[Federal Register Volume 77, Number 211 (Wednesday, October 31, 2012)]
[Rules and Regulations]
[Pages 65801-65803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26185]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0642; Directorate Identifier 2011-NM-262-AD; 
Amendment 39-17232; AD 2012-21-16]
RIN 2120-AA64


Airworthiness Directives; BAE SYSTEMS (OPERATIONS) LIMITED 
Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
BAE SYSTEMS (OPERATIONS) LIMITED Model BAe 146 series airplanes and 
Model Avro 146-RJ series airplanes. This AD was prompted by hydraulic 
pipe ruptures in the center of the cabin resulting in passengers being 
contaminated with hydraulic fluid. This AD requires installing a 
hydraulic fluid containment system. We are issuing this AD to prevent 
harmful or hazardous concentrations of hydraulic fluid or hydraulic 
vapor from entering the passenger compartment, possibly resulting in 
injury to the passengers.

DATES: This AD becomes effective December 5, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 5, 
2012.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

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:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on June 21, 2012 (77 FR 
37340). That NPRM proposed to correct an unsafe condition for the 
specified products. The Mandatory Continuing Airworthiness Information 
(MCAI) states:

    Cases of hydraulic pipe ruptures in the centre of the cabin of 
BAe 146 aeroplanes have been reported, which have resulted in the 
passengers being contaminated with hydraulic fluid. The results of 
the investigations have shown that the pipe failures were caused by 
a combination of seam welded pipes, bends in the pipe runs with 
small bend radii and fatigue damage due to pressure variations.
    This condition, if not corrected, could lead to harmful or 
hazardous concentrations of hydraulic fluid or hydraulic vapour 
entering the passenger compartment, possibly resulting in injury to 
the occupants.
    For the reasons described above, this [European Aviation Safety 
Agency] AD requires the installation of a flexible envelope around 
the hydraulic pipe group where the failures have occurred to capture 
and contain any fluid escaping from a burst pipe and channel it 
below floor level into the forward cargo bay.

    You may obtain further information by examining the MCAI in the AD 
docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received.

Request for Exclusion of Airtankers

    Neptune Aviation Services requested a change in the text of 
paragraph (c) ``Applicability,'' of the NPRM (77 FR 37340, June 21, 
2012) to include an ``exemption'' for an airplane operated as an 
``airtanker,'' which does not carry passengers.
    We partially agree with the request to change the text in paragraph 
(c) of this AD. We disagree with using the term ``airtanker''; however, 
we have revised

[[Page 65802]]

paragraph (c) to include an exception for airplanes in a non-passenger 
configuration.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the changes described previously, except for minor editorial 
changes. We have determined that these changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 37340, June 21, 2012) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 37340, June 21, 2012).

Costs of Compliance

    We estimate that this AD will affect 1 product of U.S. registry. We 
also estimate that it will take about 8 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $5,079 per 
product. Where the service information lists required parts costs that 
are covered under warranty, we have assumed that there will be no 
charge for these parts. As we do not control warranty coverage for 
affected parties, some parties may incur costs higher than estimated 
here. Based on these figures, we estimate the cost of this AD to the 
U.S. operators to be $5,759.

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 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 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 AD and placed it in the AD docket.

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 the NPRM (77 FR 37340, June 21, 2012), 
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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    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 FAA amends Sec.  39.13 by adding the following new AD:

2012-21-16 BAE Systems (Operations) Limited: Amendment 39-17232. 
Docket No. FAA-2012-0642; Directorate Identifier 2011-NM-262-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective December 5, 
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to 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; 
except for airplanes operating in a cargo or non-passenger 
configuration. The requirements of this AD become applicable at the 
time an airplane operating in a cargo or non-passenger configuration 
is converted to a passenger configuration.

(d) Subject

    Air Transport Association (ATA) of America Code 29, Hydraulic 
power.

(e) Reason

    This AD was prompted by hydraulic pipe ruptures in the center of 
the cabin resulting in passengers being contaminated with hydraulic 
fluid. We are issuing this AD to prevent harmful or hazardous 
concentrations of hydraulic fluid or hydraulic vapor from entering 
the passenger compartment, possibly resulting in injury to the 
passengers.

(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) Actions

    Within 4,000 flight hours or 24 months after the effective date 
of this AD, whichever occurs first, install the hydraulic fluid 
containment system, in accordance with the Accomplishment 
Instructions of BAE SYSTEMS (OPERATIONS) LIMITED Modification 
Service Bulletin SB.29-048-30676A, Revision 2, dated December 23, 
2010.

(h) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using the service bulletin specified in 
paragraph (h)(1) or (h)(2) of this AD.
    (1) BAE SYSTEMS (OPERATIONS) LIMITED Modification Service 
Bulletin SB.29-048-30676A, dated October 18, 2010 (which is not 
incorporated by reference in this AD).
    (2) BAE SYSTEMS (OPERATIONS) LIMITED Modification Service 
Bulletin SB.29-048-30676A, Revision 1, dated November 5, 2010 (which 
is not incorporated by reference in this AD).

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, 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

[[Page 65803]]

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 
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.

(j) Related Information

    (1) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2011-0220, dated November 11, 2011; and BAE SYSTEMS 
(OPERATIONS) LIMITED Modification Service Bulletin SB.29-048-30676A, 
Revision 2, dated December 23, 2010; 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.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) BAE SYSTEMS (OPERATIONS) LIMITED Modification Service 
Bulletin SB.29-048-30676A, Revision 2, dated December 23, 2010.
    (ii) Reserved.
    (3) 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.
    (4) You may review copies of the 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on October 14, 2012.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-26185 Filed 10-30-12; 8:45 am]
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