[Federal Register Volume 71, Number 27 (Thursday, February 9, 2006)]
[Proposed Rules]
[Pages 6681-6683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1762]


 ========================================================================
 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. 71, No. 27 / Thursday, February 9, 2006 / 
Proposed Rules  

[[Page 6681]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-23840; Directorate Identifier 2005-NM-232-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146 and Model Avro 146-RJ Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain BAE Systems (Operations) Limited Model BAe 146 and Model 
Avro 146-RJ airplanes. This proposed AD would require modifying the 
control cable duct on the left bulkhead structure at frame 12, and for 
certain airplanes, the forward toilet bulkhead structure. This proposed 
AD results from a structural analysis by the manufacturer which 
revealed that rapid decompression of the flight compartment with the 
door closed could cause structural deformation of the left bulkhead 
structure at frame 12, and of the attached cable duct structure. The 
duct structure protects the cables for the primary flight controls. We 
are proposing this AD to prevent deformation of the cable duct 
structure in the event of a rapid decompression, which could result in 
restriction of the primary flight controls and consequent reduced 
controllability of the airplane.

DATES: We must receive comments on this proposed AD by March 13, 2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Contact British Aerospace Regional Aircraft American Support, 13850 
Mclearen Road, Herndon, Virginia 20171, for service information 
identified in this proposed AD.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed in the ADDRESSES section. Include the docket number ``FAA-2006-
23840; Directorate Identifier 2005-NM-232-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments received by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of 
that Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

Discussion

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom, notified us that an unsafe condition 
may exist on certain BAE Systems (Operations) Limited Model BAe 146 and 
Model Avro 146-RJ airplanes. The CAA advises that a structural analysis 
by the manufacturer revealed that rapid decompression of the flight 
compartment with the door closed would cause structural deformation of 
the left bulkhead structure at frame 12, and the attached cable duct 
structure. The duct structure protects the cables for the primary 
flight controls. Deformation of the cable duct structure in the event 
of a rapid decompression could result in restriction of the primary 
flight controls and consequent reduced controllability of the airplane.

Relevant Service Information

    BAE Systems (Operations) Limited has issued Modification Service 
Bulletin SB.25-459-36241A, Revision 1, dated March 30, 2005. The 
service bulletin describes procedures for modifying the control cable 
duct on the left bulkhead structure at frame 12, and for modifying the 
forward toilet bulkhead structure. The modification of the control 
cable duct includes, among other things, installing new, stronger duct 
structure. The modification of the forward toilet bulkhead includes, 
among other things, installing new inserts and a new support plate. 
Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. The CAA mandated 
the service information and issued British airworthiness directive G-
2005-0026, dated September 21,

[[Page 6682]]

2005, to ensure the continued airworthiness of these airplanes in the 
United Kingdom.

FAA's Determination and Requirements of the Proposed AD

    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. We have examined the CAA's 
findings, evaluated all pertinent information, and determined that we 
need to issue an AD for airplanes of this type design that are 
certificated for operation in the United States.
    Therefore, we are proposing this AD, which would require 
accomplishing the actions specified in the service information 
described previously.

Costs of Compliance

    This proposed AD would affect about 19 airplanes of U.S. registry.
    The modification specified in Part 1 of the service bulletin would 
take about 21 work hours per airplane, at an average labor rate of $65 
per work hour. Required parts would be free of charge. Based on these 
figures, the estimated cost of the proposed AD is $1,365 per airplane.
    The modification specified in Part 2 of the service bulletin would 
take about 5 work hours per airplane, at an average labor rate of $65 
per work hour. Required parts would be free of charge. Based on these 
figures, the estimated cost of the proposed AD is $325 per airplane.

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 Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket. See the 
ADDRESSES section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

BAE Systems (Operations) Limited (Formerly British Aerospace 
Regional Aircraft): Docket No. FAA-2006-23840; Directorate 
Identifier 2005-NM-232-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by March 13, 
2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to BAE Systems (Operations) Limited Model 
BAe 146-100A, -200A, and -300A series airplanes, and Model Avro 146-
RJ70A, 146-RJ85A, and 146-RJ100A airplanes; certificated in any 
category; as identified in BAE Systems (Operations) Limited 
Modification Service Bulletin SB.25-459-36241A, Revision 1, dated 
March 30, 2005.

Unsafe Condition

    (d) This AD results from a structural analysis by the 
manufacturer which revealed that rapid decompression of the flight 
compartment with the door closed could cause structural deformation 
of the left bulkhead structure at frame 12, and of the attached 
cable duct structure. The duct structure protects the cables for the 
primary flight controls. We are issuing this AD to prevent 
deformation of the cable duct structure in the event of a rapid 
decompression, which could result in restriction of the primary 
flight controls and consequent reduced controllability of the 
airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Modification

    (f) Within 9 months after the effective date of this AD: Do the 
actions specified in either paragraph (f)(1) or (f)(2) of this AD by 
doing all the applicable actions specified in the Accomplishment 
Instructions of BAE Systems (Operations) Limited Modification 
Service Bulletin SB.25-459-36241A, Revision 1, dated March 30, 2005.
    (1) For airplanes on which BAE Modification HCM50303C has been 
installed, but on which BAE Modification HCM30033E, HCM30033F, 
HCM30033G, or HCM30033N has not been installed: Modify the control 
cable duct on the left bulkhead structure at frame 12 in accordance 
with Part 1 of the Accomplishment Instructions of the service 
bulletin.
    (2) For airplanes on which BAE Modification HCM50303C has been 
installed, and on which BAE Modification HCM30033E, HCM30033F, 
HCM30033G, or HCM30033N has also been installed: Modify the control 
cable duct on the left bulkhead structure at frame 12 and the 
forward toilet bulkhead structure in accordance with Parts 1 and 2 
of the Accomplishment Instructions of the service bulletin.

Modifications Accomplished According to Previous Issue of Service 
Bulletin

    (g) Modifications accomplished before the effective date of this 
AD in accordance with BAE Systems (Operations) Limited Modification 
Service Bulletin SB.25-459-36241A, dated July 22, 2004, are 
considered acceptable for compliance with the corresponding action 
specified in this AD.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.

[[Page 6683]]

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

Related Information

    (i) British airworthiness directive G-2005-0026, dated September 
21, 2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on January 31, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-1762 Filed 2-8-06; 8:45 am]
BILLING CODE 4910-13-P