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.

Proposed Rules Federal Register

60651 

Vol. 77, No. 193 

Thursday, October 4, 2012 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1040; Directorate 

Identifier 2012–NM–029–AD] 

RIN 2120–AA64 

Airworthiness Directives; BAE 

Systems (Operations) Limited 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all BAE 

Systems (Operations) Limited Model 

BAe 146, and Avro 146–RJ series 

airplanes. This proposed AD was 

prompted by a report of loss of the end 

caps on the anti-icing piccolo tube of 

the wing leading edge. This proposed 

AD would require a detailed inspection 

of the end caps on the anti-icing piccolo 

tube for lost or loose end caps, and 

replacing or repairing the end caps if 

necessary. We are proposing this AD to 

detect and correct lost and loose end 

caps on the anti-icing piccolo tube, and 

ice accretion on the wing leading edge 

or run-back ice, which could lead to a 

reduction in the stall margin on 

approach and loss of controllability of 

the airplane. 

DATES: We must receive comments on 

this proposed AD by November 19, 

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 

RApublications@baesystems.com; 

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, WA. 

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, WA 

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–2012–1040; Directorate Identifier 

2012–NM–029–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 2012–0003, 

dated January 6, 2012 (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

An operator reported the loss of the wing 

leading edge anti-icing piccolo tube end caps 

on two aircraft. This was discovered during 

routine zonal inspections when the wing tips 

were removed. The loss of the end cap would 

result in a reduction in anti-icing efficiency, 

over the outboard portion of the leading edge 

of that wing, affecting approximately 25% of 

the wingspan towards the wing tip. 

The System Safety Analysis (SSA) 

classifies the loss of anti-icing of both of the 

outer wings as hazardous if the loss is not 

indicated to the crew. The loss of a piccolo 

tube end cap would not be indicated to the 

flight crew and, therefore, this reduction in 

anti-icing capability on one wing must also 

be classified as hazardous. 

This condition, if not detected and 

corrected, could result in ice accretion on the 

wing leading edge, or run-back ice and could 

lead to a reduction in the stall margin on 

approach together with a reduction in roll 

control authority. 

For the reasons described above, this 

[EASA] AD requires a one-off [detailed] 

inspection [for lost and loose end caps] of the 

piccolo tube end caps. The results of this 

inspection will be used to establish a suitable 

repeat inspection period, which will be 

introduced through the Maintenance Review 

Board (MRB) process. 

The corrective action is replacing or 

repairing the end caps if necessary. You 

may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

BAE Systems (Operations) Limited 

has issued Inspection Service Bulletin 

ISB. 30–025, dated April 19, 2011. The 

actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 


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60652 Federal Register / Vol. 77, No. 193 / Thursday, October 4, 2012 / Proposed Rules 

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. 

Differences Between This AD and the 

MCAI or Service Information 

Although EASA Airworthiness 

Directive 2012–0003, dated January 6, 

2012, and BAE Systems (Operations) 

Limited Inspection Service Bulletin ISB. 

30–025, dated April 19, 2011, specify a 

reporting requirement, this AD does not 

require reporting. This difference has 

been coordinated with EASA. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 2 products of U.S. registry. 

We also estimate that it would take 

about 2 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Based on 

these figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$340, or $170 per product. 

In addition, we estimate that any 

necessary follow-on actions would take 

about 8 work-hours and require parts 

costing $140, for a cost of $820 per 

product. We have no way of 

determining the number of products 

that may need these actions. 

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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

BAE Systems (Operations) Limited: Docket 

No. FAA–2012–1040; Directorate 

Identifier 2012–NM–029–AD. 

(a) Comments Due Date 

We must receive comments by November 

19, 2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all 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; all serial numbers. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 30, Ice and rain protection. 

(e) Reason 

This AD was prompted by a report of loss 

of the end caps on the anti-icing piccolo tube 

of the wing leading edge. We are issuing this 

AD to detect and correct lost and loose end 

caps on the anti-icing piccolo tube, and ice 

accretion on the wing leading edge or runback ice, which could lead to a reduction in 

the stall margin on approach and loss of 

controllability of the airplane. 

(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) Inspection 

Within 12 months after the effective date 

of this AD: Do a detailed inspection of the 

end caps on the anti-icing piccolo tube for 

lost and loose end caps, in accordance the 

Accomplishment Instructions of BAE 

Systems (Operations) Limited Inspection 

Service Bulletin ISB. 30–025, dated April 19, 

2011. 

(h) Corrective Action 

If, during the detailed inspection required 

by paragraph (g) of this AD, a lost or loose 

end cap of the anti-icing piccolo tube is 

found: Before next flight, replace the end cap, 

in accordance the Accomplishment 

Instructions of BAE Systems (Operations) 

Limited Inspection Service Bulletin ISB. 30– 

025, dated April 19, 2011, or repair in 

accordance with a method approved by the 

Manager, International Branch, ANM–116, 

Transport Airplane Directorate, FAA, or the 

European Aviation Safety Agency (EASA) (or 

its delegated agent). 

(i) No Reporting Requirement 

EASA Airworthiness Directive 2012–0003, 

dated January 6, 2012, specifies a reporting 

requirement; this AD does not require 

reporting. 

(j) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, 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, WA 98057–3356; 

telephone (425) 227–1175; fax (425) 227– 

1149. Information may be emailed to: 9– 

ANM–116–AMOC–REQUESTS@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 


emcdonald on DSK67QTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 193 / Thursday, October 4, 2012 / Proposed Rules 60653 

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. 

(k) Related Information 

(1) Refer to MCAI EASA Airworthiness 

Directive 2012–0003, dated January 6, 2012; 

and BAE Systems (Operations) Limited 

Inspection Service Bulletin ISB. 30–025, 

dated April 19, 2011; 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 

RApublications@baesystems.com; 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, WA. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

Issued in Renton, Washington, on 

September 27, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–24473 Filed 10–3–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1036; Directorate 

Identifier 2011–NM–122–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to supersede an 

existing airworthiness directive (AD) 

that applies to certain Airbus Model 

A319, A320, and A321 airplanes. The 

existing AD currently requires installing 

spacer assemblies at the attachment 

points of the YZ-latches of the cargo 

loading system (CLS) in the forward and 

aft cargo compartments, as applicable. 

Since we issued that AD, we have 

received reports that the installation has 

been applied only on one of the lower 

deck cargo holds, instead of on both 

forward and aft cargo holds, and that 

some airplanes could have installed the 

affected YZ-latches through the 

instructions of the cargo conversion 

manual. This proposed AD would 

require modifying the attachment points 

of fixed YZ-latches of the CLS lower 

deck cargo holds on those airplanes on 

which one or both lower deck cargo 

holds have not been modified. We are 

proposing this AD to prevent failure of 

the attachment points of the YZ-latches, 

which could result in unrestrained 

cargo causing damage to the fire 

protection system, hydraulic system, 

electrical wiring, or other equipment 

located in the forward and aft cargo 

compartments. This damage could 

adversely affect the continued safe flight 

of the airplane. 

DATES: We must receive comments on 

this proposed AD by November 19, 

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 Airbus SAS– 

EAW (Airworthiness Office), 1 Rond 

Point Maurice Bellonte, 31707 Blagnac 

Cedex, France; telephone +33 5 61 93 36 

96; fax +33 5 61 93 44 51; email 

account.airworth-eas@airbus.com; 

Internet http://www.airbus.com. You 

may review copies of the referenced 

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. 

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: 

Sanjay Ralhan, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; telephone (425) 227–1405; 

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–2012–1036; Directorate Identifier 

2011–NM–122–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 

On February 22, 2007, we issued AD 

2007–05–13, Amendment 39–14974 (72 

FR 10348, March 8, 2007). That AD 

required actions intended to address an 

unsafe condition on certain Airbus 

Model A319, A320, and A321 series 

airplanes. 

Since we issued AD 2007–05–13, 

Amendment 39–14974 (72 FR 10348, 

March 8, 2007), we have determined 

that additional airplanes are affected by 

the unsafe condition. The European 

Aviation Safety Agency (EASA), which 

is the Technical Agent for the Member 

States of the European Community, has 

issued EASA Airworthiness Directive 

2011–0077, dated May 5, 2011 (referred 

to after this as ‘‘the MCAI’’), to correct 

an unsafe condition for the specified 

products. The MCAI states: 

Investigation has revealed that the installed 

Tie Down Points of YZ latches on the Cargo 

Loading System (CLS) of Airbus A319, A320 

and A321 aeroplanes do not withstand the 

maximum loads in accordance with the 

certification requirements (CS 25.787 

‘‘Stowage compartments’’). 

In case of failure of Tie Down Points, 

unrestrained cargo parts could cause damage 

in the Forward (FWD) and AFT lower deck 


emcdonald on DSK67QTVN1PROD with PROPOSALS