[Federal Register Volume 69, Number 57 (Wednesday, March 24, 2004)]
[Proposed Rules]
[Pages 13760-13761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6504]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 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. 69, No. 57 / Wednesday, March 24, 2004 / 
Proposed Rules  

[[Page 13760]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-92-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).

-----------------------------------------------------------------------

SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to all BAE Systems (Operations) 
Limited Model Avro 146-RJ series airplanes. This proposal would require 
replacing the existing digital flight guidance computer(s) (DFGC) with 
a new flight computer(s). This action is necessary to prevent a 
premature flare due to an erroneous reading by the DFGC(s) occurring at 
any point on the approach after 1,500 feet plus 10 seconds once 
category III landing status has been achieved, and subsequent reduced 
controllability of the airplane. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by April 23, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-92-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. 2003-NM-92-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:
     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 2003-NM-92-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. 2003-NM-92-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 Avro 
146-RJ series airplanes. The CAA advises that, due to an erroneous 
reading by the digital flight guidance computer (DFGC), once category 
III landing status has been achieved, a premature flare can occur at 
any point on the approach after 1,500 feet plus 10 seconds. This could 
cause the pilot to attempt manual compensation and to apply force to 
the control column while the autopilot is engaged, which can lead to a 
runaway condition of the autotrim. This condition, if not corrected, 
could result in a continued lack of awareness by the flight crew of 
autopilot engagement status and may result in the buildup of 
considerable stick forces, leading to reduced controllability of the 
airplane.

Explanation of Relevant Service Information

    BAE Systems (Operations) Limited has issued Service Bulletin SB.22-
068-70628B, dated November 4, 2002, which describes procedures for 
replacement of the existing digital flight guidance computer(s) (DFGC) 
with a new DFGC(s). 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 001-11-2002 to ensure the 
continued airworthiness of these airplanes in the United Kingdom.

[[Page 13761]]

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 described below.

Difference Between Proposed AD and Service Bulletin

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

Cost Impact

    The FAA estimates that 36 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 actions, and that the 
average labor rate is $65 per work hour. Required parts would cost 
approximately $4,250 per DFGC (some airplanes may have 2 DGFCs. Based 
on these figures, the cost impact of the proposed AD on U.S. operators 
is estimated to be between $4,315 and $8,565 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 2003-NM-92-AD.

    Applicability: All Model Avro 146-RJ series airplanes; 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent a premature flare due to an erroneous reading by the 
DFGC(s) occurring at any point on the approach after 1,500 feet plus 
10 seconds once category III landing status has been achieved, and 
subsequent reduced controllability of the airplane, accomplish the 
following:

Replacement

    (a) Within 29 months after the effective date of this AD, 
replace the existing digital flight guidance computer(s) (DFGC) with 
a new DFGC(s), in accordance with the Accomplishment Instructions of 
BAE Systems (Operations) Limited Service Bulletin SB.22-068-70628B, 
dated November 4, 2002.

Reporting Requirements

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

Alternative Methods of Compliance

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

    Note 1: The subject of this AD is addressed in British 
airworthiness directive 001-11-2002.


    Issued in Renton, Washington, on March 12, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-6504 Filed 3-23-04; 8:45 am]
BILLING CODE 4910-13-P