[Federal Register: April 15, 2004 (Volume 69, Number 73)]
[Proposed Rules]
[Page 19954-19956]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ap04-17]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-NM-94-AD]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited Model
BAe 146 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to all BAE Systems (Operations)
Limited Model BAe 146 series airplanes. This proposal would require
repetitive detailed inspections of the inside of each air conditioning
sound-attenuating duct, and corrective actions as necessary. This
action is necessary to prevent impairment of the operational skills and
abilities of the flightcrew caused by the inhalation of agents released
from oil or oil breakdown products, which could result in reduced
controllability of the airplane. This action is intended to address the
identified unsafe condition.
DATES: Comments must be received by May 17, 2004.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2003-NM-94-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. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2003-NM-94-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 or 2000 or
ASCII text.
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: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-1175; 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 action may be changed in
light of the comments received.
Submit comments using the following format:
Organize comments issue-by-issue. For example,
discuss a request to change the compliance time and a request to change
the service bulletin reference as two separate issues.
For each issue, state what specific change to
the proposed AD is being requested.
Include justification (e.g., reasons or data)
for each request.
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 action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2003-NM-94-AD.'' The postcard will be date stamped and
returned to the commenter.
[[Page 19955]]
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. 2003-NM-94-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Civil Aviation Authority (CAA), which is the airworthiness
authority for the United Kingdom, notified the FAA that an unsafe
condition may exist on all BAE Systems (Operations) Limited Model BAe
146 series airplanes. The CAA advises that incidents have been reported
involving impaired performance of the flightcrew. The impaired
performance may have resulted from the flightcrew's inhalation of
agents released from the breakdown of oil, which leaked and
contaminated the environmental control system; or from unidentified
cabin/flight deck odors. The preliminary investigations did not provide
substantiating evidence indicating that the inhalation of oil or oil
breakdown products could impair flightcrew performance. However, more
extensive investigations are being done to determine the nature of any
agents that may be released into the cabin/flight deck environments and
to identify any necessary corrective actions. While these
investigations are being done, oil leaks and cabin/flight deck odors
should be regarded as potential threats to flight safety. The
possibility of odors and toxic fumes entering the cabin/flight deck, if
not corrected, could result in impairment of the operational skills and
abilities of the flightcrew, caused by the inhalation of agents
released from oil or oil breakdown products, which could result in
reduced controllability of the airplane.
Explanation of Relevant Service Information
BAE Systems (Operations) Limited has issued Inspection Service
Bulletin ISB.21-156, dated October 31, 2002, which describes procedures
for repetitive inspections of each air conditioning sound-attenuating
duct for the presence of oil contamination, and corrective action as
necessary. These procedures include inspecting for signs of
contamination on the inside of the mixing chamber duct/filter housing
of each air conditioning sound-attenuating duct. The service bulletin
also includes the criteria for distinguishing between normal
contamination and oil contamination on the inside of the ducts to
determine if a duct should be considered contaminated. The rejection
criteria include:
Squeezing the inner and outer skins of the
sound-attenuating duct together. Any evidence of oil seepage through
the inner surface of the duct is unacceptable.
Using the sense of smell. Any strong and obvious
odor of oil, sweaty socks, ``locker rooms,'' or rancid cheese may
indicate the presence of oils or oil breakdown products. The service
bulletin recommends that operators determine if any odor from the duct
is consistent with previous flightcrew or passenger complaints of odor
in the flight deck/cabin.
The corrective actions include replacing any contaminated sound-
attenuating duct with new parts, and cleaning the mixing chamber duct/
filter housing.
The CAA classified this service bulletin as mandatory and issued
British airworthiness directive 003-10-2002 to ensure the continued
airworthiness of these airplanes in the United Kingdom.
Related AD
The FAA has issued a related AD, AD 2004-05-11, amendment 39-13506
(69 FR 11297, March 10, 2004), which is applicable to all BAE Systems
(Operations) Limited Model BAe 146 series airplanes. Among other
things, that AD requires repetitive general visual inspections of the
inside of the condenser regenerative air ducts, air cycle machine
turbine outlet, and the jet pump ducts on each air conditioning pack to
detect oil and/or oil breakdown products. This action proposes a
detailed inspection of the inside of each of the four air conditioning
sound-attenuating ducts for the presence of contamination from oil and/
or oil breakdown products on the same model airplanes.
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 AD
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 require accomplishment of
the actions specified in the service bulletin described previously,
except as discussed below.
Differences Among the British Airworthiness Directive, Service
Bulletin, and Proposed AD
The British airworthiness directive and the service bulletin both
specify that the inspection should be done at the next ``A-check,'' or
within 500 flights after November 30, 2002; and repeated at every ``C-
check.'' Because ``A-check'' and ``C-check'' schedules vary among
operators, this proposed AD would require accomplishment of the
inspection within 120 days or 500 flight cycles after the effective
date of this proposed AD, whichever is first, and repetitive
inspections thereafter at intervals not to exceed 4,000 flight cycles.
We find that a compliance time of 120 days or 500 flight cycles after
the effective date of the AD, whichever is first, and repetitive
inspections thereafter at intervals not to exceed 4,000 flight cycles,
are appropriate for affected airplanes to continue to operate without
compromising safety. Although the Accomplishment Instructions of the
service bulletin specify to report inspection results to the
manufacturer, this proposed AD does not require that action.
Clarification of Type of Inspection
The British airworthiness directive and the service bulletin
specify that operators do an inspection of the inside of each air
conditioning sound-attenuating duct. This proposed AD requires a
``detailed'' inspection. Note 1 has been included in this proposed AD
to define this type of inspection.
Interim Action
This is considered to be interim action until final action is
identified, at which time the FAA may consider further rulemaking.
Cost Impact
We estimate that 20 airplanes of U.S. registry would be affected by
this proposed AD, and that it would take approximately 5 work hours per
airplane to accomplish the proposed inspections. The average labor rate
is $65 per work hour. Based on these figures, the cost impact of the
proposed AD on U.S. operators is estimated to be
[[Page 19956]]
$6,500, or $325 per airplane, per inspection cycle.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the proposed requirements of
this AD action, and that no operator would accomplish those actions in
the future if this AD were not adopted. The cost impact figures
discussed in AD rulemaking actions represent only the time necessary to
perform the specific actions actually required by the AD. These figures
typically do not include incidental costs, such as the time required to
gain access and close up, planning time, or time necessitated by other
administrative actions.
Regulatory Impact
The regulations proposed herein 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. Therefore, it
is determined that this proposal would not have federalism implications
under Executive Order 13132.
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 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 adding the following new
airworthiness directive:
BAE Systems (Operations) Limited (Formerly British Aerospace
Regional Aircraft): Docket 2003-NM-94-AD.
Applicability: All Model BAe 146 series airplanes, certificated
in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent impairment of the operational skills and abilities of
the flightcrew caused by the inhalation of agents released from oil
or oil breakdown products, which could result in reduced
controllability of the airplane, accomplish the following:
Repetitive Inspections and Corrective Action
(a) Within 120 days or 500 flight cycles after the effect date
of this AD, whichever is first: Do a detailed inspection of the
inside of each of the four air conditioning sound-attenuating ducts
for the presence of oil contamination, and corrective actions as
applicable. Do all of the applicable actions per BAE Systems
(Operations) Limited Inspection Service Bulletin ISB.21-156, dated
October 31, 2002. Any corrective action must be done before further
flight. Repeat the inspection thereafter at intervals not to exceed
4,000 flight cycles.
Note 1: For the purposes of this AD, a detailed inspection is
defined as: ``An intensive visual examination of a specific
structural area, system, installation, or assembly to detect damage,
failure, or irregularity. Available lighting is normally
supplemented with a direct source of good lighting at intensity
deemed appropriate by the inspector. Inspection aids such as mirror,
magnifying lenses, etc., may be used. Surface cleaning and elaborate
access procedures may be required.''
Submission of Information Not Required
(b) Although the service bulletin specifies to report inspection
results to the manufacturer, this AD does not include such a
requirement.
Alternative Methods of Compliance
(c) In accordance with 14 CFR 39.19, the Manager, International
Branch, ANM-116, FAA, Transport Airplane Directorate, is authorized
to approve alternative methods of compliance for this AD.
Note 2: The subject of this AD is addressed in British
airworthiness directive 003-10-2002.
Issued in Renton, Washington, on April 6, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-8536 Filed 4-14-04; 8:45 am]
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