[Federal Register: October 17, 2007 (Volume 72, Number 200)]
[Proposed Rules]
[Page 58774-58777]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17oc07-16]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-0044; Directorate Identifier 2007-NM-126-AD]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited Model
BAe 146 and Avro 146-RJ Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:
An accumulator cylinder had material defects and suffered an in-
flight burst failure causing damage to the aircraft structure. * * *
The proposed AD would require actions that are intended to address
the unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by November 16,
2007.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
[[Page 58775]]
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone (800) 647-5527) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.
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:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-0044;
Directorate Identifier 2007-NM-126-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to http://www.regulations.gov
, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European community, has issued EASA
Airworthiness Directive 2007-0076, dated March 21, 2007 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
An accumulator cylinder had material defects and suffered an in-
flight burst failure causing damage to the aircraft structure. This
resulted in the issue of EASA Emergency AD 2006-0061-E [we issued AD
2006-23-12 to address that EASA AD] that required the identification
and check of cylinders from known suspect batches. Further
investigations and checks by the accumulator manufacturer have
concluded that all cylinders from a particular supplier may not have
been correctly inspected at manufacture. To prevent the risk of
further failures, this Airworthiness Directive (AD) requires all
accumulators with cylinders from this supplier to be identified and
inspected prior to re-installation.
The corrective action includes replacing any accumulator found to
have a defect. You may obtain further information by examining the MCAI
in the AD docket.
Relevant Service Information
BAE Systems (Operations) Limited has issued Inspection Service
Bulletin ISB.29-047, dated October 3, 2006. The actions described in
this service information are intended to correct the unsafe condition
identified in the MCAI.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 1 product of U.S. registry. We also estimate that it
would take about 4 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $320, or $320 per product.
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 determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD 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.
For the reasons discussed above, I certify 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. 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 proposed AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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.
[[Page 58776]]
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new AD:
BAE Systems (Operations) Limited (Formerly British Aerospace
Regional Aircraft): Docket No. FAA-2007-0044; Directorate Identifier
2007-NM-126-AD.
Comments Due Date
(a) We must receive comments by November 16, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to 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, all models, all serial numbers.
Subject
(d) Air Transport Association (ATA) of America Code 29:
Hydraulic power.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
An accumulator cylinder had material defects and suffered an in-
flight burst failure causing damage to the aircraft structure. This
resulted in the issue of EASA Emergency AD 2006-0061-E [we issued AD
2006-23-12 to address that EASA AD] that required the identification
and check of cylinders from known suspect batches. Further
investigations and checks by the accumulator manufacturer have
concluded that all cylinders from a particular supplier may not have
been correctly inspected at manufacture. To prevent the risk of
further failures, this Airworthiness Directive (AD) requires all
accumulators with cylinders from this supplier to be identified and
inspected prior to re-installation.
The corrective action includes replacing any accumulator found to
have a defect.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Within 30 months after the effective date of this AD,
identify the installed accumulator in accordance with paragraph 2.C.
of BAE Systems (Operations) Limited Inspection Service Bulletin
ISB.29-047, dated October 3, 2006, which makes reference to APPH
Service Bulletin AIR91666-29-03, dated July 2006.
(2) When an accumulator is identified as being affected by this
AD, before further flight after accomplishing the actions required
in paragraph (f)(1) of this AD, remove the accumulator in accordance
with paragraph 2.D. of BAE Systems (Operations) Limited Inspection
Service Bulletin ISB.29-047, dated October 3, 2006, and do a
magnetic particle inspection of the cylinder for any defects in
accordance with APPH Service Bulletin AIR91666-29-03, dated July
2006.
(3) If any defect is found during the inspection required in
paragraph (f)(2) of this AD, before next flight, replace the
accumulator with a serviceable unit in accordance with the
Accomplishment Instructions of APPH Service Bulletin AIR91666-29-03,
dated July 2006.
(4) After the effective date of this AD, no person may install a
spare accumulator identified by APPH Service Bulletin AIR91666-29-
03, dated July 2006, as a replacement part, unless it has been
inspected in accordance with APPH Service Bulletin AIR91666-29-02,
dated March 2006; or APPH Service Bulletin AIR91666-29-03, dated
July 2006 (see second Note in paragraph 1.D.(1) of BAE Systems
(Operations) Limited Inspection Service Bulletin ISB.29-047, dated
October 3, 2006, for further explanation).
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows:
(1) Where the MCAI specifies to identify the installed
accumulator within 6 weeks after the effective date of the AD, we
have determined that the identification may be done within 30 months
after the effective date of this AD to coincide with the compliance
time for the magnetic particle inspection. In making this
determination, we considered the maximum interval of time allowable
for all affected airplanes to continue to operate without
compromising safety, fleet usage, and the availability of
replacement parts.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, ANM-
116, International Branch, Transport Airplane Directorate, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send information to ATTN: 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.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.
Related Information
(h) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2007-0076, dated March 21, 2007, and the service
information listed in Table 1 of this AD for related information.
Table 1.--Service Information
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Service Bulletin Date
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APPH Service Bulletin AIR91666-29-02............ March 2006.
APPH Service Bulletin AIR91666-29-03............ July 2006.
BAE Systems (Operations) Limited Inspection October 3, 2006.
Service Bulletin ISB.29-047.
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[[Page 58777]]
Issued in Renton, Washington, on October 9, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-20462 Filed 10-16-07; 8:45 am]
BILLING CODE 4910-13-P