[Federal Register Volume 69, Number 106 (Wednesday, June 2, 2004)]
[Proposed Rules]
[Pages 31045-31047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12446]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-172-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146 and Avro 146-RJ 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 and Avro 146-RJ series airplanes. This proposal 
would require installation of a linear fluid-filled damper between each 
elevator surface and the airplane structure on both the left and right 
sides of the airplane, along with related structural and system 
modifications. This action is necessary to prevent pitch oscillation 
(vertical bouncing) of the fuselage due to excessive ice buildup on the 
elevator servo tab, and consequent reduced controllability of the 
airplane. This action is intended to address the identified unsafe 
condition.

DATES: Comments must be received by July 2, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-172-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. 2002-NM-172-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 2002-NM-172-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. 2002-NM-172-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 and Avro 146-RJ series airplanes. The CAA advises that BAE Systems 
(Operations) Limited investigations have determined that, due to 
excessive ice buildup on the elevator servo tab under certain unusual 
atmospheric conditions, pitch oscillation (vertical bouncing) of the 
fuselage can occur. This condition, if not corrected, could result in 
reduced controllability of the airplane.

Explanation of Relevant Service Information

    BAE Systems (Operations) Limited has issued Modification Service 
Bulletin SB.27-169-01692A, dated December 10, 2001, which describes 
procedures for installation of linear fluid-filled dampers between each 
elevator surface and the airplane structure on both the left and right 
sides of the airplane. SB.27-169-01692A also refers to additional BAE 
Systems (Operations) Limited Modification Service Bulletins as 
appropriate sources of information for further actions which must be 
accomplished prior to, or in conjunction with, SB.27-169-01692A. The 
additional service bulletins are:
     SB.27-168-01614EH, dated January 22, 2001, which describes 
procedures for modifying the tailfin top fairing by introducing access 
holes and reinforcement to the fairing, and

[[Page 31046]]

introducing lanyards to the fairing access panels;
     SB.27-167-01614C.D.G, dated January 2, 2001, which 
describes procedures for installation of torsion box and drop-link 
assemblies and elevator brackets, and structural relief and 
reinforcement; and
     SB.27-170-01692E, Revision 2, dated March 20, 2001 (for 
BAE 146 series airplanes only); and SB.27-171-01692F, Revision 1, dated 
March 20, 2001 (for Avro 146-RJ series airplanes only), which describe 
procedures for installing electrical system elements for operation of 
elevator control surface damper bypass valves.
    Accomplishment of the actions specified in the service bulletins is 
intended to adequately address the identified unsafe condition. The CAA 
classified BAE Systems (Operations) Limited Modification Service 
Bulletin SB.27-169-01692A as mandatory and issued British airworthiness 
directive 005-12-2001 to ensure the continued airworthiness of these 
airplanes in the United Kingdom.

FAA's Conclusions

    These airplane models are manufactured in the United Kingdom and 
are 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 bulletins described previously, 
except as discussed below.

Differences Between Proposed AD and Referenced Service Bulletins

    Operators should note that, although the referenced service 
bulletins describe procedures for completing a form recording 
accomplishment of the service bulletin and returning that form to the 
manufacturer, this proposed AD would not require that action. The FAA 
does not need this information from operators.

Cost Impact

    The FAA estimates that 55 airplanes of U.S. registry would be 
affected by this proposed AD. Accomplishment of the proposed actions 
specified in the referenced service bulletins would require an 
approximate number of work hours as shown in Table 1 of this proposed 
AD, at an average labor rate of $65 per work hour.

                                         Table 1.--Work Hours and Costs
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                                                                                                   Total  parts
                   Service bulletin                        Parts costs     Work hours      and  labor
                                                                                                       costs
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SB.27-169-01692A................................................         $10,415               8         $10,935
SB.27-168-01614EH...............................................             713              40           3,313
SB.27-167-01614C.D.G............................................           2,937              12           3,717
SB.27-170-01692E, Revision 2....................................             826              20           2,126
SB.27-171-01692F, Revision 1....................................             826              12           1,606
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    Based on these figures, the cost impact of the proposed AD on U.S. 
operators is estimated to be between $1,076,405 and $1,105,005, or 
between $19,571 and $20,091 per airplane.
    The cost impact figures discussed above are 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 2002-NM-172-AD.

    Applicability: All Model BAe 146 and Avro 146-RJ series 
airplanes, certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.

[[Page 31047]]

    To prevent pitch oscillation (vertical bouncing) of the fuselage 
due to excessive ice buildup on the elevator servo tab, and 
consequent reduced controllability of the airplane, accomplish the 
following:

Modification

    (a) Within 18 months from the effective date of this AD, install 
linear fluid-filled dampers between each elevator surface and 
airplane structure on both the left and right sides of the airplane 
and perform the related structural and system modifications; by 
doing all of the actions in and in accordance with the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Modification Service Bulletin SB.27-169-01692A, dated December 10, 
2003; and additional BAE Systems (Operations) Limited Modification 
Service Bulletins SB.27-168-01614EH, dated January 22, 2001; SB.27-
167-01614C.D.G, dated January 2, 2001; and SB.27-170-01692E, 
Revision 2, dated March 20, 2001 (for Model BAE 146 series 
airplanes) or SB.27-171-01692F, Revision 1, dated March 20, 2001 
(for Model Avro 146-RJ series airplanes), as applicable.

No Reporting Requirement

    (b) Although all referenced service bulletins describe 
procedures for reporting accomplishment to the manufacturer, this AD 
does not require that action.

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 005-12-2001.


    Issued in Renton, Washington, on May 25, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-12446 Filed 6-1-04; 8:45 am]
BILLING CODE 4910-13-P