[Federal Register: May 27, 2004 (Volume 69, Number 103)]
[Proposed Rules]
[Page 30244-30245]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27my04-25]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 30244]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-NM-172-AD]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited Model
BAe 146 and Avro 146-RJ 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 certain BAE Systems (Operations)
Limited Model BAe 146 and Avro 146-RJ series airplanes. This proposal
would require replacing the existing bellows inlet duct of the
auxiliary power unit (APU) system with a new, improved rectangular
metallic bellows inlet duct. This action is necessary to prevent air
from the APU bay being ingested into the flight deck and passenger
cabin resulting in poor air quality and, if the air is contaminated,
possible incapacitation of the flightcrew and passengers. This action
is intended to address the identified unsafe condition.
DATES: Comments must be received by June 28, 2004.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2003-NM-172-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-172-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-172-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. 2003-NM-172-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 certain BAE Systems (Operations) Limited Model
BAe 146 and Avro 146-RJ series airplanes. The CAA advises that the
existing auxiliary power unit (APU) inlet duct and sealing
configuration has been found to be unreliable in service. This
condition, if not corrected, could result in air from the APU bay being
ingested into the flight deck and passenger cabin resulting in poor air
quality and, if the air is contaminated, possible incapacitation of the
flightcrew and passengers.
Explanation of Relevant Service Information
BAE Systems (Operations) Limited has issued Modification Service
Bulletin SB.49-036-36019E, Revision 4, dated April 30, 2003. The
service bulletin describes procedures for replacing the existing rubber
bellows inlet duct and sealing configuration of the APU system, with a
new, improved rectangular metallic bellows inlet duct, which
incorporates an improved seal and clamp configuration. The procedures
include instructions for degreasing and priming the mating surfaces of
the new duct. Accomplishment of the actions specified in the service
bulletin is intended to adequately address the identified unsafe
condition. The CAA classified this service bulletin as mandatory and
issued British airworthiness directive 007-04-2003 to
[[Page 30245]]
ensure the continued airworthiness of these airplanes in the United
Kingdom.
FAA's Conclusions
These airplane models are manufactured in the United Kingdom and
are 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.
Difference Between the Service Information and Proposed AD
The service bulletin specifies to submit certain information to the
manufacturer. This AD does not include such a requirement.
Clarification of Compliance Time
Operators should note that the British airworthiness directive and
the service bulletin both specify to replace the APU bellows inlet duct
at the next scheduled APU removal or the next ``C-check,'' whichever is
first. Because maintenance and ``C-check'' schedules vary among
operators, this proposed AD would require accomplishment of the
replacement within 24 months or 4,000 flight cycles after the effective
date of the AD, whichever is first. We find that compliance within 24
months or 4,000 flight cycles after the effective date of this AD is
appropriate for affected airplanes to continue to operate without
compromising safety.
Cost Impact
We estimate that 54 airplanes of U.S. registry would be affected by
this proposed AD, that it would take approximately 2 work hours per
airplane to accomplish the proposed replacement, and that the average
labor rate is $65 per work hour. Required parts would cost
approximately $4,500 per airplane. Based on these figures, the cost
impact of the proposed AD on U.S. operators is estimated to be
$250,020, or $4,630 per airplane.
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-172-AD.
Applicability: Model 146 series airplanes with Modification
HCM30027A, HCM36019A, or HCM30373A installed; and Model Avro 146-RJ
series airplanes with Modification HCM36019A or HCM30373A installed;
certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent air from the auxiliary power unit (APU) bay being
ingested into the flight deck and passenger cabin resulting in poor
air quality and, if the air is contaminated, possible incapacitation
of the flightcrew and passengers, accomplish the following:
Replacement of Rubber Bellows Inlet Duct
(a) Within 24 months or 4,000 flight cycles after the effective
date of this AD, whichever is first: Replace the existing rubber
bellows inlet duct and sealing configuration of the APU system, with
a new, improved rectangular metallic bellows inlet duct, which
incorporates an improved seal and clamp configuration, per the
Accomplishment Instructions of BAE Systems (Operations) Limited
Modification Service Bulletin SB.49-036-36019E, Revision 4, dated
April 30, 2003. Although the service bulletin specifies to submit
certain information to the manufacturer, this AD does not include
such a requirement.
Alternative Methods of Compliance
(b) In accordance with 14 CFR 39.19, the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA, is authorized
to approve alternative methods of compliance for this AD.
Note 1: The subject of this AD is addressed in British
airworthiness directive 007-04-2003.
Issued in Renton, Washington, on May 18, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-11961 Filed 5-26-04; 8:45 am]
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