[Federal Register Volume 71, Number 134 (Thursday, July 13, 2006)]
[Proposed Rules]
[Pages 39595-39597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11022]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25337; Directorate Identifier 2006-NM-138-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146 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 all BAE Systems (Operations) Limited Model BAe 146 airplanes. This 
proposed AD would require inspecting the three-phase circuit breakers 
and three-phase circuit breaker panels for discrepancies; and fixing 
any discrepancy and replacing unserviceable units with new units, if 
necessary. This proposed AD results from reports of three-phase circuit 
breakers overheating on in-service airplanes. We are proposing this AD 
to prevent failure of a three-phase circuit breaker. Such failure could 
prevent an electrical load from being isolated from its electrical 
supply, which could result in smoke or fire in the flight deck.

DATES: We must receive comments on this proposed AD by August 14, 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: 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

    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-
25337; Directorate Identifier 2006-NM-138-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 European Aviation Safety Agency (EASA), which is the 
airworthiness authority for the European Union, notified us that an 
unsafe condition may exist on all BAE Systems (Operations) Limited 
Model BAe 146 airplanes. The EASA advises that three-phase circuit 
breakers, which are used at various locations throughout the airplane 
(but predominantly in the under floor electrical bay and the flight 
deck) have overheated on in-service airplanes. The possible cause of 
the overheating is the age-related deterioration of the three-phase 
circuit breakers. Failure of a three-phase circuit breaker, if not 
corrected, could prevent an electrical load from being isolated from 
its electrical supply, which could result in smoke or fire in the 
flight deck.

Relevant Service Information

    BAE Systems (Operations) Limited has issued Inspection Service 
Bulletin ISB.24-141, dated August 15, 2005. The inspection service 
bulletin describes procedures for performing a detailed visual 
inspection of the three-phase circuit breakers and three-phase circuit

[[Page 39596]]

breaker panels for discrepancies (such as physical damage, cracks, 
deterioration, corrosion, discoloration, contamination by foreign 
objects, and missing or improperly installed terminal connections or 
attachments), fixing any discrepancy and replacing unserviceable units 
with new units, if necessary. Accomplishing the actions specified in 
the service information is intended to adequately address the unsafe 
condition. The EASA mandated the service information and issued 
airworthiness directive 2006-0132, dated May 18, 2006, to ensure the 
continued airworthiness of these airplanes in the European Union.

FAA's Determination and Requirements of the Proposed AD

    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. As 
described in FAA Order 8100.14A, ``Interim Procedures for Working with 
the European Community on Airworthiness Certification and Continued 
Airworthiness,'' dated August 12, 2005, the EASA has kept the FAA 
informed of the situation described above. We have examined the EASA'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.

Clarification of Inspection Terminology

    In this proposed AD, the ``detailed visual inspection'' specified 
in the BAE Systems (Operations) Limited inspection service bulletin is 
referred to as a ``detailed inspection.'' We have included the 
definition for a detailed inspection in a note in the proposed AD.

Costs of Compliance

    This proposed AD would affect about 368 airplanes of U.S. registry. 
The proposed inspection would take about 5 work hours per airplane, at 
an average labor rate of $80 per work hour. Based on these figures, the 
estimated cost of the proposed AD for U.S. operators is $147,200, or 
$400 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-2006-25337; Directorate 
Identifier 2006-NM-138-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by August 
14, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all BAE Systems (Operations) Limited 
Model BAe 146-100A, -200A, and -300A series airplanes, certificated 
in any category.

Unsafe Condition

    (d) This AD results from reports of three-phase circuit breakers 
overheating on in-service airplanes. We are issuing this AD to 
prevent failure of a three-phase circuit breaker. Such failure could 
prevent an electrical load from being isolated from its electrical 
supply, which could result in smoke or fire in the flight deck.

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.

Detailed Inspection and Corrective Actions

    (f) Within 12 months after the effective date of this AD, do a 
detailed inspection of the three-phase circuit breakers and three-
phase circuit breaker panels for discrepancies (including but not 
limited to physical damage, cracks, deterioration, corrosion, 
discoloration, contamination by foreign objects, and missing or 
improperly installed terminal connections or attachments), in 
accordance with the Accomplishment Instructions of BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.24-141, dated 
August 15, 2005. If any discrepancy is found, before further flight, 
fix the discrepancy and replace unserviceable units with new units, 
as applicable, in accordance with the inspection service bulletin.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

No Reporting

    (g) Although the inspection service bulletin referenced in this 
AD specifies to submit certain information to the manufacturer, this 
AD does not include that requirement.

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 39597]]

    (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) The European Aviation Safety Agency airworthiness directive 
2006-0132, dated May 18, 2006, also addresses the subject of this 
AD.

    Issued in Renton, Washington, on July 6, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-11022 Filed 7-12-06; 8:45 am]
BILLING CODE 4910-13-P