[Federal Register Volume 66, Number 209 (Monday, October 29, 2001)]
[Proposed Rules]
[Pages 54466-54468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27072]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-150-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146-200A 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 BAe 146-200A series airplanes. This proposal would 
require replacement of the signal summing units (SSUs) for the stall 
identification system with new, improved parts. This action is 
necessary to prevent stall identification and stall warning signals 
from occurring at the same time, leading the flight crew to take action 
based on erroneous information, which could result in reduced 
controllability of the airplane. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by November 28, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation

[[Page 54467]]

Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-150-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 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-150-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-150-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-150-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 
BAe 146-200A series airplanes. The CAA advises that certain signal 
summing units (SSUs) for the stall identification system have an 
incorrect speed law calibration in the range of 200 to 230 knots. This 
condition, if not corrected, could result in stall identification and 
stall warning signals occurring at the same time, leading the flight 
crew to take action based on erroneous information, which could result 
in reduced controllability of the airplane.

Explanation of Relevant Service Information

    BAE Systems (Operations) Limited has issued Modification Service 
Bulletin SB.27-109-00503C, Revision 3, dated March 19, 2001, which 
describes procedures for replacing SSUs having part number C81606-3 
with new SSUs having part number C81606-5. Accomplishment of the 
actions specified in the service bulletin is intended to adequately 
address the identified unsafe condition. The CAA classified this 
service bulletin as mandatory and issued British airworthiness 
directive 009-06-90 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 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 FAA's Determination

    British airworthiness directive 009-06-90 was originally issued in 
May 1991. To assist in our determination of whether it is necessary to 
propose a parallel action, the FAA has reviewed the available 
information relevant to the identified unsafe condition. We also have 
contacted the single operator known to have affected U.S.-registered 
airplanes and determined that the identified unsafe condition has been 
addressed on those airplanes. However, to ensure that all affected 
airplanes are accounted for, we find that issuance of a proposed AD is 
warranted. The proposed AD would also ensure that the unsafe condition 
would be addressed on any subject airplane currently operated by a non-
U.S. operator under foreign registry if that airplane is imported and 
placed on the U.S. Register in the future.

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 Proposed AD and Service Bulletin

    This proposed AD differs from the service bulletin with regard to 
compliance time. The service bulletin recommends that the replacement 
of SSUs be accomplished (based on the original issue of the service 
bulletin) before May 31, 1991. This proposed AD would require the 
replacement of SSUs with new SSUs within one year after the effective 
date of this AD. In developing an appropriate compliance time for this 
AD, the FAA considered not only the manufacturer's recommendation, but 
the degree of urgency associated with

[[Page 54468]]

addressing the subject unsafe condition, the average utilization of the 
affected fleet, and the time necessary to perform the replacement 
(estimated at one hour). In light of all of these factors, the FAA 
finds a one-year compliance time for completing the proposed actions to 
be warranted, in that it represents an appropriate interval of time 
allowable for affected airplanes to continue to operate without 
compromising safety.

Cost Impact

    The FAA estimates that 12 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 replacement, and that the 
average labor rate is $60 per work hour. Required parts would cost 
between $23,747 and $29,688 per airplane. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
between $285,684 and $356,976, or between $23,807 and $29,748 per 
airplane.
    The cost impact figures discussed above are 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 proposed 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-150-AD.

    Applicability: Model BAe 146-200A series airplanes, as listed in 
BAE Systems Modification Service Bulletin SB.27-109-00503C, Revision 
3, dated March 19, 2001; certificated in any category.

    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 (c) 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 stall identification and stall warning signals from 
occurring at the same time, leading the flight crew to take action 
based on erroneous information, which could result in reduced 
controllability of the airplane, accomplish the following:

Replacement

    (a) Within 1 year after the effective date of this AD, replace 
signal summing units (SSUs), part number C81606-3, for the stall 
identification system with new SSUs having part number C81606-5, 
according to BAE Systems Modification Service Bulletin SB.27-109-
00503C, Revision 3, dated March 19, 2001.

    Note 2: Replacement of SSUs having part number C81606-3 with new 
SSUs having part number C81606-5 accomplished according to British 
Aerospace Service Bulletin SB.27-109-00503C, Revision 1, dated 
November 12, 1990; or Revision 2, dated February 4, 2000; is 
acceptable for compliance with paragraph (a) of this AD.

Spares

    (b) As of the effective date of this AD, no person shall install 
an SSU, part number C81606-3, on any airplane.

Alternative Methods of Compliance

    (c) 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, 
Transport Airplane Directorate, FAA. 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

    (d) 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.

    Note 4: The subject of this AD is addressed in British 
airworthiness directive 009-06-90.


    Issued in Renton, Washington, on October 22, 2001.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-27072 Filed 10-26-01; 8:45 am]
BILLING CODE 4910-13-U