[Federal Register Volume 75, Number 83 (Friday, April 30, 2010)]
[Proposed Rules]
[Pages 22710-22712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10111]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0434; Directorate Identifier 2009-NM-221-AD]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited Model
BAe 146-100A and -200A Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
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:
The operation of the airbrake lever in the ``airbrakes out'' to
``lift spoiler'' range has been the subject of two occurrence
reports. The lift spoilers on the BAe 146 and Avro 146-RJ aeroplanes
have been designed to deploy on landing to provide aerodynamic
braking and to dump lift to ensure that the wheel brakes can provide
the necessary speed reduction.
* * * * *
The effects of deceleration and landing inertia loads can cause
uncommanded movement of the airbrake selector lever from the ``lift
spoiler'' position to the ``airbrakes out'' position, causing the
lift spoilers to retract during the landing roll. This condition, if
not corrected, would increase the landing distance, possibly
resulting in a runway overrun and consequent injury to aeroplane
occupants.
* * * * *
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 June 14, 2010.
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.
For service information identified in this proposed AD, contact BAE
Systems Regional Aircraft, 13850 McLearen Road, Herndon, Virginia
20171; telephone 703-736-1080; e-mail [email protected];
Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may review copies of the referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW.,
Renton, Washington. For information on the availability of this
material at the FAA, call 425-227-1221.
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-2010-0434;
Directorate Identifier 2009-NM-221-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 have lengthened the 30-day comment period for proposed ADs that
address MCAI originated by aviation
[[Page 22711]]
authorities of other countries to provide adequate time for interested
parties to submit comments. The comment period for these proposed ADs
is now typically 45 days, which is consistent with the comment period
for domestic transport ADs.
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 2009-0206, dated September 30, 2009 (referred
to after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
The operation of the airbrake lever in the ``airbrakes out'' to
``lift spoiler'' range has been the subject of two occurrence
reports. The lift spoilers on the BAe 146 and Avro 146-RJ aeroplanes
have been designed to deploy on landing to provide aerodynamic
braking and to dump lift to ensure that the wheel brakes can provide
the necessary speed reduction.
A review of the changing operational profile of the aeroplane
type concluded that its proven short field performance has
increasingly been exploited in recent years by a number of operators
worldwide. Frequently, these short field operations are conducted
from airports that are located in mountainous terrain or in close
proximity to bodies of water, leaving fewer margins for error, e.g.
landing long or at (too) high speed.
The effects of deceleration and landing inertia loads can cause
uncommanded movement of the airbrake selector lever from the ``lift
spoiler'' position to the ``airbrakes out'' position, causing the
lift spoilers to retract during the landing roll. This condition, if
not corrected, would increase the landing distance, possibly
resulting in a runway overrun and consequent injury to aeroplane
occupants.
On certain BAe 146 aeroplanes, without modifications HCM00889A
and B or modifications HCM00889A and C incorporated, negligible
force is required to move the airbrake lever back to the ``airbrakes
out'' position. From 1988 onwards, modifications were introduced on
the production line to incorporate a modified friction baulking
device such that a force of 12 lbs must be applied to move the
airbrake lever from the ``lift spoiler'' position to the ``airbrakes
out'' position. These modifications were also made available as an
optional in-service retrofit.
For the reasons described above, this AD requires the
modification of the airbrake lever detent mechanism.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
British Aerospace has issued 146 Modification Service Bulletin 27-
73-00889A&B, Revision 4, dated June 15, 1990. 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 11 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $7,000 per product. Where
the service information lists required parts costs that are covered
under warranty, we have assumed that there will be no charge for these
costs. As we do not control warranty coverage for affected parties,
some parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $7,935 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, Incorporation by
reference, 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:
[[Page 22712]]
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: Docket No. FAA-2010-0434;
Directorate Identifier 2009-NM-221-AD.
Comments Due Date
(a) We must receive comments by June 14, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to BAE Systems (Operations) Limited Model
BAe 146-100A and -200A series airplanes, certificated in any
category, serial numbers as listed in British Aerospace 146
Modification Service Bulletin 27-73-00889A&B, Revision 4, dated June
15, 1990.
Subject
(d) Air Transport Association (ATA) of America Code 27: Flight
Controls.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
The operation of the airbrake lever in the ``airbrakes out'' to
``lift spoiler'' range has been the subject of two occurrence
reports. The lift spoilers on the BAe 146 and Avro 146-RJ aeroplanes
have been designed to deploy on landing to provide aerodynamic
braking and to dump lift to ensure that the wheel brakes can provide
the necessary speed reduction.
A review of the changing operational profile of the aeroplane
type concluded that its proven short field performance has
increasingly been exploited in recent years by a number of operators
worldwide. Frequently, these short field operations are conducted
from airports that are located in mountainous terrain or in close
proximity to bodies of water, leaving fewer margins for error, e.g.
landing long or at (too) high speed.
The effects of deceleration and landing inertia loads can cause
uncommanded movement of the airbrake selector lever from the ``lift
spoiler'' position to the ``airbrakes out'' position, causing the
lift spoilers to retract during the landing roll. This condition, if
not corrected, would increase the landing distance, possibly
resulting in a runway overrun and consequent injury to aeroplane
occupants.
On certain BAe 146 aeroplanes, without modifications HCM00889A
and B or modifications HCM00889A and C incorporated, negligible
force is required to move the airbrake lever back to the ``airbrakes
out'' position. From 1988 onwards, modifications were introduced on
the production line to incorporate a modified friction baulking
device such that a force of 12 lbs must be applied to move the
airbrake lever from the ``lift spoiler'' position to the ``airbrakes
out'' position. These modifications were also made available as an
optional in-service retrofit.
For the reasons described above, this AD requires the
modification of the airbrake lever detent mechanism.
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Actions
(g) Do the following actions.
(1) Within 12 months after the effective date of this AD, modify
the airbrake lever detent mechanism, in accordance with the
Accomplishment Instructions of British Aerospace 146 Modification
Service Bulletin 27-73-00889A&B, Revision 4, dated June 15, 1990.
(2) Modifying the airbrake lever detent mechanism is also
acceptable for compliance with paragraph (g)(1) of this AD, if done
before the effective date of this AD in accordance with the
Accomplishment Instructions of British Aerospace 146 Modification
Service Bulletin 27-73-00889A&B, Revision 3, dated August 1, 1989.
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service information
as follows: While European Aviation Safety Agency (EASA) AD 2009-
0206, dated September 30, 2009, considers Revision 0, 1, or 2 of
British Aerospace 146 Modification Service Bulletin 27-73-00889A&B
as an acceptable method of compliance, this AD does not. However,
operators may request for approval of an alternative method of
compliance in accordance with the procedures specified in paragraph
(h)(1) of this AD.
Other FAA AD Provisions
(h) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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,
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 principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
(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 (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.
Related Information
(i) Refer to MCAI EASA Airworthiness Directive 2009-0206, dated
September 30, 2009; and British Aerospace 146 Modification Service
Bulletin 27-73-00889A&B, Revision 4, dated June 15, 1990; for
related information.
Issued in Renton, Washington, on April 23, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-10111 Filed 4-29-10; 8:45 am]
BILLING CODE 4910-13-P