[Federal Register Volume 66, Number 164 (Thursday, August 23, 2001)]
[Proposed Rules]
[Pages 44311-44313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21226]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 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.
 
 ========================================================================
 

  Federal Register / Vol. 66, No. 164 / Thursday, August 23, 2001 / 
Proposed Rules  

[[Page 44311]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-90-AD]
RIN 2120-AA64


Airworthiness Directives; BAe Systems (Operations) Limited Model 
Avro 146-RJ Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain BAe Systems (Operations) 
Limited Model Avro 146-RJ series airplanes. This proposal would require 
a one-time inspection of the S4 and S5 static pipes of the pitot static 
system for discrepancies, and follow-on corrective actions, if 
necessary. This action is necessary to prevent such discrepancies, 
which could result in holes in the static pipes, erroneous input to the 
instrumentation and warning systems associated with the pilot's 
instruments, and consequent reduced controllability of the airplane. 
This action is intended to address the identified unsafe condition.

DATES: Comments must be received by September 24, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-90-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2001-NM-90-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from British Aerospace Regional Aircraft American Support, 
13850 Mclearen Road, Herndon, Virginia 20171. This information may be 
examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, 
SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2001-NM-90-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2001-NM-90-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom, notified the FAA that an unsafe 
condition may exist on certain BAe Systems (Operations) Limited Model 
Avro 146-RJ series airplanes. The CAA advises that several reports of 
chafing of the S4 and S5 static pipes against the starboard outboard 
pipe clamp at frame 18 of the avionics rack were received. Such chafing 
has been attributed to installation of the pipes with inadequate 
clearance between the pipes and adjacent structure during manufacture. 
Such discrepancies, if not corrected, could result in holes in the 
static pipes, erroneous input to the instrumentation and warning 
systems associated with the pilot's instruments, and consequent reduced 
controllability of the airplane.

Explanation of Relevant Service Information

    The manufacturer has issued BAe Systems (Operations) Limited 
Inspection Service Bulletin SB.34-338, dated February 14, 2001, which 
describes procedures for a general visual inspection of the S4 and S5 
static pipes of the pitot static system for discrepancies (i.e., 
chafing, damage to pipes, inadequate clearance), and follow-on 
corrective actions, if necessary. If no chafing is found, follow-on 
actions consist of ensuring that a minimum clearance of 0.10 inch 
exists between the static pipes and the adjacent avionics structure, 
and repositioning the pipes if necessary to achieve this clearance. If 
any chafing is found and has a depth of less than 0.005

[[Page 44312]]

inch, follow-on actions include repairing the chafing damage, adding 
protective coating, and verifying a minimum clearance of 0.10 inch. If 
any chafing is found and exceeds a depth of 0.005 inch and/or only one 
pipe has a hole worn through, follow-on actions include replacing 
discrepant parts with new parts, ensuring that a minimum clearance of 
0.10 inch exists between the static pipes and the adjacent avionics 
structure, and doing a functional test of the pitot static system. 
Accomplishment of the actions specified in the service bulletin is 
intended to adequately address the identified unsafe condition.
    The CAA classified the British Aerospace service bulletin as 
mandatory and issued British airworthiness directive 008-02-2001 in 
order to assure the continued airworthiness of these airplanes in the 
United Kingdom.

FAA's Conclusions

    This airplane model is manufactured in the United Kingdom and is 
type certificated for operation in the United States under the 
provisions of Sec. 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 Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, the proposed AD would require accomplishment of 
the actions specified in the service bulletin described previously, 
except as discussed below.

Difference Between This Proposed AD and the Service Bulletin

    Operators should note that, although the service bulletin specifies 
that the manufacturer may be contacted for disposition of certain 
repair conditions, this proposal would require the repair of those 
conditions to be accomplished per a method approved by either the FAA 
or the CAA (or a delegated agent of the CAA). In light of the type of 
repair that would be required to address the identified unsafe 
condition, and in consonance with existing bilateral airworthiness 
agreements, the FAA has determined that, for this proposed AD, a repair 
approved by either the FAA or the CAA would be acceptable for 
compliance with this proposed AD.

Cost Impact

    The FAA estimates that 42 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 1 work 
hour per airplane to accomplish the proposed inspection, and that the 
average labor rate is $60 per work hour. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$2,520, or $60 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this AD were not adopted. The cost impact figures 
discussed in AD rulemaking actions represent only the time necessary to 
perform the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations proposed herein 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that 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) if promulgated, 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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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 adding the following new 
airworthiness directive:

BAE Systems (Operations) Limited (Formerly British Aerospace 
Regional Aircraft): Docket 2001-NM-90-AD.

    Applicability: Model Avro 146-RJ series airplanes, certificated 
in any category, on which modification HCM01080W has been performed.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 (b) 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 discrepancies of the S4 and S5 static pipes, which 
could result in holes in the pipes, erroneous input to the 
instrumentation and warning systems associated with the pilot's 
instruments, and consequent reduced controllability of the airplane; 
accomplish the following:

General Visual Inspection/Follow-On Corrective Actions

    (a) Within 90 days after the effective date of this AD, do a 
general visual inspection of the S4 and S5 static pipes of the pitot 
static system for discrepancies (i.e., chafing, damage to pipes, 
inadequate clearance), per BAe Systems (Operations) Limited 
Inspection Service Bulletin SB.34-338, dated February 14, 2001.

    Note 2: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or drop-light and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

    (1) If any chafing is found, before further flight, do the 
applicable follow-on actions per

[[Page 44313]]

the Accomplishment Instructions of the service bulletin. Where the 
service bulletin specifies to contact the manufacturer for 
disposition of certain repair conditions, the repair of those 
conditions is to be accomplished per a method approved by either the 
Manager, International Branch, ANM-116, FAA, Transport Airplane 
Directorate; or the Civil Aviation Authority (or its delegated 
agent).
    (2) If no chafing is found and the clearance between the static 
pipes and the adjacent avionics structure is less than 0.10 inch, 
before further flight, do the applicable follow-on actions per the 
Accomplishment Instructions of the service bulletin.
    (3) If no chafing is found and a minimum clearance of 0.10 inch 
exists between the static pipes and the adjacent avionics structure, 
no further action is required by this AD.

Alternative Methods of Compliance

    (b) 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, International Branch, ANM-116. 
Operators shall submit their requests through an appropriate FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, International Branch, ANM-116.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (c) Special flight permits may be issued in accordance with 
Secs. 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.

    Note 4: The subject of this AD is addressed in British 
airworthiness directive 008-02-2001.


    Issued in Renton, Washington, on August 16, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-21226 Filed 8-22-01; 8:45 am]
BILLING CODE 4910-13-P