[Federal Register Volume 69, Number 73 (Thursday, April 15, 2004)]
[Proposed Rules]
[Pages 19954-19956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8536]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-94-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 detailed inspections of the inside of each air conditioning 
sound-attenuating duct, and corrective actions as necessary. This 
action is necessary to prevent impairment of the operational skills and 
abilities of the flightcrew caused by the inhalation of agents released 
from oil or oil breakdown products, 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 May 17, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-94-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-94-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-94-AD.'' The postcard will be date stamped and 
returned to the commenter.

[[Page 19955]]

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-94-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 incidents have been reported 
involving impaired performance of the flightcrew. The impaired 
performance may have resulted from the flightcrew's inhalation of 
agents released from the breakdown of oil, which leaked and 
contaminated the environmental control system; or from unidentified 
cabin/flight deck odors. The preliminary investigations did not provide 
substantiating evidence indicating that the inhalation of oil or oil 
breakdown products could impair flightcrew performance. However, more 
extensive investigations are being done to determine the nature of any 
agents that may be released into the cabin/flight deck environments and 
to identify any necessary corrective actions. While these 
investigations are being done, oil leaks and cabin/flight deck odors 
should be regarded as potential threats to flight safety. The 
possibility of odors and toxic fumes entering the cabin/flight deck, if 
not corrected, could result in impairment of the operational skills and 
abilities of the flightcrew, caused by the inhalation of agents 
released from oil or oil breakdown products, which could result in 
reduced controllability of the airplane.

Explanation of Relevant Service Information

    BAE Systems (Operations) Limited has issued Inspection Service 
Bulletin ISB.21-156, dated October 31, 2002, which describes procedures 
for repetitive inspections of each air conditioning sound-attenuating 
duct for the presence of oil contamination, and corrective action as 
necessary. These procedures include inspecting for signs of 
contamination on the inside of the mixing chamber duct/filter housing 
of each air conditioning sound-attenuating duct. The service bulletin 
also includes the criteria for distinguishing between normal 
contamination and oil contamination on the inside of the ducts to 
determine if a duct should be considered contaminated. The rejection 
criteria include:
     Squeezing the inner and outer skins of the 
sound-attenuating duct together. Any evidence of oil seepage through 
the inner surface of the duct is unacceptable.
     Using the sense of smell. Any strong and obvious 
odor of oil, sweaty socks, ``locker rooms,'' or rancid cheese may 
indicate the presence of oils or oil breakdown products. The service 
bulletin recommends that operators determine if any odor from the duct 
is consistent with previous flightcrew or passenger complaints of odor 
in the flight deck/cabin.
    The corrective actions include replacing any contaminated sound-
attenuating duct with new parts, and cleaning the mixing chamber duct/
filter housing.
    The CAA classified this service bulletin as mandatory and issued 
British airworthiness directive 003-10-2002 to ensure the continued 
airworthiness of these airplanes in the United Kingdom.

Related AD

    The FAA has issued a related AD, AD 2004-05-11, amendment 39-13506 
(69 FR 11297, March 10, 2004), which is applicable to all BAE Systems 
(Operations) Limited Model BAe 146 series airplanes. Among other 
things, that AD requires 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. This action proposes a 
detailed inspection of the inside of each of the four air conditioning 
sound-attenuating ducts for the presence of contamination from oil and/
or oil breakdown products on the same model airplanes.

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 AD

    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 Among the British Airworthiness Directive, Service 
Bulletin, and Proposed AD

    The British airworthiness directive and the service bulletin both 
specify that the inspection should be done at the next ``A-check,'' or 
within 500 flights after November 30, 2002; and repeated at every ``C-
check.'' Because ``A-check'' and ``C-check'' schedules vary among 
operators, this proposed AD would require accomplishment of the 
inspection within 120 days or 500 flight cycles after the effective 
date of this proposed AD, whichever is first, and repetitive 
inspections thereafter at intervals not to exceed 4,000 flight cycles. 
We find that a compliance time of 120 days or 500 flight cycles after 
the effective date of the AD, whichever is first, and repetitive 
inspections thereafter at intervals not to exceed 4,000 flight cycles, 
are appropriate for affected airplanes to continue to operate without 
compromising safety. Although the Accomplishment Instructions of the 
service bulletin specify to report inspection results to the 
manufacturer, this proposed AD does not require that action.

Clarification of Type of Inspection

    The British airworthiness directive and the service bulletin 
specify that operators do an inspection of the inside of each air 
conditioning sound-attenuating duct. This proposed AD requires a 
``detailed'' inspection. Note 1 has been included in this proposed AD 
to define this type of inspection.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

Cost Impact

    We estimate that 20 airplanes of U.S. registry would be affected by 
this proposed AD, and that it would take approximately 5 work hours per 
airplane to accomplish the proposed inspections. 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

[[Page 19956]]

$6,500, or $325 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 2003-NM-94-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 flightcrew caused by the inhalation of agents released from oil 
or oil breakdown products, which could result in reduced 
controllability of the airplane, accomplish the following:

Repetitive Inspections and Corrective Action

    (a) Within 120 days or 500 flight cycles after the effect date 
of this AD, whichever is first: Do a detailed inspection of the 
inside of each of the four air conditioning sound-attenuating ducts 
for the presence of oil contamination, and corrective actions as 
applicable. Do all of the applicable actions per BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.21-156, dated 
October 31, 2002. Any corrective action must be done before further 
flight. Repeat the inspection thereafter at intervals not to exceed 
4,000 flight cycles.

    Note 1: 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.''

Submission of Information Not Required

    (b) Although the service bulletin specifies to report inspection 
results 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 2: The subject of this AD is addressed in British 
airworthiness directive 003-10-2002.


    Issued in Renton, Washington, on April 6, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-8536 Filed 4-14-04; 8:45 am]
BILLING CODE 4910-13-P