[Federal Register Volume 77, Number 120 (Thursday, June 21, 2012)]
[Proposed Rules]
[Pages 37340-37342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15168]
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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]
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
certain BAE SYSTEMS (OPERATIONS) LIMITED Model BAe 146 series airplanes
and Model Avro 146-RJ series airplanes. This proposed AD was prompted
by hydraulic pipe ruptures in the center of the cabin resulting in
passengers being contaminated with hydraulic fluid. This proposed AD
would require installing a hydraulic fluid containment system. We are
proposing 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: We must receive comments on this proposed AD by August 6, 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, Washington. 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,
[[Page 37341]]
Washington 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-2012-0642;
Directorate Identifier 2011-NM-262-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 2011-0220, dated November 11, 2011 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The 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 [EASA] 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.
Relevant Service Information
BAE SYSTEMS (OPERATIONS) LIMITED has issued Modification Service
Bulletin SB.29-048-30676A, Revision 2, dated December 23, 2010. The
actions described in this service information are intended to correct
the unsafe condition identified in the MCAI.
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.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 1 product of U.S. registry. We also estimate that it
would take about 8 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would 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 the proposed AD on 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 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-2012-0642;
Directorate Identifier 2011-NM-262-AD.
(a) Comments Due Date
We must receive comments by August 6, 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 configuration. The requirements
of this AD become applicable at the time an airplane operating in a
cargo configuration is converted to a passenger configuration.
(d) Subject
Air Transport Association (ATA) of America Code 29, Hydraulic
power.
[[Page 37342]]
(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.
(2) BAE SYSTEMS (OPERATIONS) LIMITED Modification Service
Bulletin SB.29-048-30676A, Revision 1, dated November 5, 2010.
(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 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, Washington 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 (EASA)
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. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221.
Issued in Renton, Washington, on June 12, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-15168 Filed 6-20-12; 8:45 am]
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