[Federal Register: November 13, 2006 (Volume 71, Number 218)]
[Rules and Regulations]
[Page 66106-66108]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13no06-5]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25337; Directorate Identifier 2006-NM-138-AD;
Amendment 39-14825; AD 2006-23-13]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited Model
BAe 146 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 airplanes. This AD
requires inspecting the three-phase circuit breakers and three-phase
circuit breaker panels for discrepancies; and fixing any discrepancy
and replacing unserviceable units with new units, if necessary. This AD
results from reports of three-phase circuit breakers overheating on in-
service airplanes. We are issuing this AD to prevent failure of a
three-phase circuit breaker. Such failure could prevent an electrical
load from being isolated from its electrical supply, which could result
in smoke or fire in the flight deck.
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: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; 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
[[Page 66107]]
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 airplanes. That NPRM was published
in the Federal Register on July 13, 2006 (71 FR 39595). That NPRM
proposed to require inspecting the three-phase circuit breakers and
three-phase circuit breaker panels for discrepancies; and fixing any
discrepancy and replacing unserviceable units with new units, if
necessary.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Request To Consider Electronic Test in Place of Visual Inspection
The commenter, a private citizen who is also an airplane mechanic,
believes that a physical inspection will not adequately determine an
operational deficiency. The commenter recommends adding a periodic
electrical test of the affected circuit breakers. In support of his
recommendation, the commenter describes his experience as a helicopter
operator, and states that he built a bench check unit that could verify
an operational deficiency of circuit breakers.
We disagree with requiring an electrical test in place of a
detailed (physical) inspection of the circuit breakers. Both the
original equipment manufacturer and the European Aviation Safety Agency
(EASA), which is the airworthiness authority for the European Union,
have determined that a detailed inspection is adequate to ensure
safety. The commenter did not provide factual or statistical data to
show that damaged circuit breakers could remain on the airplane even
though the detailed inspection shows no damage. However, the commenter
presents some interesting information that we will share with the EASA.
We have not changed the AD in this regard.
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 incorporation 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 incorporated 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 repair shops, parts purveyors
and distributors, and organizations manufacturing or servicing
alternatively certified parts under 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.
Clarification of Costs of Compliance
We have clarified the Costs of Compliance section in this AD to
reflect a revised number of U.S.-registered airplanes.
Conclusion
We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD as proposed.
Costs of Compliance
This AD affects about 16 airplanes of U.S. registry. The inspection
takes about 5 work hours 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 $6,400, or $400 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.
[[Page 66108]]
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):
2006-23-13 BAE Systems (Operations) Limited (Formerly British
Aerospace Regional Aircraft): Amendment 39-14825. Docket No. FAA-
2006-25337; Directorate Identifier 2006-NM-138-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, certificated
in any category.
Unsafe Condition
(d) This AD results from reports of three-phase circuit breakers
overheating on in-service airplanes. We are issuing this AD to
prevent failure of a three-phase circuit breaker. Such failure could
prevent an electrical load from being isolated from its electrical
supply, which could result in smoke or fire in the flight deck.
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.
Detailed Inspection and Corrective Actions
(f) Within 12 months after the effective date of this AD, do a
detailed inspection of the three-phase circuit breakers and three-
phase circuit breaker panels for discrepancies (including but not
limited to physical damage, cracks, deterioration, corrosion,
discoloration, contamination by foreign objects, and missing or
improperly installed terminal connections or attachments), in
accordance with the Accomplishment Instructions of BAE Systems
(Operations) Limited Inspection Service Bulletin ISB.24-141, dated
August 15, 2005. If any discrepancy is found, before further flight,
fix the discrepancy and replace unserviceable units with new units,
as applicable, in accordance with the inspection service bulletin.
Note 1: 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.''
No Reporting
(g) Although the inspection service bulletin referenced in this
AD specifies to submit certain information to the manufacturer, this
AD does not include that requirement.
Alternative Methods of Compliance (AMOCs)
(h)(1) The Manager, International Branch, 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
(i) The European Aviation Safety Agency airworthiness directive
2006-0132, dated May 18, 2006, also addresses the subject of this
AD.
Material Incorporated by Reference
(j) You must use BAE Systems (Operations) Limited Inspection
Service Bulletin ISB.24-141, dated August 15, 2005, 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. E6-18966 Filed 11-9-06; 8:45 am]
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