[Federal Register Volume 70, Number 235 (Thursday, December 8, 2005)]
[Proposed Rules]
[Pages 72942-72945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23776]


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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 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to all BAE Systems (Operations) Limited 
Model BAe 146 and Avro 146-RJ airplanes, that would have required 
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 new action revises the proposed rule by updating and adding 
service information, and changing the compliance time. The actions 
specified by this new proposed AD are intended 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 January 3, 2006.

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 ``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

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to include an airworthiness directive (AD) that is 
applicable to all BAE Systems (Operations) Limited Model BAe 146 and 
Avro 146-RJ airplanes was published as a notice of proposed rulemaking 
(NPRM) in the Federal Register on June 2, 2004 (69 FR 31045). That NPRM 
would have required 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. That NPRM was prompted by a manufacturer's report 
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. That condition, if not corrected, 
could result in reduced controllability of the airplane.

Actions Since Issuance of Previous Proposal

    Due consideration has been given to the comments received in 
response to the original NPRM.

[[Page 72943]]

Request To Include Additional Service Bulletin

    One commenter requests that we revise the NPRM by adding BAE 
Systems (Operations) Limited Modification Service Bulletin SB.27-174-
01692G, dated December 10, 2001. The commenter states that it recently 
initiated a program to accomplish the actions specified in the NPRM and 
states that this service bulletin was needed to properly complete the 
specified modifications. The commenter asserts that this service 
bulletin should also be included in the NPRM.
    We agree with this request. Since the original NPRM was published, 
we have reviewed BAE Systems (Operations) Limited Modification Service 
Bulletin SB.27-169-01692A, Revision 1, dated July 11, 2002. Service 
Bulletin SB.27-169-01692A, Revision 1, refers to Service Bulletin 
SB.27-174-01692G, dated December 10, 2001, as a source of additional 
actions that must be accomplished prior to or concurrently with the 
actions of the other secondary service bulletins specified in Service 
Bulletin SB.27-169-01692A, Revision 1. The other secondary service 
bulletins have also been revised. We have reviewed those revisions and 
revised this supplemental NPRM to include the actions specified in 
Service Bulletin SB.27-174-01692G and to refer to all revised service 
bulletins as appropriate sources of service information to accomplish 
the AD. We have also added new paragraph (b) to this supplemental NPRM 
to give credit for accomplishing the proposed requirements before the 
effective date of this AD using earlier revisions of the service 
information; and have accordingly re-identified existing paragraph (b) 
and subsequent paragraphs in this supplemental NPRM.

Request To Extend Compliance Time

    The same commenter requests that we extend the compliance time of 
the NPRM. The commenter states that it would be very difficult to 
accomplish the proposed modifications within the specified 18-month 
period unless airplane flight schedules are interrupted, which would 
reduce airplane availability and could have a negative impact on the 
flying public. The commenter asserts that the modifications are so 
interconnected that the work cannot be accomplished in sections or in 
multiple overnight maintenance visits. The commenter feels that, since 
the modifications would require more than 80 work hours to accomplish, 
a much more satisfactory compliance time of 30 months would allow 
accomplishing the modifications during the next scheduled heavy 
maintenance visit or C-check with no additional safety risk or adverse 
scheduling consequence to the flying public.
    We partially agree with this request. When we re-examined the 
original issue of BAE Systems (Operations) Limited Modification Service 
Bulletin SB.27-169-01692A, dated December 10, 2001, we determined that 
the compliance time shown in the original NPRM did not accurately 
reflect the service bulletin. Therefore, we are revising paragraph (a) 
of this supplemental NPRM to specify a compliance time of 24 months, 
which reflects the compliance time of the original issue of Service 
Bulletin SB.27-169-01692A. The proposed compliance time should provide 
sufficient time for operators to accomplish the requirements of the AD 
while still maintaining an adequate level of safety causing little 
inconvenience to the flying public. However, as provided by paragraph 
(d) of the AD, we may consider requests for approval of an alternative 
method of compliance (AMOC) if data are submitted to substantiate that 
any requested change in the compliance time would provide an acceptable 
level of safety.

Request To Correct Original Release Date of Service Bulletin

    The same commenter requests that we correct the original release 
date shown for Service Bulletin SB.27-169-01692A. The commenter states 
that the date is incorrect, asserting that it should be December 10, 
2001, not December 10, 2003.
    We partially agree with this request. In the original NPRM, the 
initial release date of Service Bulletin SB.27-169-01692A appears in 
the Discussion section as December 10, 2001, which is correct, but 
appears in paragraph (a) as December 10, 2003, which is a typographical 
error. However, Service Bulletin SB.27-169-01692A has been revised. 
Therefore, we have revised paragraph (a) of this supplemental NPRM to 
refer to Service Bulletin SB.27-169-01692A, Revision 1, dated July 11, 
2002.

Request To Permit Use of Future Revisions of Service Information

    The same commenter and a second commenter request that the NPRM be 
revised to include a statement similar to ``or later approved 
revisions'' of the specified service information. The first commenter 
states that that the specified revisions of the service bulletins are 
outdated and, in many cases, are no longer available to operators and 
asserts that such a statement would allow operators to accomplish 
required actions using any revision of service information. The 
commenter suggests that including the proposed statement rather than 
updating the service information references in the proposed AD would 
provide substantiation to operators for credit for actions performed 
using earlier revisions of service information. The second commenter 
supports the first commenter's request and asserts that many others who 
are concerned with the use of service information also support this 
request. The commenters assert this would greatly relieve the paperwork 
burden for operators and the FAA.
    We do not agree with this request. We cannot use ``or later FAA-
approved revisions'' or any similar phrase in an AD when referring to 
the service document because doing so violates Office of the Federal 
Register (OFR) regulations for approval of materials ``incorporated by 
reference'' in rules. In general terms, we are required by these OFR 
regulations to either publish the service document contents as part of 
the actual AD language, or to submit the service document to the OFR 
for approval as ``referenced'' material, in which case we may only 
refer to such material in the text of an AD. The AD may refer to the 
service document only if the OFR approved it for ``incorporation by 
reference.'' In either case, the document must actually exist. To allow 
operators to use later revisions of the referenced document (issued 
after the revision cited in this AD), either we must revise the AD to 
reference specific later revisions, or operators must request approval 
to use later revisions as an AMOC with this AD as provided by paragraph 
(d) of this AD. We have not changed the supplemental NPRM in this 
regard.

Request To Specify Meteorological Conditions

    One commenter requests that we revise the proposed AD to specify 
what types of meteorological or ``unusual atmospheric'' conditions 
could lead to the type of severe ice buildup described by the original 
NPRM. The commenter states that certain existing industry procedures 
allow flightcrews to avoid or exit atmospheric conditions that can 
cause severe ice accretion, and that apparently no evaluation was made 
of flightcrew ability to control an airplane having a severe ice 
buildup. The commenter asserts that the NPRM should contain procedures 
that allow the flightcrew to detect and exit atmospheric conditions 
that could cause severe ice buildup on the elevator servo

[[Page 72944]]

tabs, and to be aware of changes that may occur to the handling of an 
airplane during a severe ice buildup. The commenter is concerned that 
the NPRM might be addressing only a symptom of a potentially hazardous 
handling characteristic of the airplane in icing conditions.
    We do not agree with this request. The commenter is correct in 
stating that certain existing industry procedures allow flightcrews to 
avoid or exit atmospheric conditions that can cause severe ice 
accretion. However, the awareness and use of such procedures depends on 
flightcrew training, as does flightcrew ability to recognize 
atmospheric conditions that would make those procedures applicable. 
Therefore, any discussion of meteorological conditions or flightcrew 
procedures and ability to safely operate the airplane under such 
conditions exceeds the intent of this AD, which is to correct an unsafe 
condition. We have not changed the supplemental NPRM in this regard.

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

Explanation of Change to Applicability

    We have revised the applicability of the existing AD to identify 
model designations as published in the most recent type certificate 
data sheet for the affected models.

Conclusion

    Since these changes expand the scope and increase the costs of the 
originally proposed rule, we have determined that it is necessary to 
reopen the comment period to provide additional opportunity for public 
comment.

Cost Impact

    The FAA estimates that 55 airplanes of U.S. registry would be 
affected by this supplemental NPRM. Accomplishment of the proposed 
actions specified in the referenced BAE Systems (Operations) Limited 
modification service bulletins would require an approximate number of 
work hours as shown in the following table, at an average labor rate of 
$65 per work hour.

                                              Work Hours and Costs
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                                                                                                     Costs per
 BAE Systems (Operations) Limited modification service bulletin     Parts costs     Work hours       airplane
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SB.27-167-01614C.D.G............................................          $2,937              12          $3,717
SB.27-168-01614EH...............................................             713              40           3,313
SB.27-169-01692A................................................          10,415               8          10,935
SB.27-170-01692E *..............................................             826              20           2,126
SB.27-171-01692F **.............................................             826              12           1,606
SB.27-174-01692G................................................            N.A.               1             65
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* (for Model BAE 146 series airplanes only)
** (for Model Avro 146-RJ series airplanes only)

    Based on these figures, the total cost impact of this proposed AD 
on U.S. operators is estimated to be between $1,079,980 and $1,108,580, 
or between $19,636 and $20,156 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.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

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.


[[Page 72945]]




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 146-100A, -200A, and -300A series 
airplanes and Model Avro 146-RJ70A, 146-RJ85A, and 146-RJ100A 
airplanes, certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    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:
    (a) Within 24 months after the effective date of this AD, 
install linear fluid-filled dampers between each elevator surface 
and the airplane structure on both the left and right sides of the 
airplane and perform the related structural and system 
modifications, by doing all actions in accordance with the 
Accomplishment Instructions of the service bulletins specified in 
Table 1 of this AD; as applicable.

                                          Table 1.--Service Information
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   BAE Systems (Operations) Limited
     modification service bulletin                 Revision level                            Date
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SB.27-167-01614C.D.G..................  2..................................  July 25, 2003.
SB.27-168-01614EH.....................  2..................................  July 25, 2003.
SB.27-169-01692A......................  1..................................  July 11, 2002.
SB.27-170-01692E, including Appendix    3..................................  May 16, 2003.
 1, Revision 1, dated August 27, 2001
 \*\.
SB.27-171-01692F, including Appendix    1..................................  July 10, 2002.
 1, dated March 20, 2001 \**\.
SB.27-174-01692G......................  Original...........................  December 10, 2001.
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 * (for Model BAE 146 series airplanes only)
 ** (for Model Avro 146-RJ series airplanes only)

Credit for Prior Revisions of Service Information

    (b) Actions accomplished before the effective date of this AD in 
accordance with applicable service information listed in Table 2 of 
this AD are considered acceptable for compliance with the 
corresponding actions specified in paragraph (a) of this AD.

                                Table 2.--Prior Revisions of Service Information
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   BAE Systems (Operations) Limited
     modification service bulletin                 Revision level                            Date
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SB.27-167-01614C.D.G..................  Original...........................  January 2, 2001.
SB.27-167-01614C.D.G..................  1..................................  July 11, 2002.
SB.27-168-01614EH.....................  Original...........................  January 22, 2001.
SB.27-168-01614EH.....................  1..................................  July 11, 2002.
SB.27-169-01692A......................  Original...........................  December 10, 2001.
SB.27-170-01692E, including Appendix    Original...........................  March 20, 2001.
 1, dated August 27, 2001 \*\.
SB.27-170-01692E, including Appendix    1..................................  August 27, 2001.
 1, Revision 1, dated August 27, 2001
 \*\.
SB.27-170-01692E, including Appendix    2..................................  July 10, 2002.
 1, Revision 1, dated August 27, 2001
 \*\.
SB.27-171-01692F, including Appendix    Original...........................  March 20, 2001.
 1, dated March 20, 2001 \**\.
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 * (for Model BAE 146 series airplanes only)
 ** (for Model Avro 146-RJ series airplanes only)

No Reporting Requirement

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

Alternative Methods of Compliance

    (d)(1) 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.
    (2) Before using any AMOC approved in accordance with 14 CFR 
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.


    Note 1: The subject of this AD is addressed in British 
airworthiness directive 005-12-2001.


    Issued in Renton, Washington, on November 30, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-23776 Filed 12-7-05; 8:45 am]
BILLING CODE 4910-13-P