[Federal Register Volume 68, Number 247 (Wednesday, December 24, 2003)]
[Proposed Rules]
[Pages 74532-74534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31441]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-148-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 all BAE Systems (Operations) 
Limited Model BAe 146 series airplanes. This proposal would require 
repetitive general visual inspections of the inside of the condenser 
regenerative air ducts, air cycle machine turbine outlet, and the jet 
pump ducts on each air conditioning pack to detect oil and/or oil 
breakdown products leaking from the engine(s) or auxiliary power unit 
(APU). This proposal would also require further inspections and 
replacement of any affected engine, APU, or component with a 
serviceable part, if necessary. This action is necessary to prevent 
impairment of the operational skills and abilities of the flight crew 
caused by oil or oil breakdown products in the cabin air, 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 January 23, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-148-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-148-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 or 2000 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:
    [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-148-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-148-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 all BAE Systems (Operations) Limited Model BAe 
146 series airplanes. The CAA advises that flight crews have reported 
four incidents in which they experienced various levels of impaired 
performance when flying the affected airplane models. The root cause of 
the impairment has not been identified; however, circumstantial 
evidence indicates that a possible cause is an agent or agents released 
from oil and/or oil breakdown products that leak from the engine(s) or 
auxiliary power unit (APU) and contaminate the environmental control 
system (ECS), and are possibly released into the cabin air. Oil or oil 
breakdown products in the cabin air, if not corrected, could result in 
possible impairment of the operational skills and abilities of the 
flight crew, and possible reduced controllability of the airplane.

Explanation of Relevant Service Information

    BAE Systems (Operations) Limited has issued Service Bulletin 
ISB.21-150, Revision 2, dated October 24, 2002, which describes 
procedures for repetitive general visual inspections of the inside of 
the condenser regenerative air ducts, air cycle machine turbine outlet, 
and the jet pump ducts on each air conditioning pack to detect oil and/
or oil breakdown products leaking from the engine(s) or APU and 
contaminating the ECS and cabin air supply. This

[[Page 74533]]

service bulletin also describes procedures for detailed inspections and 
replacement of any affected engine, APU, or component of the engine or 
APU with serviceable parts if oil contamination is found or if a cabin 
air quality problem is suspected of being associated with oil 
contamination of the air supply. 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 002-03-2001, 
dated March 21, 2001, to ensure 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 us informed 
of the situation described above. We have 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 Proposed Rule and Referenced Service Bulletin

    Operators should note that although the service bulletin specifies 
to complete and return an inspection reporting sheet to the 
manufacturer, this proposed AD does not include such a requirement.

Interim Action

    We consider this proposed AD interim action. If final action is 
later identified, we may consider further rulemaking then.

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 general visual 
inspection, and that the average labor rate is $65 per work hour. Based 
on these figures, the cost impact of the proposed AD on U.S. operators 
is estimated to be $2,600, or $130 per airplane, per inspection cycle.
    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-148-AD.

    Applicability: All Model BAe 146 series airplanes, certificated 
in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent impairment of the operational skills and abilities of 
the flight crew caused by oil or oil breakdown products in the cabin 
air, which could result in reduced controllability of the airplane, 
accomplish the following:

Service Bulletin Reference

    (a) The following information pertains to the service bulletin 
referenced in this AD:
    (1) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Service Bulletin ISB.21-150, Revision 2, dated October 24, 2002.
    (2) Inspections and corrective actions accomplished before the 
effective date of this AD per BAE Systems (Operations) Limited 
Service Bulletin ISB.21-150, dated March 20, 2001; or BAE Systems 
(Operations) Limited Service Bulletin ISB.21-150, Revision 1, dated 
January 29, 2002; are acceptable for compliance with the 
corresponding actions required by this AD.

Initial Inspection

    (b) Within 500 flight cycles after the effective date of this 
AD: Perform a general visual inspection of the inside of both the 
condenser regenerative air ducts, air cycle machine turbine outlet, 
and the jet pump ducts on each air conditioning pack for the 
presence of oil contamination, per the service bulletin.

    Note 1: 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 from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight 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.''

Repetitive Inspections

    (c) If no oil contamination is found during the inspection 
required by paragraph (b) of this AD: Repeat the inspection at 
intervals not to exceed 500 flight cycles in accordance with the 
service bulletin.

Detailed Inspection and Replacement

    (d) If any oil contamination is found during the inspection 
required by paragraph (b) of this AD: Before further flight, perform 
a

[[Page 74534]]

detailed inspection of any affected engine, APU, or component of the 
engine(s) or APU to determine the cause of the oil contamination per 
the service bulletin.
    (1) If the cause of the oil contamination is found: Except as 
provided by paragraph (f) of this AD, before further flight, remove 
any affected engine, APU, or component and replace it with a 
serviceable part in accordance the service bulletin. Repeat the 
general visual inspection required by paragraph (b) of this AD at 
intervals not to exceed 500 flight cycles in accordance with the 
service bulletin.
    (2) If the cause of the oil contamination is not found, repeat 
the inspection required by paragraph (b) of this AD at intervals not 
to exceed 50 flight cycles in accordance with the service bulletin.

    Note 2: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

Inspection and Repair Following Air Quality Problems

    (e) If any cabin air quality problem, whether intermittent or 
persistent, is reported that is suspected of being associated with 
oil contamination of the air supply from the environmental control 
system packs: Before further flight, perform the detailed inspection 
and any necessary corrective action required by paragraph (d) of 
this AD in accordance with the service bulletin.

Continued Operation Without Replacement

    (f) Airplanes may be operated without accomplishing the 
replacement(s) required by paragraph (d)(1) of this AD under the 
conditions described in paragraphs 2.E.(1), 2.E.(2), and 2.E.(3) of 
the service bulletin, and in accordance with the provisions and 
limitations specified in the operator's Master Minimum Equipment 
List (MMEL). Repeat the inspection required by paragraph (b) of this 
AD at intervals not to exceed 500 flight cycles in accordance with 
the service bulletin.

Parts Installation

    (g) As of the effective date of this AD, no person may install 
on any airplane an engine, APU, or component that has been removed 
per paragraph (d)(1) of this AD, unless it has been cleaned in 
accordance with paragraph 2.H. of the service bulletin.

No Reporting Requirements

    (h) Although the service bulletin referenced in this AD 
specifies to submit certain information to the manufacturer, this AD 
does not include such a requirement.

Alternative Methods of Compliance

    (i) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA, is authorized 
to approve alternative methods of compliance for this AD.

    Note 3: The subject of this AD is addressed in British 
airworthiness directive 002-03-2001, dated March 21, 2001.


    Issued in Renton, Washington, on December 12, 2003.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-31441 Filed 12-23-03; 8:45 am]
BILLING CODE 4910-13-P