[Federal Register Volume 68, Number 48 (Wednesday, March 12, 2003)]
[Proposed Rules]
[Pages 11760-11762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5859]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-271-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146 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 series airplanes. This proposal would require 
modification of the flight annunciator box. This action is necessary to 
prevent traffic collision avoidance system (TCAS) aural messages and 
resolution advisories of the TCAS from being inhibited following a 
ground proximity warning system alert or test message, which could 
prevent the TCAS from providing attention-getting alerts, and could 
result in the consequent possibility of a mid-air collision or near 
mid-air collision. This action is intended to address the identified 
unsafe condition.

DATES: Comments must be received by April 11, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-271-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-271-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, 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

[[Page 11761]]

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:
    [sbull] 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.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] 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-271-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-271-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 series airplanes. The CAA advises that the manufacturer 
investigated an in-service problem and identified a specific 
combination of airplane modifications that can inhibit the traffic 
alert and collision avoidance system (TCAS). These airplane 
modifications interact with certain annunciator dimmer settings and 
cause aural messages and resolution advisories of the TCAS to remain 
inhibited following a ground proximity warning system alert or test 
message. This condition, if not corrected, could prevent the TCAS from 
providing attention-getting alerts, and could result in the consequent 
possibility of a mid-air collision or near mid-air collision.

Explanation of Relevant Service Information

    BAE Systems (Operations) Limited has issued Modification Service 
Bulletin SB.34-339-50261Y, dated April 11, 2001, which describes 
procedures for modification of the flight annunciator box. The 
modification includes installing two diode modules with associated 
wiring, and re-routing existing wiring. 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 003-04-2001 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 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 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.

Differences Between the Proposed AD and Relevant Service Information

    Operators should note that, although the referenced service 
bulletin describes procedures for completing and submitting a sheet 
recording compliance with the service bulletin, this proposed AD would 
not require those actions.

Cost Impact

    The FAA estimates that 20 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 2 work 
hours per airplane to accomplish the proposed modification, and that 
the average labor rate is $60 per work hour. Required parts would cost 
approximately $250 per airplane. Based on these figures, the cost 
impact of the proposed AD on U.S. operators is estimated to be $7,400, 
or $370 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 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:

[[Page 11762]]

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-271-AD.

    Applicability: Model BAe 146 series airplanes on which 
Modifications HCM50261X; HCM01077L or HCM50273B; and HCM50040E or 
HCM50040N; have been installed; 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 (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 aural messages and resolution advisories of the 
traffic collision avoidance system (TCAS) from being inhibited 
following a ground proximity warning system alert or test message, 
which could prevent the TCAS from providing attention-getting 
alerts, and could result in the consequent possibility of a mid-air 
collision or near mid-air collision, accomplish the following:

Modification

    (a) Within 1 year after the effective date of this AD: Modify 
the flight annunciator box (including installing 2 diode modules 
with associated wiring, and re-routing existing wiring), per the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Modification Service Bulletin SB.34-339-50261Y, dated April 11, 
2001. Although paragraph 2.F.(2) of the Accomplishment Instructions 
references a reporting requirement, such reporting is not 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, 
Transport Airplane Directorate, FAA. Operators shall submit their 
requests through an appropriate FAA Principal Avionics Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.

    Note 2: 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.

    Note 3: The subject of this AD is addressed in British 
airworthiness directive 003-04-2001.


    Issued in Renton, Washington, on March 5, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-5859 Filed 3-11-03; 8:45 am]
BILLING CODE 4910-13-P