[Federal Register Volume 77, Number 193 (Thursday, October 4, 2012)]
[Proposed Rules]
[Pages 60651-60653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24473]


 ========================================================================
 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.
 
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 

  Federal Register / Vol. 77, No. 193 / Thursday, October 4, 2012 / 
Proposed Rules  

[[Page 60651]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1040; Directorate Identifier 2012-NM-029-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
BAE Systems (Operations) Limited Model BAe 146, and Avro 146-RJ series 
airplanes. This proposed AD was prompted by a report of loss of the end 
caps on the anti-icing piccolo tube of the wing leading edge. This 
proposed AD would require a detailed inspection of the end caps on the 
anti-icing piccolo tube for lost or loose end caps, and replacing or 
repairing the end caps if necessary. We are proposing this AD to detect 
and correct lost and loose end caps on the anti-icing piccolo tube, and 
ice accretion on the wing leading edge or run-back ice, which could 
lead to a reduction in the stall margin on approach and loss of 
controllability of the airplane.

DATES: We must receive comments on this proposed AD by November 19, 
2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact BAE 
Systems (Operations) Limited, Customer Information Department, 
Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United 
Kingdom; telephone +44 1292 675207; fax +44 1292 675704; email 
[email protected]; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may review copies of the 
referenced service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the 
availability of this material at the FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone (425) 227-1175; 
fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-1040; 
Directorate Identifier 2012-NM-029-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2012-0003, dated January 6, 2012 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    An operator reported the loss of the wing leading edge anti-
icing piccolo tube end caps on two aircraft. This was discovered 
during routine zonal inspections when the wing tips were removed. 
The loss of the end cap would result in a reduction in anti-icing 
efficiency, over the outboard portion of the leading edge of that 
wing, affecting approximately 25% of the wingspan towards the wing 
tip.
    The System Safety Analysis (SSA) classifies the loss of anti-
icing of both of the outer wings as hazardous if the loss is not 
indicated to the crew. The loss of a piccolo tube end cap would not 
be indicated to the flight crew and, therefore, this reduction in 
anti-icing capability on one wing must also be classified as 
hazardous.
    This condition, if not detected and corrected, could result in 
ice accretion on the wing leading edge, or run-back ice and could 
lead to a reduction in the stall margin on approach together with a 
reduction in roll control authority.
    For the reasons described above, this [EASA] AD requires a one-
off [detailed] inspection [for lost and loose end caps] of the 
piccolo tube end caps. The results of this inspection will be used 
to establish a suitable repeat inspection period, which will be 
introduced through the Maintenance Review Board (MRB) process.

    The corrective action is replacing or repairing the end caps if 
necessary. You may obtain further information by examining the MCAI in 
the AD docket.

Relevant Service Information

    BAE Systems (Operations) Limited has issued Inspection Service 
Bulletin ISB. 30-025, dated April 19, 2011. The actions described in 
this service information are intended to correct the unsafe condition 
identified in the MCAI.

[[Page 60652]]

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between This AD and the MCAI or Service Information

    Although EASA Airworthiness Directive 2012-0003, dated January 6, 
2012, and BAE Systems (Operations) Limited Inspection Service Bulletin 
ISB. 30-025, dated April 19, 2011, specify a reporting requirement, 
this AD does not require reporting. This difference has been 
coordinated with EASA.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 2 products of U.S. registry. We also estimate that 
it would take about 2 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $340, or $170 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 8 work-hours and require parts costing $140, for a cost of 
$820 per product. We have no way of determining the number of products 
that may need these 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 Findings

    We 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 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, 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 FAA amends Sec.  39.13 by adding the following new AD:

>BAE Systems (Operations) Limited: Docket No. FAA-2012-1040; 
Directorate Identifier 2012-NM-029-AD.

(a) Comments Due Date

    We must receive comments by November 19, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all BAE Systems (Operations) Limited Model 
BAe 146-100A, -200A, and -300A airplanes; and Model Avro 146-RJ70A, 
146-RJ85A, and 146-RJ100A airplanes; certificated in any category; 
all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 30, Ice and rain 
protection.

(e) Reason

    This AD was prompted by a report of loss of the end caps on the 
anti-icing piccolo tube of the wing leading edge. We are issuing 
this AD to detect and correct lost and loose end caps on the anti-
icing piccolo tube, and ice accretion on the wing leading edge or 
run-back ice, which could lead to a reduction in the stall margin on 
approach and loss of controllability of the airplane.

(f) Compliance

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

(g) Inspection

    Within 12 months after the effective date of this AD: Do a 
detailed inspection of the end caps on the anti-icing piccolo tube 
for lost and loose end caps, in accordance the Accomplishment 
Instructions of BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB. 30-025, dated April 19, 2011.

(h) Corrective Action

    If, during the detailed inspection required by paragraph (g) of 
this AD, a lost or loose end cap of the anti-icing piccolo tube is 
found: Before next flight, replace the end cap, in accordance the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB. 30-025, dated April 19, 2011, or 
repair in accordance with a method approved by the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
or the European Aviation Safety Agency (EASA) (or its delegated 
agent).

(i) No Reporting Requirement

    EASA Airworthiness Directive 2012-0003, dated January 6, 2012, 
specifies a reporting requirement; this AD does not require 
reporting.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, FAA, has the authority to approve AMOCs for 
this AD, if requested using the procedures found in 14 CFR 39.19. In 
accordance with 14 CFR 39.19, send your request to your principal 
inspector or local Flight Standards District Office, as appropriate. 
If sending information directly to the International Branch, send it 
to ATTN: Todd Thompson, Aerospace Engineer, International Branch, 
ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., 
Renton, WA 98057-3356; telephone (425) 227-1175; fax (425) 227-1149. 
Information may be emailed to: [email protected]. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or

[[Page 60653]]

lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office. The 
AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

(k) Related Information

    (1) Refer to MCAI EASA Airworthiness Directive 2012-0003, dated 
January 6, 2012; and BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB. 30-025, dated April 19, 2011; for related 
information.
    (2) For service information identified in this AD, contact BAE 
Systems (Operations) Limited, Customer Information Department, 
Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United 
Kingdom; telephone +44 1292 675207; fax +44 1292 675704; email 
[email protected]; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may review copies of the 
referenced service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on 
the availability of this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on September 27, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-24473 Filed 10-3-12; 8:45 am]
BILLING CODE 4910-13-P