[Federal Register Volume 71, Number 218 (Monday, November 13, 2006)]
[Rules and Regulations]
[Pages 66104-66106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18965]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25388; Directorate Identifier 2006-NM-086-AD; 
Amendment 39-14824; AD 2006-23-12]
RIN 2120-AA64


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

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ 
airplanes equipped with certain hydraulic accumulators. This AD 
requires inspecting the hydraulic accumulators to identify certain 
serial numbers, and replacing any affected accumulator with a new or 
serviceable accumulator. Operators may delay doing the replacement by 
doing repetitive inspections of the affected hydraulic accumulators for 
signs of failure (leaking or cracking), and replacing any failed 
accumulator with a new or serviceable unit. This AD results from a 
report that one hydraulic accumulator failed in service, which caused 
the loss of the yellow hydraulic system when the airplane was 
configured for landing. We are issuing this AD to prevent damage to the 
pressure skin, failure of certain hydraulic systems, contamination of 
the cabin with hydraulic mist, increased workload for the flightcrew 
associated with the loss of one or more hydraulic circuits, and 
consequent reduced controllability of the airplane.

DATES: This AD becomes effective December 18, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of December 18, 
2006.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC.
    Contact British Aerospace Regional Aircraft American Support, 13850 
Mclearen Road, Herndon, Virginia 20171, for service information 
identified in this AD.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to all BAE Systems 
(Operations) Limited Model BAe 146 and Avro 146-RJ airplanes equipped 
with certain hydraulic accumulators. That NPRM was published in the 
Federal Register on July 19, 2006 (71 FR 40940). That NPRM proposed to 
require inspecting the hydraulic accumulators to identify certain 
serial numbers, and replacing any affected accumulator with a new or 
serviceable accumulator. Operators may delay doing the replacement by 
doing repetitive inspections of the affected hydraulic accumulators for 
signs of failure (leaking or cracking), and replacing any failed 
accumulator with a new or serviceable unit.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comment received.

Request To Change Incorporation of Certain Information

    The Modification and Replacement Parts Association (MARPA) states 
that, typically, airworthiness directives are based on service 
information originating with the type certificate holder or its 
suppliers. MARPA adds that manufacturer service documents are privately 
authored instruments generally having copyright protection against 
duplication and distribution. MARPA notes that when a service document 
is incorporated by reference into a public document, such as an 
airworthiness directive, it loses its private, protected status and 
becomes a public document. MARPA adds that, if a service document is 
used as a mandatory element of compliance, it should not simply be 
referenced, but should be incorporated into the regulatory document; by 
definition, public laws must be public, which means they cannot rely 
upon private writings. MARPA is concerned that the failure to 
incorporate essential service information could result in a court 
decision invalidating the AD.
    MARPA adds that incorporated by reference service documents should 
be made available to the public by publication in the Document 
Management System (DMS), keyed to the action that incorporates them. 
MARPA notes that the stated purpose of the incorporation by reference 
method is brevity, to keep from expanding the Federal Register 
needlessly by publishing documents already in the hands of the affected 
individuals; traditionally, ``affected individuals'' means aircraft 
owners and operators, who are generally provided service information by 
the manufacturer. MARPA adds that a new class of affected individuals 
has emerged, since the majority of aircraft maintenance is now 
performed by specialty shops instead of aircraft owners and operators. 
MARPA notes that this new class includes maintenance and repair 
organizations, component servicing and

[[Page 66105]]

repair shops, parts purveyors and distributors, and organizations 
manufacturing or servicing alternatively certified parts Sec.  21.303 
(``Parts manufacturer approval'') of the Federal Aviation Regulations 
(14 CFR part 21). MARPA adds that the concept of brevity is now nearly 
archaic as documents exist more frequently in electronic format than on 
paper. Therefore, MARPA asks that the service documents deemed 
essential to the accomplishment of the NPRM be incorporated by 
reference into the regulatory instrument, and published in the DMS.
    We do not agree that documents should be incorporated by reference 
during the NPRM phase of rulemaking. The Office of the Federal Register 
(OFR) requires that documents that are necessary to accomplish the 
requirements of the AD be incorporated by reference during the final 
rule phase of rulemaking. This final rule incorporates by reference the 
document necessary for the accomplishment of the requirements mandated 
by this AD. Further, we point out that while documents that are 
incorporated by reference do become public information, they do not 
lose their copyright protection. For that reason, we advise the public 
to contact the manufacturer to obtain copies of the referenced service 
information.
    Additionally, we do not publish service documents in DMS. We are 
currently reviewing our practice of publishing proprietary service 
information. Once we have thoroughly examined all aspects of this 
issue, and have made a final determination, we will consider whether 
our current practice needs to be revised. However, we consider that to 
delay this AD action for that reason would be inappropriate, since we 
have determined that an unsafe condition exists and that the 
requirements in this AD must be accomplished to ensure continued 
safety. Therefore, we have not changed the AD in this regard.

Conclusion

    We have carefully reviewed the available data, including the 
comment received, and determined that air safety and the public 
interest require adopting the AD as proposed.

Costs of Compliance

    This AD affects 42 airplanes of U.S. registry. The inspection to 
determine the serial number takes about 1 work hour per airplane, at an 
average labor rate of $80 per work hour. Based on these figures, the 
estimated cost of the AD for U.S. operators is $3,360, or $80 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 AD will not have federalism 
implications under Executive Order 13132. This AD will 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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2006-23-12 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-14824. Docket No. FAA-
2006-25388; Directorate Identifier 2006-NM-086-AD.

Effective Date

    (a) This AD becomes effective December 18, 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; and Model 
Avro 146-RJ70A, 146-RJ85A, and 146-RJ100A airplanes; certificated in 
any category; equipped with hydraulic accumulators part number (P/N) 
AIR91666-0, -1, or -2 installed.

Unsafe Condition

    (d) This AD results from report that one hydraulic accumulator 
failed in service, which caused the loss of the yellow hydraulic 
system when the airplane was configured for landing. We are issuing 
this AD to prevent damage to the pressure skin, failure of certain 
hydraulic systems, contamination of the cabin with hydraulic mist, 
increased workload for the flightcrew associated with the loss of 
one or more hydraulic circuits, 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.

Inspection To Determine Serial Number (S/N)

    (f) Within 48 hours after the effective date of this AD, inspect 
all P/N AIR91666-0, -1, and -2 hydraulic accumulators to determine 
whether any hydraulic accumulator is installed that has an S/N 
identified in paragraph C of the Accomplishment Instructions of BAE 
Systems (Operations) Limited Inspection Service Bulletin ISB.29-
A046, dated March 14, 2006. A review of airplane maintenance records 
is acceptable in lieu of this inspection if the S/N can be 
conclusively determined from that review.

Replacement or Repetitive Inspections

    (g) If any accumulator with an affected S/N is identified during 
the inspection required by paragraph (f) of this AD, do the action 
in paragraph (g)(1) or (g)(2) of this AD. Do all actions in 
accordance with the Accomplishment Instructions of BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.29-A046, dated 
March 14, 2006, except where the service bulletin specifies to 
submit certain information to the

[[Page 66106]]

manufacturer, this AD does not include that requirement.
    (1) Before further flight: Replace the hydraulic accumulator 
with a new or serviceable accumulator.
    (2) Before further flight: Do a detailed inspection for signs of 
failure (leaking or cracking) of the hydraulic accumulator, and 
replace any failed accumulator before further flight. If there is no 
sign of failure, repeat the inspection thereafter at the applicable 
interval in paragraph (g)(2)(i) or (g)(2)(ii) of this AD. Within 75 
days after the effective date of this AD, replace the affected 
hydraulic accumulator with a new or serviceable accumulator. Doing 
the replacement terminates the repetitive inspections.
    (i) At intervals not to exceed 48 hours.
    (ii) Before further flight following a report of hydraulic fumes 
in the cabin air supply, or after a hydraulic fluid low-level 
warning; and thereafter at intervals not to exceed 48 hours.
    (h) For airplanes on which more than one affected accumulator is 
identified during the inspection required by paragraph (f) of this 
AD: Within 12 days after the effective date of this AD, replace any 
affected accumulator in accordance with paragraph (g)(1) of this AD, 
so that no more than one accumulator with an affected S/N remains on 
the airplane; and inspect any remaining accumulator at the 
applicable interval in paragraph (g)(2) of this AD.

    Note 1: BAE Systems (Operations) Limited Service Bulletin 
ISB.29-A046, dated March 14, 2006, refers to APPH Service Bulletin 
AIR91666-29-02, dated March 2006, as an additional source of service 
information for determining if an accumulator is a serviceable 
accumulator. The procedures include disassembling the accumulator 
cylinder, and testing it for cracking.


    Note 2: 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.''

Parts Installation

    (i) Except as provided by paragraph (g)(2) of this AD: As of the 
effective date of this AD, no hydraulic accumulator having P/N 
AIR91666-0, -1, or -2 that has an S/N identified in paragraph C. of 
the Accomplishment Instructions of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.29-A046, dated March 14, 2006, may 
be installed on any airplane except for accumulators on which the 
actions specified in the Accomplishment Instructions of APPH Service 
Bulletin AIR91666-29-02, dated March 2006, have been done.

Special Flight Permit Limited

    (j) Using special flight permits (14 CFR 21.197 and 21.199) 
before all affected hydraulic actuators are replaced on the airplane 
is allowed only if the airplane has not flown more than 5 flight 
cycles since the last inspection done in accordance with paragraph 
(g)(2) or (h) of this AD, as applicable; and if the flight can be 
accomplished in one flight cycle with the airplane unpressurized.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, 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.
    (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

    (l) European Aviation Safety Agency (EASA) emergency 
airworthiness directive 2006-0061--E [Corrected], dated March 17, 
2006, also addresses the subject of this AD.

Material Incorporated by Reference

    (m) You must use BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB.29-A046, dated March 14, 2006, to perform the 
actions that are required by this AD, unless the AD specifies 
otherwise. The Director of the Federal Register approved the 
incorporation by reference of this document in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Contact British Aerospace Regional 
Aircraft American Support, 13850 Mclearen Road, Herndon, Virginia 
20171, for a copy of this service information. You may review copies 
at the Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Room PL-401, Nassif 
Building, Washington, DC; on the Internet at http://dms.dot.gov; or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at the NARA, call 
(202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on October 31, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-18965 Filed 11-9-06; 8:45 am]
BILLING CODE 4910-13-P