) Limited Inspection
Service Bulletin ISB.29-A046, dated March 14, 2006, to perform the
actions that are required by this AD, unless the AD specifies
otherwise. The Director of the Federal Register approved the
incorporation by reference of this document in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Contact British Aerospace Regional
Aircraft American Support, 13850 Mclearen Road, Herndon, Virginia
20171, for a copy of this service information. You may review copies
at the Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Room PL-401, Nassif
Building, Washington, DC; on the Internet at http://dms.dot.gov; or
at the National Archives and Records Administration (NARA). For
information on the availability of this material at the NARA, call
(202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
Issued in Renton, Washington, on October 31, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-18965 Filed 11-9-06; 8:45 am]
BILLING CODE 4910-13-P