[Federal Register Volume 71, Number 218 (Monday, November 13, 2006)]
[Rules and Regulations]
[Pages 66106-66108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18966]


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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; 
Amendment 39-14825; AD 2006-23-13]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146 Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
BAE Systems (Operations) Limited Model BAe 146 airplanes. This AD 
requires 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 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.

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: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1175; 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

[[Page 66107]]

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 airplanes. That NPRM was published 
in the Federal Register on July 13, 2006 (71 FR 39595). That NPRM 
proposed to 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.

Comments

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

Request To Consider Electronic Test in Place of Visual Inspection

    The commenter, a private citizen who is also an airplane mechanic, 
believes that a physical inspection will not adequately determine an 
operational deficiency. The commenter recommends adding a periodic 
electrical test of the affected circuit breakers. In support of his 
recommendation, the commenter describes his experience as a helicopter 
operator, and states that he built a bench check unit that could verify 
an operational deficiency of circuit breakers.
    We disagree with requiring an electrical test in place of a 
detailed (physical) inspection of the circuit breakers. Both the 
original equipment manufacturer and the European Aviation Safety Agency 
(EASA), which is the airworthiness authority for the European Union, 
have determined that a detailed inspection is adequate to ensure 
safety. The commenter did not provide factual or statistical data to 
show that damaged circuit breakers could remain on the airplane even 
though the detailed inspection shows no damage. However, the commenter 
presents some interesting information that we will share with the EASA. 
We have not changed the AD in this regard.

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 incorporation 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 incorporated 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 repair shops, parts purveyors 
and distributors, and organizations manufacturing or servicing 
alternatively certified parts under 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.

Clarification of Costs of Compliance

    We have clarified the Costs of Compliance section in this AD to 
reflect a revised number of U.S.-registered airplanes.

Conclusion

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

Costs of Compliance

    This AD affects about 16 airplanes of U.S. registry. The inspection 
takes 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 AD for 
U.S. operators is $6,400, 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.

[[Page 66108]]

    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):

2006-23-13 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-14825. Docket No. FAA-
2006-25337; Directorate Identifier 2006-NM-138-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, 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.
    (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.

Material Incorporated by Reference

    (j) You must use BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB.24-141, dated August 15, 2005, 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. E6-18966 Filed 11-9-06; 8:45 am]
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