[Federal Register Volume 69, Number 118 (Monday, June 21, 2004)]
[Proposed Rules]
[Pages 34312-34314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13916]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 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. 118 / Monday, June 21, 2004 / 
Proposed Rules  

[[Page 34312]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-90-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 supersedure of an existing 
airworthiness directive (AD), applicable to certain BAe Systems 
(Operations) Limited Model BAe 146 and Avro 146-RJ series airplanes, 
that currently requires identifying the part numbers of discharge 
valves and cabin pressure controllers, and related investigative and 
corrective actions if necessary. This action would require identifying 
the part number of an additional cabin pressure controller, and related 
investigative and corrective actions if necessary. The actions 
specified by the proposed AD are intended to prevent the installation 
of incorrect pressurization discharge valves and cabin pressure 
controllers, which could subject the airframe to excess stress and 
adversely affect the airframe fatigue life. This action is intended to 
address the identified unsafe condition.

DATES: Comments must be received by July 21, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-90-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-90-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-90-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-90-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On July 25, 2001, the FAA issued AD 2001-15-23, amendment 39-12358 
(66 FR 40864, August 6, 2001), applicable to certain BAe Systems 
(Operations) Limited Model BAe 146 and Avro 146-RJ series airplanes, to 
require identifying the part numbers of discharge valves and cabin 
pressure controllers, and replacing them with new parts if necessary. 
That action was prompted by reports indicating that incorrect front 
and/or rear pressurization discharge valves were found installed on 
some affected airplanes. In addition, it is possible that some 
operators may have installed incorrect flight deck-mounted cabin 
pressure controllers. Because of pressurization problems associated 
with use of the incorrect discharge valves and cabin pressure 
controllers, the airframe may be subject to excess stress, which could 
adversely affect the airframe fatigue life. The requirements of that AD 
are intended to prevent the installation of incorrect pressurization 
discharge valves and cabin pressure controllers.

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, the manufacturer discovered that a 
requirement to identify the part number of the cabin pressure 
controller that is calibrated in inches of mercury was omitted from BAe 
Systems (Operations) Limited Inspection Service Bulletin ISB.21-148, 
Revision 1, dated February 6, 2001. (The part number specified in

[[Page 34313]]

that service bulletin was only for a cabin pressure controller that is 
calibrated in millibars.) That service bulletin was referenced as the 
appropriate source of service information in AD 2001-15-23.

Explanation of Relevant Service Information

    BAe Systems (Operations) Limited has issued Inspection Service 
Bulletin ISB.21-155, dated February 15, 2002, which describes 
procedures for identifying the part numbers of the front and rear 
pressurization discharge valves and the cabin pressure controllers, and 
related investigative and corrective actions. The corrective actions 
include replacing any incorrect part with a new, correct part. The 
related investigative action includes a repetitive structural 
inspection after the replacement of an incorrect part. For airplanes 
equipped with certain auto-pressurization equipment (installed during 
BAe Systems Modification HCM50258A), the service bulletin recommends 
limiting the airplane ceiling until the incorrect parts can be 
replaced. Accomplishment of the actions specified in the service 
bulletin is intended to adequately address the identified unsafe 
condition. The Civil Aviation Authority (CAA), which is the 
airworthiness authority for the United Kingdom, classified this service 
bulletin as mandatory and issued British airworthiness directive 004-
02-2002 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 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 supersede AD 2001-15-23 to 
continue to require identifying the part numbers of discharge valves 
and cabin pressure controllers, and related investigative and 
corrective actions. This amendment also would require identifying the 
part number of the cabin pressure controller that is calibrated in 
inches of mercury and related investigative and corrective actions. The 
actions would be required to be accomplished in accordance with BAe 
Systems (Operations) Limited Inspection Service Bulletin ISB.21-155, 
dated February 15, 2002, described previously, except as discussed 
below.

Difference Between Proposed AD and Service Information

    Although the service bulletins referenced in this proposed AD 
specify to submit certain information to the manufacturer, and to 
return certain parts to the part manufacturer, this proposed AD would 
not include such a requirement.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. Because we have now included this material in part 39, only 
the office authorized to approve AMOCs is identified in each individual 
AD; therefore, paragraph (d) and Note 1 of AD 2001-15-23 are not 
included in this proposed AD.

Cost Impact

    There are approximately 20 airplanes of U.S. registry that would be 
affected by this proposed AD.
    The actions that are currently required by AD 2001-15-23 and 
continued in this proposed AD take approximately 3 work hours per 
airplane to accomplish, at an average labor rate of $65 per work hour. 
Based on these figures, the cost impact of the currently required 
actions on U.S. operators is estimated to be $3,900, or $195 per 
airplane.
    The new actions that are proposed in this AD would take 
approximately 3 work hours to accomplish, at an average labor rate of 
$65 per work hour. Based on these figures, the cost impact of the 
proposed requirements on U.S. operators is estimated to be $3,900, or 
$195 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or 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 removing amendment 39-12358 (66 FR 
40864, August 6, 2001), and by adding a new airworthiness directive 
(AD), to read as follows:

BAE Systems (Operations) Limited (Formerly British Aerospace 
Regional Aircraft): Docket 2002-NM-90-AD. Supersedes AD 2001-15-23, 
Amendment 39-12358.


[[Page 34314]]


    Applicability: Model BAe 146 and Avro 146-RJ series airplanes, 
certificated in any category, as listed in BAe Systems (Operations) 
Limited Inspection Service Bulletin ISB.21-155, dated February 15, 
2002.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent the installation of incorrect pressurization 
discharge valves and cabin pressure controllers, which could subject 
the airframe to excess stress and adversely affect the airframe 
fatigue life, accomplish the following:

Restatement of Certain Requirements of AD 2001-15-23

Part Identification

    (a) As specified in paragraph (a)(1) or (a)(2) of this AD, as 
applicable: Identify the part numbers of the pressurization 
discharge valves and cabin pressure controllers to determine if any 
installed part is incorrect, as defined by and in accordance with 
BAe Systems (Operations) Limited Inspection Service Bulletin ISB.21-
148, Revision 1, dated February 6, 2001; or BAe Systems (Operations) 
Limited Inspection Service Bulletin ISB.21-155, dated February 15, 
2002. As of the effective date of this AD, only BAe Systems 
(Operations) Limited Inspection Service Bulletin ISB.21-155 may be 
used.
    (1) For airplanes post-Modification HCM50258A: Identify the part 
numbers within 30 days after September 10, 2001 (the effective date 
of AD 2001-15-23, amendment 39-12358); and, if any part is 
incorrect, limit the airplane ceiling to 31,000 feet until the 
incorrect part is replaced, as specified by paragraph (c) of this 
AD.
    (2) For airplanes pre-Modification HCM50258A: Identify the part 
numbers within 6 months after September 10, 2001.

New Requirements of This AD

Part Identification

    (b) For airplanes on which the requirements of BAe Systems 
(Operations) Limited Inspection Service Bulletin ISB.21-148, dated 
Revision 1, dated February 6, 2001, were accomplished: At the times 
specified in paragraph (b)(1) or (b)(2) of this AD, as applicable, 
identify the part number of the cabin pressure controller calibrated 
in inches of mercury to determine if any installed part is 
incorrect, in accordance with the Accomplishment Instructions of BAe 
Systems (Operations) Limited Inspection Service Bulletin ISB.21-155, 
dated February 15, 2002.
    (1) For airplanes post-Modification HCM50258A: Identify the part 
numbers within 30 days after the effective date of this AD; and, if 
any part is incorrect, limit the airplane ceiling to 31,000 feet 
until the incorrect part is replaced as specified by paragraph (c) 
of this AD.
    (2) For airplanes pre-Modification HCM50258A: Identify the part 
numbers within 6 months after the effective date of this AD.

Corrective Action

    (c) For any incorrect part identified in accordance with 
paragraphs (a) or (b) of this AD: Within 500 flight cycles after 
identification of the part number, replace the part with a new, 
correct part, in accordance with the Accomplishment Instructions of 
BAe Systems (Operations) Limited Inspection Service Bulletin ISB.21-
148, Revision 1, dated February 6, 2001; or BAe Systems (Operations) 
Limited Inspection Service Bulletin ISB.21-155, dated February 15, 
2002. As of the effective date of this AD, only BAe Systems 
(Operations) Limited Inspection Service Bulletin ISB.21-155 may be 
used. After installation of a correct part, prior to further flight, 
do a structural inspection and accomplish any applicable corrective 
actions, in accordance with a method approved by the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA; 
or the Civil Aviation Authority (CAA) (or its delegated agent).

Credit for Accomplishment of Previous Actions

    (d) Accomplishment of the actions specified in this AD in 
accordance with BAe Systems (Operations) Limited Inspection Service 
Bulletin ISB.21-148, dated November 17, 2000, is acceptable for 
compliance with the corresponding actions required by this AD.

Submission of Inspection Results and Parts Not Required

    (e) Although the service bulletins referenced in this AD specify 
to submit information to the manufacturer, and to return certain 
parts to the part manufacturer, this AD does not include such a 
requirement.

Alternative Methods of Compliance

    (f)(1) In accordance with 14 CFR 39.19, the Manager, 
International Branch, ANM-116, is authorized to approve alternative 
methods of compliance for this AD.
    (2) Alternative methods of compliance, approved previously in 
accordance with AD 2001-15-23, amendment 39-12358, are approved as 
alternative methods of compliance with the applicable actions in 
this AD.

    Note 1: The subject of this AD is addressed in British 
airworthiness directive 004-02-2002.


    Issued in Renton, Washington, on June 9, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-13916 Filed 6-18-04; 8:45 am]
BILLING CODE 4910-13-P