[Federal Register Volume 61, Number 138 (Wednesday, July 17, 1996)]
[Rules and Regulations]
[Pages 37199-37202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17984]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-162-AD; Amendment 39-9694; AD 96-14-09]
RIN 2120-AA64


Airworthiness Directives; British Aerospace Model BAe 146-100A, -
200A, and -300A Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting Airworthiness Directive (AD) 96-14-09 that was sent previously 
to all known U.S. owners and operators of British Aerospace Model BAe 
146-100A, -200A, and -300A series airplanes by individual notices. This 
amendment supersedes a previously issued AD that currently requires 
installation of a placard prescribing special procedures to be followed 
when operating at certain flight levels with the engine and airframe 
anti-ice switch ON; modification of the air brake auto-retract 
function; and a revision to the Airplane Flight Manual (AFM) to include 
special procedures for operating in certain icing conditions. This new 
amendment adds a requirement to accomplish an additional revision to 
the AFM relative to altitude and operating limitations associated with 
flight in icing conditions above 26,000 feet. This amendment is 
prompted by reports of uncommanded engine thrust reductions

[[Page 37200]]

(rollback) when operating in certain icing conditions that exist in the 
vicinity of thunderstorms. The actions specified by this AD are 
intended to prevent engine power rollback during flight in icing 
conditions, a condition that could result in insufficient power to 
sustain flight.

DATES: Effective July 22, 1996, to all persons except those persons to 
whom it was made immediately effective by AD 96-14-09, issued July 2, 
1996, which contained the requirements of this amendment.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 22, 1996.
    Comments for inclusion in the Rules Docket must be received on or 
before September 16, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 96-NM-162-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.
    The applicable service information may be obtained from British 
Aerospace Holding, Inc., Avro International Aerospace Division, P.O. 
Box 16039, Dulles International Airport, Washington DC 20041-6039. This 
information may be examined at the FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington; or at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, Washington, 
DC.

FOR FURTHER INFORMATION CONTACT: William Schroeder, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 
227-2148; fax (206) 227-1149.

SUPPLEMENTARY INFORMATION: On March 24, 1994, the FAA issued AD 94-07-
09, amendment 39-8867 (59 FR 15042, March 31, 1994), applicable to all 
British Aerospace Model BAe 146-100A, -200A, and -300A airplanes. That 
AD requires:
    1. installation of a placard, which prescribes special procedures 
when operating at certain flight levels with the engine and airframe 
anti-ice switch ON;
    2. modification of the air brake auto-retract function; and
    3. revisions to the FAA-approved Airplane Flight Manual (AFM), 
which prescribe certain altitude and operating limitations and 
procedures.
    That AD was prompted by reports of uncommanded engine thrust 
reductions (rollback) when operating in certain icing conditions that 
exist in the vicinity of thunderstorms. The requirements of that AD are 
intended to prevent engine power rollback during flight in icing 
conditions.

Actions Since Issuance of Previous AD

    Since issuance of that AD, the Civil Aviation Authority (CAA), 
which is the airworthiness authority for the United Kingdom, notified 
the FAA that it has received two additional reports of uncommanded 
engine thrust reductions (rollback) when operating these airplanes in 
icing conditions at altitudes above 26,000 feet. In these incidents, 
the power level of one or more of the engine(s) simultaneously rolled 
back below the level set by the flightcrew. The engines failed to 
respond when the flightcrew attempted to restore power by moving the 
power controls. In one of these incidents, the airplane lost altitude 
before the flightcrew could restart the engines that are needed to 
arrest the descent of the airplane. In addition, some of these engines 
had exceeded their temperature limits during the rollback event and, 
consequently, the flightcrew had to shut down those engines in flight.
    The cause of these engine power rollback incidents has been 
attributed to the accumulation of ice on a stator in the compressor 
section of the engine. If engine power rollback occurs during flight in 
icing conditions, it could result in insufficient power to sustain 
flight.

Explanation of Relevant Service Information

    British Aerospace has issued the following Temporary Revisions (TR) 
to the AFM, all of which are dated July 1996:
    1. TR 32, Issue No. 2, Document No. BAe 3.3 (for Model BAe 146-100A 
airplanes);
    2. TR 44, Issue No. 2, Document No. BAe 3.6 (for Model BAe 146-200A 
airplanes); and
    3. TR 25, Issue No. 2, Document No. BAe 3.11 (for Model BAe 146-
300A airplanes).
    These TR's prescribe certain altitude and operating limitations, 
which prohibit flight into known or forecast icing conditions above an 
altitude of 26,000 feet, and define procedures to be followed when 
icing conditions are inadvertently encountered above 26,000 feet.
    The CAA has approved these AFM revisions and has issued British 
airworthiness directive 003-06-096, dated July 1, 1996, to mandate the 
described limitations and procedures in order to assure the continued 
airworthiness of these airplanes in the United Kingdom.

FAA's Conclusion

    This airplane model is manufactured in the United Kingdom and is 
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. Pursuant 
to this bilateral airworthiness agreement, the CAA has kept the FAA 
informed of the situation described above. The FAA has examined the 
findings of the CAA, reviewed all available information, and determined 
that AD action is necessary for products of this type design that are 
certificated for operation in the United States.

Explanation of Requirements of AD

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of this same type design registered 
in the United States, this airworthiness directive is issued to 
supersede AD 94-07-09. It continues to require installation of a 
placard, which prescribes special procedures when operating at certain 
flight levels with the engine and airframe anti-ice switch ON; and 
modification of the air brake auto-retract function. This new AD also 
requires additional new revisions to the FAA-approved AFM. These new 
revisions prescribe certain altitude and operating limitations, which 
prohibit flight into known or forecast icing conditions above an 
altitude of 26,000 feet, and define procedures to be followed when 
icing conditions are inadvertently encountered above 26,000 feet. The 
AFM revisions are required to be accomplished in accordance with the 
TR's described previously.

Interim Action

    The requirements of this AD are considered to be interim action 
until final action is identified, at which time the FAA may consider 
further rulemaking.

Publication and Effectivity of AD

    Since it was found that immediate corrective action was required, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual notices 
issued on July 2, 1996, to all known U.S. owners and operators of 
British Aerospace Model BAe 146-100A, -200A, and -300A series 
airplanes. These conditions still exist,

[[Page 37201]]

and the AD is hereby published in the Federal Register as an amendment 
to section 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to 
make it effective as to all persons.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications shall identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 96-NM-162-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, may be obtained from the Rules Docket at the 
location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by removing amendment 39-8867 (59 FR 
15042, March 31, 1994), and by adding a new airworthiness directive 
(AD), amendment 39-9694, to read as follows:

96-14-09  British Aerospace Regional Aircraft Limited, Avro 
International Aerospace Division (Formerly British Aerospace, plc; 
British Aerospace Commercial Aircraft Limited): Docket No. 96-NM-
162-AD. Supersedes AD 94-07-09, Amendment 39-8867.

    Applicability: All Model BAe 146-100A, -200A, and -300A 
airplanes, certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this ad is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (e) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent engine power rollback during flight in icing 
conditions above an altitude of 26,000 feet, accomplish the 
following:
    (a) For airplanes listed in British Aerospace Service Bulletin 
SB.11-97-01285A, Revision 1, dated April 3, 1992: Within 30 days 
after December 17, 1992 (the effective date of AD 92-24-09, 
amendment 39-8415), install a placard below the ice protection 
switches on the flight deck overhead panel to include additional 
procedures to be followed when operating at certain flight levels 
with the engine and airframe anti-ice switch ON, in accordance with 
British Aerospace Service Bulletin SB.11-97-01285A, Revision 1, 
dated April 3, 1992.
    (b) For airplanes listed in British Aerospace Service Bulletin 
SB.11-97-01285A, Revision 1, dated April 3, 1992: Within 30 days 
after December 17, 1992 (the effective date of AD 92-24-09, 
amendment 39-8415), modify the air brake auto-retract function, in 
accordance with British Aerospace Service Bulletin SB.11-97-01285A, 
Revision 1, dated April 3, 1992.
    (c) Within 6 days after the effective date of this AD, amend the 
FAA-approved Airplane Flight Manual (AFM) as required by paragraphs 
(c)(1) and (c)(2) of this AD.
    (1) Remove the following Temporary Revisions (TR) from the 
Limitations Section and Normal/Abnormal Procedures Section, as 
applicable:
    (i) For Model BAe 146-100A airplanes: TR 30, Issue No. 2 
(Document No. BAe 3.3), dated February 1994.
    (ii) For Model BAe 146-200A airplanes: TR 41, Issue No. 2 
(Document No. BAe 3.3), dated February 1994, or TR 42, Issue No. 2 
(Document No. BAe 3.3), dated February 1994, as applicable.
    (iii) For Model BAe 146-300A airplanes: TR 23, Issue No. 2 
(Document No. BAe 3.3), dated February 1994.
    (2) Insert the following TR's into the Limitations Section and 
the Normal/Abnormal Procedures/Handling Section, as applicable.
    (i) For Model BAe 146-100A airplanes: TR 32, Issue No. 2 
(Document BAe 3.3), dated July 1996.
    (ii) For Model BAe 146-200A airplanes: TR 44, Issue No. 2 
(Document BAe 3.6), dated July 1996.
    (iii) For Model BAe 146-300A airplanes: TR 25, Issue No. 2 
(Document BAe 3.11), dated July 1996.
    (d) When the TR's specified in paragraph (c)(2) have been 
incorporated into an AFM General Revision, the applicable AFM 
General Revision may be inserted into the corresponding FAA-approved 
AFM, provided the information contained in the AFM General Revision 
corresponds identically to that specified in TR 32, TR 44, or TR 25.
    (e) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Standardization Branch, ANM-113, 
FAA, Transport Airplane Directorate. Operators shall submit their 
requests through an appropriate FAA Principal Operations

[[Page 37202]]

Inspector, who may add comments and then send it to the Manager, 
Standardization Branch, ANM-113.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.

    (f) Special flight permits may be issued in accordance with 
Sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (g) The AFM revisions shall be done in accordance with Temporary 
Revision (TR) 32, Issue No. 2 (Document BAe 3.3), dated July 1996 
(for Model BAe 146-100A airplanes); TR 44, Issue No. 2 (Document BAe 
3.6), dated July 1996 (for Model BAe 146-200A airplanes); and TR 25, 
Issue No. 2 (Document BAe 3.11), dated July 1996 (for Model BAe 146-
300A airplanes); as applicable. This incorporation by reference was 
approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from 
British Aerospace Holding, Inc., Avro International Aerospace 
Division, P.O. Box 16039, Dulles International Airport, Washington 
DC 20041-6039. Copies may be inspected at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 
at the Office of the Federal Register, 800 North Capitol Street, 
NW., suite 700, Washington, DC.
    (h) This amendment becomes effective on July 22, 1996, to all 
persons except those persons to whom it was made immediately 
effective by emergency AD 96-14-09, issued July 2, 1996, which 
contained the requirements of this amendment.

    Issued in Renton, Washington, on July 10, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-17984 Filed 7-16-96; 8:45 am]
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