[Federal Register: December 26, 2007 (Volume 72, Number 246)]
[Proposed Rules]
[Page 72968-72969]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26de07-25]
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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 72968]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-0371; Directorate Identifier 2007-NM-269-AD]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited Model
BAe 146 and Model Avro 146-RJ Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (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 service history of
incidents and accidents involving transport category turbojet airplanes
without leading edge high lift devices, that shows that even small
amounts of frost, ice, snow, or slush on the wing leading edges or
forward upper wing surfaces can cause an adverse change in the stall
speeds, stall characteristics, and the protection provided by the stall
protection system. This proposed AD requires revising the airplane
flight manual to include a new cold weather operations limitation. We
are proposing this AD to prevent possible loss of control on takeoff
resulting from even small amounts of frost, ice, snow, or slush on the
wing leading edges or forward upper wing surfaces. The proposed AD
would require actions that are intended to address the unsafe
condition.
DATES: We must receive comments on this proposed AD by January 25,
2008.
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.
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, Transport Airplane Directorate, FAA,
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-2007-0371;
Directorate Identifier 2007-NM-269-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
In February 2005, the FAA began a review of certain airplanes of
concern--turbojet airplanes without leading edge high lift devices--to
determine their sensitivity to takeoff in ice/frost conditions. We have
taken a broad and proactive approach to this issue. This approach
involved a review of the effect of small amounts of wing contamination
on the takeoff safety margins of the existing fleet of turbojet
transport category airplanes that do not have leading edge high lift
devices. Included in this review were the BAE Systems (Operations)
Limited Model BAe 146 and Model Avro 146-RJ airplanes. We have already
taken airworthiness action against certain airplane types that have
experienced accidents and incidents due to a contaminated wing.
Although there have been no accidents or incidents related to wing
contamination associated with the BAE Systems (Operations) Limited
Model BAe 146 and Model Avro 146-RJ airplanes, the wings of these
airplanes are similarly sensitive to small amounts of wing
contamination.
Small, almost visually imperceptible, amounts of ice on the wing's
leading edge or upper surface can cause severe aerodynamic penalties
and result in a loss of control of the airplane during takeoff. Despite
operating rules, procedures, and training programs stressing the
importance of a clean wing for takeoff, continued accidents and
incidents show that airplanes are still departing with ice-contaminated
wings.
This proposed AD would require revising the airplane flight manual
(AFM) to include new limitations for cold weather operation. The
actions in this proposed AD are intended to prevent possible loss of
control on takeoff resulting from even small amounts of frost, ice,
snow, or slush on the wing leading edges or forward upper wing
surfaces.
FAA's Determination and Requirements of the Proposed AD
These airplanes 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.
We are proposing this AD because we evaluated all relevant
information and determined the unsafe condition described previously is
likely to exist or
[[Page 72969]]
develop in other products of the same type design.
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 1 work-hour per product to comply with 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 $80, or $80 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.
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-2007-0371; Directorate Identifier
2007-NM-269-AD.
Comments Due Date
(a) We must receive comments by January 25, 2008.
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; and all Model Avro 146-RJ70A, 146-RJ85A, and 146-
RJ100A airplanes, certificated in any category.
Subject
(d) Air Transport Association (ATA) of America Code 30: Ice and
Rain Protection.
Reason
(e) This AD results from service history of incidents and
accidents involving transport category turbojet airplanes without
leading edge high lift devices, that shows that even small amounts
of frost, ice, snow, or slush on the wing leading edges or forward
upper wing surfaces can cause an adverse change in the stall speeds,
stall characteristics, and the protection provided by the stall
protection system. We are issuing this AD to prevent possible loss
of control on take-off resulting from even small amounts of frost,
ice, snow, or slush on the wing leading edges or forward upper wing
surfaces.
Actions and Compliance
(f) Within 14 days after the effective date of this AD, revise
the Limitations Section of the Airplane Flight Manual (AFM) to
include the following statement. This may be done by inserting a
copy of this AD in the AFM.
``1. Takeoff is prohibited with frost, ice, snow, or slush
adhering to the wings, control surfaces, engine inlets, or other
critical surfaces.
2. A visual and tactile (hand on surface) check of the wing
leading edge and the wing upper surface must be performed to ensure
the wing is free from frost, ice, snow, or slush when the outside
air temperature is less than 42 degrees F (6 degrees C), or if it
cannot be ascertained that the wing fuel temperature is above 32
degrees F (0 degrees C); and
a. There is visible moisture (rain, drizzle, sleet, snow, fog,
etc.) present; or
b. Water is present on the wing; or
c. The difference between the dew point and the outside air
temperature is 5 degrees F (3 degrees C) or less; or
d. The atmospheric conditions have been conducive to frost
formation.''
Note 1: When a statement identical to that in paragraph (f) of
this AD has been included in the general revisions of the AFM, the
general revisions may be inserted into the AFM, and the copy of this
AD may be removed from the AFM.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, Transport Airplane Directorate, ANM-116, 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,
Transport Airplane Directorate, FAA, 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) None.
Issued in Renton, Washington, on December 14, 2007.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-24922 Filed 12-21-07; 8:45 am]
BILLING CODE 4910-13-P