[Federal Register Volume 64, Number 236 (Thursday, December 9, 1999)]
[Proposed Rules]
[Pages 68956-68958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31874]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-174-AD]
RIN 2120-AA64


Airworthiness Directives; British Aerospace Model BAe 146-100A, -
200A, and -300A Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to all British Aerospace Model 
BAe 146-100A, -200A, and -300A series airplanes, that currently 
requires installation of a placard prescribing special procedures to be 
followed when operating at certain flight levels with the engine and 
airframe anti-ice switch ON; modification of the air brake auto-retract 
function; a revision to the Airplane Flight Manual (AFM) relative to 
altitude and operating limitations associated with flight in icing 
conditions above 26,000 feet. That AD was prompted by reports of 
uncommanded engine thrust reductions (rollback) when operating in 
certain icing conditions that exist in the vicinity of thunderstorms. 
This action would add a requirement for the installation/replacement of 
new placards. This proposal also would provide for an optional 
terminating modification for the AFM revision and installation/
replacement of placards. The actions specified by the proposed AD are 
intended to prevent engine power rollback during flight in icing 
conditions, a condition that could result in insufficient power to 
sustain flight.

DATES: Comments must be received by January 10, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-174-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.
    The service information referenced in the proposed rule may be 
obtained from British Aerospace Regional Aircraft American Support, 
13850 Mclearen Road, Herndon, Virginia 20171. This information may be 
examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, 
SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2110; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 98-NM-174-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 98-NM-174-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On July 10, 1996, the FAA issued AD 96-14-09, amendment 39-9694 (61 
FR 37199, July 17, 1996), applicable to all British Aerospace Model BAe 
146-100A, -200A, and -300A series airplanes, to require installation of 
a placard prescribing special procedures to be followed when operating 
at certain flight levels with the engine and airframe anti-ice switch 
ON; modification of the air brake auto-retract function; and a revision 
to the Airplane

[[Page 68957]]

Flight Manual (AFM) relative to altitude and operating limitations 
associated with flight in icing conditions above 26,000 feet. That 
action was prompted by reports of uncommanded engine thrust reductions 
(rollback) when operating in certain icing conditions that exist in the 
vicinity of thunderstorms. The requirements of that AD are intended to 
prevent engine power rollback during flight in icing conditions, a 
condition that could result in insufficient power to sustain flight.

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, British Aerospace has issued Service 
Bulletin SB.11-137-30405A, dated March 26, 1998, which describes 
procedures for installation of a placard on the flight deck to indicate 
that a 26,000 feet altitude limitation in icing is applicable, and 
replacement of a certain ice protection panel placard with a new 
placard for N2 limitations.
    British Aerospace also has issued Service Bulletin SB.71-72-30473A, 
dated July 8, 1998, and Revision 1, dated November 2, 1998, which 
describes procedures for modification of all four engines. These 
modifications include:
     Reduction of the length core-flow/ fan-flow splitter (cut-
back splitter) to reduce ice crystal/water ingestion to the core;
     Modification of the splitter lip insulating baffle to 
reduce heat loss;
     Installation of a heated exit guide vane (EGV) to prevent 
ice build up;
     Relocation of the engine anti-ice air source to the 
combustor bleed plenum to reduce system heat loss;
     Installation of a new anti-ice valve with improved 
couplings; and
     Modification of plumbing to install improved insulated 
connections.
    The service bulletin also describes certain revisions to the AFM 
for operation of the airplane following installation of modified 
engines. Accomplishment of the modification on all four engines and 
insertion of the AFM revisions would eliminate the need for the 
installation/replacement of the placards described in Service Bulletin 
SB.11-137-30405A.
    The FAA has issued AD 99-15-06, amendment 39-11225 (64 FR 38557, 
July 19, 1999), applicable to AlliedSignal Inc. Model ALF502R-5 and 
ALF502R-3A turbofan engines, to require incorporation of an improved 
fan core inlet anti-ice system (i.e., modification of those engines in 
accordance with Service Bulletin SB.71-72-30473A). The actions 
specified in that AD are intended to prevent ice accretion on the fan 
core inlet stator vane surfaces, which can result in engine rollback 
and loss of thrust control in icing conditions. Operators should note 
that Service Bulletin SB.71-72-30473A only reflects procedures for 
installation of engines that have been modified in accordance with the 
requirements of AD 99-15-06.
    Accomplishment of the actions specified in Service Bulletin SB.11-
137-30405A is intended to adequately address the identified unsafe 
condition. The Civil Aviation Authority (CAA), which is the 
airworthiness authority for the United Kingdom, classified Service 
Bulletin SB.11-137-30405A as mandatory, approved Service Bulletin 
SB.71-72-30473A, and issued British airworthiness directives 004-03-98 
and 003-06-96, Revision 1, in order to assure the continued 
airworthiness of these airplanes in the United Kingdom.

FAA's Conclusions

    This airplane model is manufactured in the United Kingdom and is 
type certificated for operation in the United States under the 
provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 
21.29) and the applicable bilateral airworthiness agreement. Pursuant 
to this bilateral airworthiness agreement, the CAA has kept the FAA 
informed of the situation described above. The FAA has examined the 
findings of the CAA, reviewed all available information, and determined 
that AD action is necessary for products of this type design that are 
certificated for operation in the United States.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, the proposed AD would supersede AD 96-14-09 to 
continue to require modification of the air brake auto-retract 
function; and a revision to the AFM relative to altitude and operating 
limitations associated with flight in icing conditions above 26,000 
feet. In addition, the proposed AD would require accomplishment of the 
actions specified in British Aerospace Service Bulletin SB.11-137-
30405A, described previously. The proposal also would provide for an 
optional terminating modification for the AFM revision and 
installation/replacement of placards.

Cost Impact

    There are approximately 40 airplanes of U.S. registry that would be 
affected by this proposed AD.
    The actions that are currently required by AD 96-14-09, and 
retained in this proposed AD, take approximately 4 work hours per 
airplane to accomplish, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of the currently required 
actions on U.S. operators is estimated to be $9,600, or $240 per 
airplane.
    The new actions that are proposed in this AD action would take 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the new proposed requirements of this AD on U.S. operators is 
estimated to be $2,400, or $60 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or proposed 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted.
    Should an operator elect to accomplish the actions associated with 
the optional terminating modification, it would take approximately 34 
work hours per airplane to accomplish, at an average labor rate of $60 
per work hour. Required parts would cost approximately $2,400 per 
airplane. Based on these figures, the cost impact of the proposed 
optional terminating modification is estimated to be $4,440 per 
airplane.

Regulatory Impact

    The regulations proposed herein would not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that 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); 
and (3) if promulgated, 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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the

[[Page 68958]]

location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by removing amendment 39-9694 (61 FR 
37199, July 17, 1996), and by adding a new airworthiness directive 
(AD), to read as follows:

British Aerospace Regional Aircraft (Formerly British Aerospace 
Regional Aircraft Limited, Avro International Aerospace Division; 
British Aerospace, PLC; British Aerospace Commercial Aircraft 
Limited): Docket 98-NM-174-AD. Supersedes AD 96-14-09, Amendment 39-
9694.

    Applicability: All Model BAe 146-100A, -200A, and -300A series 
airplanes, certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (g)(1) 
of this AD. The request should include an assessment of the effect 
of the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent engine power rollback during flight in icing 
conditions, a condition that could result in insufficient power to 
sustain flight, accomplish the following:

Restatement of Requirements of AD 96-14-09, Amendment 39-9694

Placard Installation

    (a) For airplanes listed in British Aerospace Service Bulletin 
SB.11-97-012858A, Revision 1, dated April 3, 1992: Within 30 days 
after December 17, 1992 (the effective date of AD 92-24-09, 
amendment 39-8415), install a placard below the ice protection 
switches on the flight deck overhead panel to include additional 
procedures to be followed when operating at certain flight levels 
with the engine and airframe anti-ice switch ON, in accordance with 
British Aerospace Service Bulletin SB.11-97-01285A, Revision 1, 
dated April 3, 1992.

Modification

    (b) For airplanes listed in British Aerospace Service Bulletin 
SB.11-97-01285A, Revision 1, dated April 3, 1992: Within 30 days 
after December 17, 1992 (the effective date of AD 92-24-09, 
amendment 39-8415), modify the air brake auto-retract function, in 
accordance with British Aerospace Service Bulletin SB.11-97-01285A, 
Revision 1, dated April 3, 1992.

Airplane Flight Manual Revision

    (c) Within 6 days after July 22, 1996 (the effective date of AD 
96-14-09, amendment 39-9694), amend the FAA-approved Airplane Flight 
Manual (AFM) as required by paragraphs (c)(1) and (c)(2) of this AD.
    (1) Remove the following Temporary Revisions (TR) from the 
Limitations Section and Normal/Abnormal Procedures Section, as 
applicable:
    (i) For Model BAe 146-100A series airplanes: TR 30, Issue No. 2 
(Document No. BAe 3.3), dated February 1994.
    (ii) For Model BAe 146-200A series airplanes: TR 41, Issue No. 2 
(Document No. BAe 3.3), dated February 1994, or TR 42, Issue No. 2 
(Document No. BAe 3.3), dated February 1994, as applicable.
    (iii) For Model BAe 146-300A series airplanes: TR 23, Issue No. 
2 (Document No. BAe 3.3), dated February 1994.
    (2) Insert the following TR's into the Limitations Section and 
the Normal/Abnormal Procedures/Handling Section, as applicable.
    (i) For Model BAe 146-100A series airplanes: TR 32, Issue No. 2 
(Document BAe 3.3), dated July 1996.
    (ii) For Model BAe 146-200A series airplanes: TR 44, Issue No. 2 
(Document BAe 3.6), dated July 1996.
    (iii) For Model BAe 146-300A series airplanes: TR 25, Issue No. 
2 (Document BAe 3.11), dated July 1996.
    (d) When the TR's specified in paragraph (c)(2) have been 
incorporated into an AFM General Revision, the applicable AFM 
General Revision may be inserted into the corresponding FAA-approved 
AFM, provided the information contained in the AFM General Revision 
corresponds identically to that specified in TR 32, TR 44, or TR 25.

New Requirements of this AD

Placard Installation

    (e) Within 30 days after the effective date of this AD, install 
a placard on the flight deck to indicate that a 26,000 feet altitude 
limitation in icing is applicable, and replace the ice protection 
panel placard with a new placard for N2 limitations, in accordance 
with British Aerospace Service Bulletin SB.11-137-30405A, dated 
March 26, 1998. Upon accomplishment of this placard installation, 
the placard required by paragraph (a) of this AD may be removed.

Optional Terminating Modification

    (f) Modification of all four engines [i.e., reduction of the 
length core-flow/fan-flow splitter (cut-back splitter); modification 
of the splitter lip insulating baffle; installation of a heated exit 
guide vane (EGV); relocation of the engine anti-ice air source to 
the combustor bleed plenum; installation of a new anti-ice valve 
with improved couplings; and installation of improved insulated 
connections], and insertions of AFM revisions, in accordance with 
British Aerospace Service Bulletin SB.71-72-30473A, dated July 8, 
1998, or Revision 1, dated November 2, 1998; constitutes terminating 
action for the requirements of this AD. After the modification is 
accomplished, the AFM revisions and placards required by paragraphs 
(c), (d), and (e) of this AD may be removed.

    Note 2: British Aerospace Service Bulletin SB.71-72-30473A, 
dated July 8, 1998, and Revision 1, dated November 2, 1998, only 
describes procedures for installation of engines that have been 
modified in accordance with the requirements of AD 99-15-06, 
amendment 39-11225.

Alternative Methods of Compliance

    (g)(1) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, International Branch, ANM-116, FAA, 
Transport Airplane Directorate. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

    (2) Alternative methods of compliance, approved previously in 
accordance with AD 96-14-09, amendment 39-9694, are approved as 
alternative methods of compliance with this AD.

Special Flight Permits

    (h) Special flight permits may be issued in accordance with 
Sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

    Note 4: The subject of this AD is addressed in British 
airworthiness directives 004-03-98 and 003-06-96, Revision 1.

    Issued in Renton, Washington, on December 3, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-31874 Filed 12-8-99; 8:45 am]
BILLING CODE 4910-13-U