[Federal Register Volume 79, Number 26 (Friday, February 7, 2014)]
[Rules and Regulations]
[Pages 7380-7382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02451]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0793; Directorate Identifier 2012-NM-138-AD; 
Amendment 39-17727; AD 2014-01-04]
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 series airplanes and Model 
Avro 146-RJ series airplanes. This AD was prompted by reports of excess 
solder deposited during overhaul on the frangible plug of a fire 
extinguisher, which prevented the release of the extinguishant. This AD 
requires a one-time inspection of certain engine and auxiliary power 
unit (APU) fire extinguishers to determine if the fire extinguishers 
are affected by excessive solder and corrective actions if necessary. 
We are issuing this AD to prevent the failure of a fire extinguisher to 
discharge, which reduces the ability of the fire protection system to 
extinguish fires in the engine or APU fire zones, possibly resulting in 
damage to the airplane and injury to the passengers.

DATES: This AD becomes effective March 14, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 14, 
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-0793 or in person at the 
Docket Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC.
    For Bae Systems (Operations) Limited 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. For Kidde 
Graviner service information

[[Page 7381]]

identified in this AD, contact Kidde Graviner Limited, Mathisen Way, 
Colnbrook, Slough, Berkshire, SL3 0HB, United Kingdom; telephone +44 
(0) 1753 683245; fax +44 (0) 1753 685040. You may view this 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.

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 by adding an AD that would apply to all Bae Systems 
(Operations) Limited Model BAe 146 series airplanes and Model Avro 146-
RJ series airplanes. The NPRM published in the Federal Register on 
September 25, 2013 (78 FR 58960). The NPRM was prompted by reports of 
excess solder deposited during overhaul on the frangible plug of a fire 
extinguisher, which prevented the release of the extinguishant. The 
NPRM proposed to require a one-time inspection of certain engine and 
auxiliary power unit (APU) fire extinguishers to determine if the fire 
extinguishers are affected by excessive solder and corrective actions 
if necessary. We are issuing this AD to prevent the failure of a fire 
extinguisher to discharge, which reduces the ability of the fire 
protection system to extinguish fires in the engine or APU fire zones, 
possibly resulting in damage to the airplane and injury to the 
passengers.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2012-0126R1, dated September 10, 2012 (referred 
to after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    A fire handle on a BAe 146 aeroplane was operated on the ground 
as a precautionary measure after the throttle cable on the affected 
engine failed, due to corrosion. The extinguisher failed to 
discharge.
    Investigation results revealed that excess solder, which had 
been deposited during overhaul on the frangible plug of the 
extinguisher, prevented the release of the extinguishant. Prompted 
by this report, Kidde Graviner, the fire extinguisher manufacturer, 
identified four further extinguishers of similar design that had the 
same issue.
    This condition, if not detected and corrected, could result in 
the failure of a fire bottle to discharge, which reduces the ability 
of the fire protection system to extinguish fires in the engine or 
Auxiliary Power Unit (APU) fire zones, possibly resulting in damage 
to the aeroplane and injury to the occupants.
    For the reasons described above, EASA issued AD 2012-0126 to 
require a one-time inspection of the affected Part Number (P/N) 
57333 engine and APU fire extinguishers. In addition, this [EASA] AD 
prohibited installation of a fire extinguisher, unless it has passed 
the inspection as required by [EASA] AD 2012-0126.
    Revision 1 of this [EASA] AD is issued to clarify that new 
extinguishers P/N 57333 may be fitted with no additional inspection 
required by this [EASA] AD.

    Required actions include installing a new unit or overhauling the 
unit if any solder is found during the inspection.
    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0793-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (78 FR 58960, September 
25, 2013) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this AD as proposed except for 
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (78 FR 58960, September 25, 2013) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 58960, September 25, 2013).

Costs of Compliance

    We estimate that this AD affects 1 airplane of U.S. registry.
    We also estimate that it will take about 1 work-hour 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 on U.S. operators to be $85, or $85 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-0793; or in person at the 
Docket Management Facility between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. The AD docket contains this 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.

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,

[[Page 7382]]

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:

2014-01-04 Bae Systems (Operations) Limited: Amendment 39-17727. 
Docket No. FAA-2013-0793; Directorate Identifier 2012-NM-138-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective March 14, 
2014.

(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; all 
models, all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 26, Fire 
protection.

(e) Reason

    This AD was prompted by reports of excess solder deposited 
during overhaul on the frangible plug of the extinguisher, which 
prevented the release of the extinguishant. We are issuing this AD 
to prevent the failure of a fire extinguisher to discharge, which 
reduces the ability of the fire protection system to extinguish 
fires in the engine or auxiliary power unit (APU) fire zones, 
possibly resulting in damage to the airplane and 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) Inspection and Corrective Action

    For airplanes equipped with fire extinguishers manufactured by 
Kidde Graviner Limited having part number (P/N) 57333 (all dash 
numbers): Within 12 months after the effective date of this AD, do 
an x-ray inspection to determine if there is solder between the 
operating head and container of the fire extinguishers in the engine 
and APU, in accordance with the Accomplishment Instructions of Bae 
Systems (Operations) Limited Inspection Service Bulletin ISB. 26-
078, dated September 21, 2011; or Kidde Graviner Service Bulletin 
26-080, Revision 1, dated July 27, 2011; as applicable.
    (1) If any solder is found, before further flight, do the action 
specified in paragraph (g)(1)(i) or (g)(1)(ii) of this AD, in 
accordance with the Accomplishment Instructions of Kidde Graviner 
Service Bulletin 26-080, Revision 1, dated July 27, 2011.
    (i) Overhaul the fire extinguisher and install. An overhaul 
includes the replacement of the operating head. Replacement of the 
pressure relief plug assembly only is not considered an overhaul.
    (ii) Install a new fire extinguisher.
    (2) If no solder is found, no further action is required by this 
paragraph.

(h) Parts Installation Limitation

    As of the effective date of this AD, no person may install a 
Kidde Graviner Limited fire extinguisher having P/N 57333 (any dash 
number), on any airplane, unless the fire extinguisher is new, or it 
has been determined that there is no solder between the operating 
head and container of the fire extinguishers as required by 
paragraph (g) of this AD, or has been overhauled in accordance with 
the Accomplishment Instructions of Kidde Graviner Service Bulletin 
26-080, Revision 1, dated July 27, 2011.

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

(j) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
European Aviation Safety Agency (EASA) Airworthiness Directive 2012-
0126R1, dated September 10, 2012, for related information. This MCAI 
may be found in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0793-0002.

(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 this AD specifies otherwise.
    (i) Bae Systems (Operations) Limited Inspection Service Bulletin 
ISB. 26-078, dated September 21, 2011.
    (ii) Kidde Graviner Limited Service Bulletin 26-080, Revision 1, 
dated July 27, 2011.
    (3) For Bae Systems (Operations) Limited 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) For Kidde Graviner service information identified in this 
AD, contact Kidde Graviner Limited, Mathisen Way, Colnbrook, Slough, 
Berkshire, SL3 0HB, United Kingdom; telephone +44 (0) 1753 683245; 
fax +44 (0) 1753 685040.
    (5) You may view this 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.
    (6) 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 7, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-02451 Filed 2-6-14; 8:45 am]
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