[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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