[Federal Register Volume 75, Number 83 (Friday, April 30, 2010)]
[Proposed Rules]
[Pages 22710-22712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10111]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0434; Directorate Identifier 2009-NM-221-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146-100A and -200A Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    The operation of the airbrake lever in the ``airbrakes out'' to 
``lift spoiler'' range has been the subject of two occurrence 
reports. The lift spoilers on the BAe 146 and Avro 146-RJ aeroplanes 
have been designed to deploy on landing to provide aerodynamic 
braking and to dump lift to ensure that the wheel brakes can provide 
the necessary speed reduction.
* * * * *
    The effects of deceleration and landing inertia loads can cause 
uncommanded movement of the airbrake selector lever from the ``lift 
spoiler'' position to the ``airbrakes out'' position, causing the 
lift spoilers to retract during the landing roll. This condition, if 
not corrected, would increase the landing distance, possibly 
resulting in a runway overrun and consequent injury to aeroplane 
occupants.
* * * * *

The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by June 14, 2010.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 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 Regional Aircraft, 13850 McLearen Road, Herndon, Virginia 
20171; telephone 703-736-1080; e-mail <a href="/cdn-cgi/l/email-protection#61130004031412080f0412122103000412181215040c124f020e0c"><span class="__cf_email__" data-cfemail="5e2c3f3b3c2b2d37303b2d2d1e3c3f3b2d272d2a3b332d703d3133">[email protected]</span></a>; 
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, Washington. 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, Washington 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-2010-0434; 
Directorate Identifier 2009-NM-221-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 have lengthened the 30-day comment period for proposed ADs that 
address MCAI originated by aviation

[[Page 22711]]

authorities of other countries to provide adequate time for interested 
parties to submit comments. The comment period for these proposed ADs 
is now typically 45 days, which is consistent with the comment period 
for domestic transport ADs.
    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 2009-0206, dated September 30, 2009 (referred 
to after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    The operation of the airbrake lever in the ``airbrakes out'' to 
``lift spoiler'' range has been the subject of two occurrence 
reports. The lift spoilers on the BAe 146 and Avro 146-RJ aeroplanes 
have been designed to deploy on landing to provide aerodynamic 
braking and to dump lift to ensure that the wheel brakes can provide 
the necessary speed reduction.
    A review of the changing operational profile of the aeroplane 
type concluded that its proven short field performance has 
increasingly been exploited in recent years by a number of operators 
worldwide. Frequently, these short field operations are conducted 
from airports that are located in mountainous terrain or in close 
proximity to bodies of water, leaving fewer margins for error, e.g. 
landing long or at (too) high speed.
    The effects of deceleration and landing inertia loads can cause 
uncommanded movement of the airbrake selector lever from the ``lift 
spoiler'' position to the ``airbrakes out'' position, causing the 
lift spoilers to retract during the landing roll. This condition, if 
not corrected, would increase the landing distance, possibly 
resulting in a runway overrun and consequent injury to aeroplane 
occupants.
    On certain BAe 146 aeroplanes, without modifications HCM00889A 
and B or modifications HCM00889A and C incorporated, negligible 
force is required to move the airbrake lever back to the ``airbrakes 
out'' position. From 1988 onwards, modifications were introduced on 
the production line to incorporate a modified friction baulking 
device such that a force of 12 lbs must be applied to move the 
airbrake lever from the ``lift spoiler'' position to the ``airbrakes 
out'' position. These modifications were also made available as an 
optional in-service retrofit.
    For the reasons described above, this AD requires the 
modification of the airbrake lever detent mechanism.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    British Aerospace has issued 146 Modification Service Bulletin 27-
73-00889A&B, Revision 4, dated June 15, 1990. The actions described in 
this service information are intended to correct the unsafe condition 
identified in the MCAI.

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

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 1 product of U.S. registry. We also estimate that it 
would take about 11 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Required parts would cost about $7,000 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 
costs. 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 the proposed AD on U.S. operators to 
be $7,935 per product.

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); and
    3. 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:


[[Page 22712]]


    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

BAE Systems (Operations) Limited: Docket No. FAA-2010-0434; 
Directorate Identifier 2009-NM-221-AD.

Comments Due Date

    (a) We must receive comments by June 14, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to BAE Systems (Operations) Limited Model 
BAe 146-100A and -200A series airplanes, certificated in any 
category, serial numbers as listed in British Aerospace 146 
Modification Service Bulletin 27-73-00889A&B, Revision 4, dated June 
15, 1990.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    The operation of the airbrake lever in the ``airbrakes out'' to 
``lift spoiler'' range has been the subject of two occurrence 
reports. The lift spoilers on the BAe 146 and Avro 146-RJ aeroplanes 
have been designed to deploy on landing to provide aerodynamic 
braking and to dump lift to ensure that the wheel brakes can provide 
the necessary speed reduction.
    A review of the changing operational profile of the aeroplane 
type concluded that its proven short field performance has 
increasingly been exploited in recent years by a number of operators 
worldwide. Frequently, these short field operations are conducted 
from airports that are located in mountainous terrain or in close 
proximity to bodies of water, leaving fewer margins for error, e.g. 
landing long or at (too) high speed.
    The effects of deceleration and landing inertia loads can cause 
uncommanded movement of the airbrake selector lever from the ``lift 
spoiler'' position to the ``airbrakes out'' position, causing the 
lift spoilers to retract during the landing roll. This condition, if 
not corrected, would increase the landing distance, possibly 
resulting in a runway overrun and consequent injury to aeroplane 
occupants.
    On certain BAe 146 aeroplanes, without modifications HCM00889A 
and B or modifications HCM00889A and C incorporated, negligible 
force is required to move the airbrake lever back to the ``airbrakes 
out'' position. From 1988 onwards, modifications were introduced on 
the production line to incorporate a modified friction baulking 
device such that a force of 12 lbs must be applied to move the 
airbrake lever from the ``lift spoiler'' position to the ``airbrakes 
out'' position. These modifications were also made available as an 
optional in-service retrofit.
    For the reasons described above, this AD requires the 
modification of the airbrake lever detent mechanism.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Do the following actions.
    (1) Within 12 months after the effective date of this AD, modify 
the airbrake lever detent mechanism, in accordance with the 
Accomplishment Instructions of British Aerospace 146 Modification 
Service Bulletin 27-73-00889A&B, Revision 4, dated June 15, 1990.
    (2) Modifying the airbrake lever detent mechanism is also 
acceptable for compliance with paragraph (g)(1) of this AD, if done 
before the effective date of this AD in accordance with the 
Accomplishment Instructions of British Aerospace 146 Modification 
Service Bulletin 27-73-00889A&B, Revision 3, dated August 1, 1989.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: While European Aviation Safety Agency (EASA) AD 2009-
0206, dated September 30, 2009, considers Revision 0, 1, or 2 of 
British Aerospace 146 Modification Service Bulletin 27-73-00889A&B 
as an acceptable method of compliance, this AD does not. However, 
operators may request for approval of an alternative method of 
compliance in accordance with the procedures specified in paragraph 
(h)(1) of this AD.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: Todd 
Thompson, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-1175; fax (425) 227-1149. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards 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.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (i) Refer to MCAI EASA Airworthiness Directive 2009-0206, dated 
September 30, 2009; and British Aerospace 146 Modification Service 
Bulletin 27-73-00889A&B, Revision 4, dated June 15, 1990; for 
related information.

    Issued in Renton, Washington, on April 23, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-10111 Filed 4-29-10; 8:45 am]
BILLING CODE 4910-13-P


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