[Federal Register Volume 67, Number 3 (Friday, January 4, 2002)]
[Rules and Regulations]
[Pages 494-495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-90-AD; Amendment 39-12588; AD 2001-26-22]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain BAE Systems (Operations) Limited Model Avro 146-
RJ series airplanes, that requires 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 failure of the S4 and S5 static pipes and consequent failure of 
the maximum differential pressure protection for the airplane, which 
could lead to the fuselage of the airplane being overstressed and 
result in reduced structural integrity of the airplane. This action is 
intended to address the identified unsafe condition.

DATES: Effective February 8, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 8, 2002.

ADDRESSES: The service information referenced in this AD may be 
obtained from British Aerospace Regional Aircraft American Support, 
13850 Mclearen Road, Herndon, Virginia 20171. This information may be 
examined at the Federal Aviation Administration (FAA), Transport 
Airplane Directorate, Rules Docket, 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: 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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain BAE Systems (Operations) 
Limited Model Avro 146-RJ series airplanes was published in the Federal 
Register on August 23, 2001 (66 FR 44311). That action proposed to 
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.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the single comment received.

Revised Statement of Unsafe Condition

    The commenter, the airplane manufacturer, requests that the FAA 
revise the wording of the statement of unsafe condition as it appears 
in several sections of the proposed AD. The proposed AD states the 
unsafe condition as ``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.'' 
The commenter states that the consequence of holes in the static pipes 
is more accurately characterized as ``erroneous input into 
instrumentation associated with the maximum differential pressure 
protection for the aircraft.''
    The FAA concurs. Upon further review of the detail of the design 
and function of the S4 and S5 static types, we agree that the primary 
purpose of the S4 and S5 static pipes is maintenance of the maximum 
differential pressure protection for the airplane. If these pipes fail, 
the maximum differential pressure protection will fail, which could 
lead to the fuselage of the airplane being overstressed and result in 
reduced structural integrity of the airplane. Therefore, we have 
revised the statement of unsafe condition in the Summary section and 
the body of this AD accordingly.

Explanation of Change to Applicability Statement

    The applicability statement of the proposed AD reads, ``Model Avro 
146-RJ series airplanes * * * on which modification HCM01080W has been 
performed.'' For clarity, we have revised the wording of the 
applicability statement in this final rule to read, ``Model Avro 146-RJ 
series airplanes * * * on which modification HCM01080W is installed.''

Conclusion

    After careful review of the available data, including the comment 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes described 
previously. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    The FAA estimates that 42 Model Avro 146-RJ series airplanes of 
U.S. registry will be affected by this AD, that it will take 
approximately 1 work hour per airplane to accomplish the required 
inspection, and that the average labor rate is $60 per work hour. Based 
on these figures, the cost impact of this 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 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

[[Page 495]]

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 adopted herein will 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 final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it 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 adding the following new 
airworthiness directive:

2001-26-22  BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-12588. Docket 2001-NM-90-
AD.

    Applicability: Model Avro 146-RJ series airplanes, certificated 
in any category, on which modification HCM01080W is installed.

    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 failure of the S4 and S5 static pipes of the pitot 
static system and consequent failure of the maximum differential 
pressure protection for the airplane, which could lead to the 
fuselage of the airplane being overstressed and result in reduced 
structural integrity 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 ISB.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 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 
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.

Incorporation by Reference

    (d) Except as provided by paragraph (a)(1) of this AD, the 
actions shall be done in accordance with BAE Systems (Operations) 
Limited Inspection Service Bulletin ISB.34-338, dated February 14, 
2001. 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 Regional 
Aircraft American Support, 13850 Mclearen Road, Herndon, Virginia 
20171. 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.

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

Effective Date

    (e) This amendment becomes effective on February 8, 2002.

    Issued in Renton, Washington, on December 26, 2001.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-7 Filed 1-3-02; 8:45 am]
BILLING CODE 4910-13-U