[Federal Register Volume 78, Number 22 (Friday, February 1, 2013)]
[Rules and Regulations]
[Pages 7259-7261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01819]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1040; Directorate Identifier 2012-NM-029-AD; 
Amendment 39-17330; AD 2013-02-09]
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 all BAE 
SYSTEMS (OPERATIONS) LIMITED Model BAe 146, and Avro 146-RJ series 
airplanes. This AD was prompted by a report of loss of the end caps on 
the anti-icing piccolo tube of the wing leading edge. This AD requires 
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 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.

DATES: This AD becomes effective March 8, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 8, 
2013.

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 October 4, 2012 (77 
FR 60651). That NPRM proposed to correct an unsafe condition for the 
specified products. The Mandatory Continuing Airworthiness Information 
(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 [European Aviation Safety 
Agency (EASA)] AD [2012-0003, dated January 6, 2012] 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.

Clarification of ``No Reporting Requirement'' Paragraph

    Paragraph (i) of the NPRM (77 FR 60651, October 4, 2012) refers to 
EASA AD 2012-0003, dated January 6, 2012. However, we have revised 
paragraph (i) of this AD to refer to BAE SYSTEMS (OPERATIONS) LIMITED 
Inspection Service Bulletin ISB.30-025, dated April 19, 2011, because 
that service bulletin is the appropriate source of service information 
for doing the actions required by this AD.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (77 FR 60651, October 4, 
2012) or on the determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed--except for 
minor editorial changes and clarification of paragraph (i) of this AD. 
We have determined that these minor changes:

[[Page 7260]]

     Are consistent with the intent that was proposed in the 
NPRM (77 FR 60651, October 4, 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 60651, October 4, 2012).

Costs of Compliance

    We estimate that this AD will affect 2 products of U.S. registry. 
We also estimate that it will take about 2 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $340, or $170 per product.

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 60651, October 4, 
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:

2013-02-09 BAE SYSTEMS (OPERATIONS) LIMITED: Amendment 39-17330. 
Docket No. FAA-2012-1040; Directorate Identifier 2012-NM-029-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective March 8, 
2013.

(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

    BAE SYSTEMS (OPERATIONS) LIMITED Inspection Service Bulletin 
ISB.30-025, dated April 19, 2011, 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, ANM-116, Transport Airplane Directorate, 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 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

[[Page 7261]]

to assure the product is airworthy before it is returned to service.

(k) Related Information

    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.

(l) 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 Inspection Service Bulletin 
ISB.30-025, dated April 19, 2011.
    (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 January 16, 2013.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-01819 Filed 1-31-13; 8:45 am]
BILLING CODE 4910-13-P