Airworthiness Directives; BAE Systems (Operations) Limited Model BAe 146 Airplanes, 66106-66108 [E6-18966]
Download as PDF
66106
Federal Register / Vol. 71, No. 218 / Monday, November 13, 2006 / Rules and Regulations
manufacturer, this AD does not include that
requirement.
(1) Before further flight: Replace the
hydraulic accumulator with a new or
serviceable accumulator.
(2) Before further flight: Do a detailed
inspection for signs of failure (leaking or
cracking) of the hydraulic accumulator, and
replace any failed accumulator before further
flight. If there is no sign of failure, repeat the
inspection thereafter at the applicable
interval in paragraph (g)(2)(i) or (g)(2)(ii) of
this AD. Within 75 days after the effective
date of this AD, replace the affected
hydraulic accumulator with a new or
serviceable accumulator. Doing the
replacement terminates the repetitive
inspections.
(i) At intervals not to exceed 48 hours.
(ii) Before further flight following a report
of hydraulic fumes in the cabin air supply,
or after a hydraulic fluid low-level warning;
and thereafter at intervals not to exceed 48
hours.
(h) For airplanes on which more than one
affected accumulator is identified during the
inspection required by paragraph (f) of this
AD: Within 12 days after the effective date
of this AD, replace any affected accumulator
in accordance with paragraph (g)(1) of this
AD, so that no more than one accumulator
with an affected S/N remains on the airplane;
and inspect any remaining accumulator at
the applicable interval in paragraph (g)(2) of
this AD.
Note 1: BAE Systems (Operations) Limited
Service Bulletin ISB.29–A046, dated March
14, 2006, refers to APPH Service Bulletin
AIR91666–29–02, dated March 2006, as an
additional source of service information for
determining if an accumulator is a
serviceable accumulator. The procedures
include disassembling the accumulator
cylinder, and testing it for cracking.
cprice-sewell on PROD1PC66 with RULES
Note 2: For the purposes of this AD, a
detailed inspection is: ‘‘An intensive
examination of a specific item, installation,
or assembly to detect damage, failure, or
irregularity. Available lighting is normally
supplemented with a direct source of good
lighting at an intensity deemed appropriate.
Inspection aids such as mirror, magnifying
lenses, etc., may be necessary. Surface
cleaning and elaborate procedures may be
required.’’
Parts Installation
(i) Except as provided by paragraph (g)(2)
of this AD: As of the effective date of this AD,
no hydraulic accumulator having P/N
AIR91666–0, –1, or –2 that has an S/N
identified in paragraph C. of the
Accomplishment Instructions of BAE
Systems (Operations) Limited Inspection
Service Bulletin ISB.29–A046, dated March
14, 2006, may be installed on any airplane
except for accumulators on which the actions
specified in the Accomplishment
Instructions of APPH Service Bulletin
AIR91666–29–02, dated March 2006, have
been done.
airplane is allowed only if the airplane has
not flown more than 5 flight cycles since the
last inspection done in accordance with
paragraph (g)(2) or (h) of this AD, as
applicable; and if the flight can be
accomplished in one flight cycle with the
airplane unpressurized.
Alternative Methods of Compliance
(AMOCs)
(k)(1) The Manager, ANM–116, Transport
Airplane Directorate, FAA, has the authority
to approve AMOCs for this AD, if requested
in accordance with the procedures found in
14 CFR 39.19.
(2) Before using any AMOC approved in
accordance with § 39.19 on any airplane to
which the AMOC applies, notify the
appropriate principal inspector in the FAA
Flight Standards Certificate Holding District
Office.
Related Information
(l) European Aviation Safety Agency
(EASA) emergency airworthiness directive
2006–0061—E [Corrected], dated March 17,
2006, also addresses the subject of this AD.
Material Incorporated by Reference
(m) You must use BAE Systems
(Operations) Limited Inspection Service
Bulletin ISB.29–A046, dated March 14, 2006,
to perform the actions that are required by
this AD, unless the AD specifies otherwise.
The Director of the Federal Register approved
the incorporation by reference of this
document in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. Contact British Aerospace
Regional Aircraft American Support, 13850
Mclearen Road, Herndon, Virginia 20171, for
a copy of this service information. You may
review copies at the Docket Management
Facility, U.S. Department of Transportation,
400 Seventh Street, SW., Room PL–401,
Nassif Building, Washington, DC; on the
Internet at https://dms.dot.gov; or at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at the NARA,
call (202) 741–6030, or go to https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on October
31, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E6–18965 Filed 11–9–06; 8:45 am]
BILLING CODE 4910–13–P
15:06 Nov 09, 2006
Jkt 211001
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–25337; Directorate
Identifier 2006–NM–138–AD; Amendment
39–14825; AD 2006–23–13]
RIN 2120–AA64
Airworthiness Directives; BAE
Systems (Operations) Limited Model
BAe 146 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for all BAE
Systems (Operations) Limited Model
BAe 146 airplanes. This AD requires
inspecting the three-phase circuit
breakers and three-phase circuit breaker
panels for discrepancies; and fixing any
discrepancy and replacing
unserviceable units with new units, if
necessary. This AD results from reports
of three-phase circuit breakers
overheating on in-service airplanes. We
are issuing this AD to prevent failure of
a three-phase circuit breaker. Such
failure could prevent an electrical load
from being isolated from its electrical
supply, which could result in smoke or
fire in the flight deck.
DATES: This AD becomes effective
December 18, 2006.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of December 18, 2006.
ADDRESSES: You may examine the AD
docket on the Internet at https://
dms.dot.gov or in person at the Docket
Management Facility, U.S. Department
of Transportation, 400 Seventh Street,
SW., Nassif Building, Room PL–401,
Washington, DC.
Contact British Aerospace Regional
Aircraft American Support, 13850
Mclearen Road, Herndon, Virginia
20171, for service information identified
in this AD.
FOR FURTHER INFORMATION CONTACT:
Todd Thompson, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98057–3356; telephone (425) 227–1175;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Examining the Docket
Special Flight Permit Limited
(j) Using special flight permits (14 CFR
21.197 and 21.199) before all affected
hydraulic actuators are replaced on the
VerDate Aug<31>2005
DEPARTMENT OF TRANSPORTATION
You may examine the airworthiness
directive (AD) docket on the Internet at
https://dms.dot.gov or in person at the
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
E:\FR\FM\13NOR1.SGM
13NOR1
Federal Register / Vol. 71, No. 218 / Monday, November 13, 2006 / Rules and Regulations
Docket Management Facility office
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The Docket Management Facility office
(telephone (800) 647–5227) is located on
the plaza level of the Nassif Building at
the street address stated in the
ADDRESSES section.
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to all BAE Systems (Operations)
Limited Model BAe 146 airplanes. That
NPRM was published in the Federal
Register on July 13, 2006 (71 FR 39595).
That NPRM proposed to require
inspecting the three-phase circuit
breakers and three-phase circuit breaker
panels for discrepancies; and fixing any
discrepancy and replacing
unserviceable units with new units, if
necessary.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments received.
cprice-sewell on PROD1PC66 with RULES
Request To Consider Electronic Test in
Place of Visual Inspection
The commenter, a private citizen who
is also an airplane mechanic, believes
that a physical inspection will not
adequately determine an operational
deficiency. The commenter
recommends adding a periodic
electrical test of the affected circuit
breakers. In support of his
recommendation, the commenter
describes his experience as a helicopter
operator, and states that he built a bench
check unit that could verify an
operational deficiency of circuit
breakers.
We disagree with requiring an
electrical test in place of a detailed
(physical) inspection of the circuit
breakers. Both the original equipment
manufacturer and the European
Aviation Safety Agency (EASA), which
is the airworthiness authority for the
European Union, have determined that
a detailed inspection is adequate to
ensure safety. The commenter did not
provide factual or statistical data to
show that damaged circuit breakers
could remain on the airplane even
though the detailed inspection shows no
damage. However, the commenter
presents some interesting information
that we will share with the EASA. We
have not changed the AD in this regard.
VerDate Aug<31>2005
15:06 Nov 09, 2006
Jkt 211001
Request To Change Incorporation of
Certain Information
The Modification and Replacement
Parts Association (MARPA) states that,
typically, airworthiness directives are
based on service information originating
with the type certificate holder or its
suppliers. MARPA adds that
manufacturer service documents are
privately authored instruments
generally having copyright protection
against duplication and distribution.
MARPA notes that when a service
document is incorporation by reference
into a public document, such as an
airworthiness directive, it loses its
private, protected status and becomes a
public document. MARPA adds that, if
a service document is used as a
mandatory element of compliance, it
should not simply be referenced, but
should be incorporated into the
regulatory document; by definition,
public laws must be public, which
means they cannot rely upon private
writings. MARPA is concerned that the
failure to incorporate essential service
information could result in a court
decision invalidating the AD.
MARPA adds that incorporated by
reference service documents should be
made available to the public by
publication in the Document
Management System (DMS), keyed to
the action that incorporates them.
MARPA notes that the stated purpose of
the incorporated by reference method is
brevity, to keep from expanding the
Federal Register needlessly by
publishing documents already in the
hands of the affected individuals;
traditionally, ‘‘affected individuals’’
means aircraft owners and operators,
who are generally provided service
information by the manufacturer.
MARPA adds that a new class of
affected individuals has emerged, since
the majority of aircraft maintenance is
now performed by specialty shops
instead of aircraft owners and operators.
MARPA notes that this new class
includes maintenance and repair
organizations, component servicing and
repair shops, parts purveyors and
distributors, and organizations
manufacturing or servicing alternatively
certified parts under § 21.303 (‘‘Parts
manufacturer approval’’) of the Federal
Aviation Regulations (14 CFR part 21).
MARPA adds that the concept of brevity
is now nearly archaic as documents
exist more frequently in electronic
format than on paper. Therefore,
MARPA asks that the service documents
deemed essential to the accomplishment
of the NPRM be incorporated by
reference into the regulatory instrument,
and published in the DMS.
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
66107
We do not agree that documents
should be incorporated by reference
during the NPRM phase of rulemaking.
The Office of the Federal Register (OFR)
requires that documents that are
necessary to accomplish the
requirements of the AD be incorporated
by reference during the final rule phase
of rulemaking. This final rule
incorporates by reference the document
necessary for the accomplishment of the
requirements mandated by this AD.
Further, we point out that while
documents that are incorporated by
reference do become public information,
they do not lose their copyright
protection. For that reason, we advise
the public to contact the manufacturer
to obtain copies of the referenced
service information.
Additionally, we do not publish
service documents in DMS. We are
currently reviewing our practice of
publishing proprietary service
information. Once we have thoroughly
examined all aspects of this issue, and
have made a final determination, we
will consider whether our current
practice needs to be revised. However,
we consider that to delay this AD action
for that reason would be inappropriate,
since we have determined that an
unsafe condition exists and that the
requirements in this AD must be
accomplished to ensure continued
safety. Therefore, we have not changed
the AD in this regard.
Clarification of Costs of Compliance
We have clarified the Costs of
Compliance section in this AD to reflect
a revised number of U.S.-registered
airplanes.
Conclusion
We have carefully reviewed the
available data, including the comments
received, and determined that air safety
and the public interest require adopting
the AD as proposed.
Costs of Compliance
This AD affects about 16 airplanes of
U.S. registry. The inspection takes about
5 work hours per airplane, at an average
labor rate of $80 per work hour. Based
on these figures, the estimated cost of
the AD for U.S. operators is $6,400, or
$400 per airplane.
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.
E:\FR\FM\13NOR1.SGM
13NOR1
66108
Federal Register / Vol. 71, No. 218 / Monday, November 13, 2006 / Rules and Regulations
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 have determined that this AD will
not have federalism implications under
Executive Order 13132. This AD will
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 that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
(2) Is not a ‘‘significant rule’’ under
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 AD and placed it in the AD docket.
See the ADDRESSES section for a location
to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
cprice-sewell on PROD1PC66 with RULES
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
I
2006–23–13 BAE Systems (Operations)
Limited (Formerly British Aerospace
VerDate Aug<31>2005
15:06 Nov 09, 2006
Jkt 211001
Regional Aircraft): Amendment 39–
14825. Docket No. FAA–2006–25337;
Directorate Identifier 2006–NM–138–AD.
Effective Date
(a) This AD becomes effective December
18, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all BAE Systems
(Operations) Limited Model BAe 146–100A,
–200A, and –300A series airplanes,
certificated in any category.
Unsafe Condition
(d) This AD results from reports of threephase circuit breakers overheating on inservice airplanes. We are issuing this AD to
prevent failure of a three-phase circuit
breaker. Such failure could prevent an
electrical load from being isolated from its
electrical supply, which could result in
smoke or fire in the flight deck.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Detailed Inspection and Corrective Actions
(f) Within 12 months after the effective
date of this AD, do a detailed inspection of
the three-phase circuit breakers and threephase circuit breaker panels for discrepancies
(including but not limited to physical
damage, cracks, deterioration, corrosion,
discoloration, contamination by foreign
objects, and missing or improperly installed
terminal connections or attachments), in
accordance with the Accomplishment
Instructions of BAE Systems (Operations)
Limited Inspection Service Bulletin ISB.24–
141, dated August 15, 2005. If any
discrepancy is found, before further flight, fix
the discrepancy and replace unserviceable
units with new units, as applicable, in
accordance with the inspection service
bulletin.
Note 1: For the purposes of this AD, a
detailed inspection is: ‘‘An intensive
examination of a specific item, installation,
or assembly to detect damage, failure, or
irregularity. Available lighting is normally
supplemented with a direct source of good
lighting at an intensity deemed appropriate.
Inspection aids such as mirror, magnifying
lenses, etc., may be necessary. Surface
cleaning and elaborate procedures may be
required.’’
No Reporting
(g) Although the inspection service bulletin
referenced in this AD specifies to submit
certain information to the manufacturer, this
AD does not include that requirement.
Alternative Methods of Compliance
(AMOCs)
(h)(1) The Manager, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, has the authority to approve AMOCs
for this AD, if requested in accordance with
the procedures found in 14 CFR 39.19.
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
(2) Before using any AMOC approved in
accordance with § 39.19 on any airplane to
which the AMOC applies, notify the
appropriate principal inspector in the FAA
Flight Standards Certificate Holding District
Office.
Related Information
(i) The European Aviation Safety Agency
airworthiness directive 2006–0132, dated
May 18, 2006, also addresses the subject of
this AD.
Material Incorporated by Reference
(j) You must use BAE Systems (Operations)
Limited Inspection Service Bulletin ISB.24–
141, dated August 15, 2005, to perform the
actions that are required by this AD, unless
the AD specifies otherwise. The Director of
the Federal Register approved the
incorporation by reference of this document
in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Contact British Aerospace Regional
Aircraft American Support, 13850 Mclearen
Road, Herndon, Virginia 20171, for a copy of
this service information. You may review
copies at the Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street, SW., Room PL–401, Nassif
Building, Washington, DC; on the Internet at
https://dms.dot.gov; or at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at the NARA, call (202) 741–
6030, or go to https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on October
31, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E6–18966 Filed 11–9–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 203
[Docket No. 1992N–0297 (formerly 92N–
0297)]
RIN 0905–AC81
Distribution of Blood Derivatives by
Registered Blood Establishments That
Qualify as Health Care Entities;
Prescription Drug Marketing Act of
1987; Prescription Drug Amendments
of 1992; Delay of Applicability Date
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final rule; delay of applicability
date.
SUMMARY: The Food and Drug
Administration (FDA) is further
delaying, until December 1, 2008, the
applicability date of a certain
E:\FR\FM\13NOR1.SGM
13NOR1
Agencies
[Federal Register Volume 71, Number 218 (Monday, November 13, 2006)]
[Rules and Regulations]
[Pages 66106-66108]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-18966]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25337; Directorate Identifier 2006-NM-138-AD;
Amendment 39-14825; AD 2006-23-13]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited Model
BAe 146 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
BAE Systems (Operations) Limited Model BAe 146 airplanes. This AD
requires inspecting the three-phase circuit breakers and three-phase
circuit breaker panels for discrepancies; and fixing any discrepancy
and replacing unserviceable units with new units, if necessary. This AD
results from reports of three-phase circuit breakers overheating on in-
service airplanes. We are issuing this AD to prevent failure of a
three-phase circuit breaker. Such failure could prevent an electrical
load from being isolated from its electrical supply, which could result
in smoke or fire in the flight deck.
DATES: This AD becomes effective December 18, 2006.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of December 18,
2006.
ADDRESSES: You may examine the AD docket on the Internet at https://
dms.dot.gov or in person at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif Building,
Room PL-401, Washington, DC.
Contact British Aerospace Regional Aircraft American Support, 13850
Mclearen Road, Herndon, Virginia 20171, for service information
identified in this AD.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness directive (AD) docket on the
Internet at https://dms.dot.gov or in person at the
[[Page 66107]]
Docket Management Facility office between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. The Docket Management Facility
office (telephone (800) 647-5227) is located on the plaza level of the
Nassif Building at the street address stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to all BAE Systems
(Operations) Limited Model BAe 146 airplanes. That NPRM was published
in the Federal Register on July 13, 2006 (71 FR 39595). That NPRM
proposed to require inspecting the three-phase circuit breakers and
three-phase circuit breaker panels for discrepancies; and fixing any
discrepancy and replacing unserviceable units with new units, if
necessary.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Request To Consider Electronic Test in Place of Visual Inspection
The commenter, a private citizen who is also an airplane mechanic,
believes that a physical inspection will not adequately determine an
operational deficiency. The commenter recommends adding a periodic
electrical test of the affected circuit breakers. In support of his
recommendation, the commenter describes his experience as a helicopter
operator, and states that he built a bench check unit that could verify
an operational deficiency of circuit breakers.
We disagree with requiring an electrical test in place of a
detailed (physical) inspection of the circuit breakers. Both the
original equipment manufacturer and the European Aviation Safety Agency
(EASA), which is the airworthiness authority for the European Union,
have determined that a detailed inspection is adequate to ensure
safety. The commenter did not provide factual or statistical data to
show that damaged circuit breakers could remain on the airplane even
though the detailed inspection shows no damage. However, the commenter
presents some interesting information that we will share with the EASA.
We have not changed the AD in this regard.
Request To Change Incorporation of Certain Information
The Modification and Replacement Parts Association (MARPA) states
that, typically, airworthiness directives are based on service
information originating with the type certificate holder or its
suppliers. MARPA adds that manufacturer service documents are privately
authored instruments generally having copyright protection against
duplication and distribution. MARPA notes that when a service document
is incorporation by reference into a public document, such as an
airworthiness directive, it loses its private, protected status and
becomes a public document. MARPA adds that, if a service document is
used as a mandatory element of compliance, it should not simply be
referenced, but should be incorporated into the regulatory document; by
definition, public laws must be public, which means they cannot rely
upon private writings. MARPA is concerned that the failure to
incorporate essential service information could result in a court
decision invalidating the AD.
MARPA adds that incorporated by reference service documents should
be made available to the public by publication in the Document
Management System (DMS), keyed to the action that incorporates them.
MARPA notes that the stated purpose of the incorporated by reference
method is brevity, to keep from expanding the Federal Register
needlessly by publishing documents already in the hands of the affected
individuals; traditionally, ``affected individuals'' means aircraft
owners and operators, who are generally provided service information by
the manufacturer. MARPA adds that a new class of affected individuals
has emerged, since the majority of aircraft maintenance is now
performed by specialty shops instead of aircraft owners and operators.
MARPA notes that this new class includes maintenance and repair
organizations, component servicing and repair shops, parts purveyors
and distributors, and organizations manufacturing or servicing
alternatively certified parts under Sec. 21.303 (``Parts manufacturer
approval'') of the Federal Aviation Regulations (14 CFR part 21). MARPA
adds that the concept of brevity is now nearly archaic as documents
exist more frequently in electronic format than on paper. Therefore,
MARPA asks that the service documents deemed essential to the
accomplishment of the NPRM be incorporated by reference into the
regulatory instrument, and published in the DMS.
We do not agree that documents should be incorporated by reference
during the NPRM phase of rulemaking. The Office of the Federal Register
(OFR) requires that documents that are necessary to accomplish the
requirements of the AD be incorporated by reference during the final
rule phase of rulemaking. This final rule incorporates by reference the
document necessary for the accomplishment of the requirements mandated
by this AD. Further, we point out that while documents that are
incorporated by reference do become public information, they do not
lose their copyright protection. For that reason, we advise the public
to contact the manufacturer to obtain copies of the referenced service
information.
Additionally, we do not publish service documents in DMS. We are
currently reviewing our practice of publishing proprietary service
information. Once we have thoroughly examined all aspects of this
issue, and have made a final determination, we will consider whether
our current practice needs to be revised. However, we consider that to
delay this AD action for that reason would be inappropriate, since we
have determined that an unsafe condition exists and that the
requirements in this AD must be accomplished to ensure continued
safety. Therefore, we have not changed the AD in this regard.
Clarification of Costs of Compliance
We have clarified the Costs of Compliance section in this AD to
reflect a revised number of U.S.-registered airplanes.
Conclusion
We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD as proposed.
Costs of Compliance
This AD affects about 16 airplanes of U.S. registry. The inspection
takes about 5 work hours per airplane, at an average labor rate of $80
per work hour. Based on these figures, the estimated cost of the AD for
U.S. operators is $6,400, or $400 per airplane.
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.
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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 have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will 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 that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under 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 AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
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Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
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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]
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2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2006-23-13 BAE Systems (Operations) Limited (Formerly British
Aerospace Regional Aircraft): Amendment 39-14825. Docket No. FAA-
2006-25337; Directorate Identifier 2006-NM-138-AD.
Effective Date
(a) This AD becomes effective December 18, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all BAE Systems (Operations) Limited
Model BAe 146-100A, -200A, and -300A series airplanes, certificated
in any category.
Unsafe Condition
(d) This AD results from reports of three-phase circuit breakers
overheating on in-service airplanes. We are issuing this AD to
prevent failure of a three-phase circuit breaker. Such failure could
prevent an electrical load from being isolated from its electrical
supply, which could result in smoke or fire in the flight deck.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Detailed Inspection and Corrective Actions
(f) Within 12 months after the effective date of this AD, do a
detailed inspection of the three-phase circuit breakers and three-
phase circuit breaker panels for discrepancies (including but not
limited to physical damage, cracks, deterioration, corrosion,
discoloration, contamination by foreign objects, and missing or
improperly installed terminal connections or attachments), in
accordance with the Accomplishment Instructions of BAE Systems
(Operations) Limited Inspection Service Bulletin ISB.24-141, dated
August 15, 2005. If any discrepancy is found, before further flight,
fix the discrepancy and replace unserviceable units with new units,
as applicable, in accordance with the inspection service bulletin.
Note 1: For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirror, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate procedures may be required.''
No Reporting
(g) Although the inspection service bulletin referenced in this
AD specifies to submit certain information to the manufacturer, this
AD does not include that requirement.
Alternative Methods of Compliance (AMOCs)
(h)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Related Information
(i) The European Aviation Safety Agency airworthiness directive
2006-0132, dated May 18, 2006, also addresses the subject of this
AD.
Material Incorporated by Reference
(j) You must use BAE Systems (Operations) Limited Inspection
Service Bulletin ISB.24-141, dated August 15, 2005, to perform the
actions that are required by this AD, unless the AD specifies
otherwise. The Director of the Federal Register approved the
incorporation by reference of this document in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Contact British Aerospace Regional
Aircraft American Support, 13850 Mclearen Road, Herndon, Virginia
20171, for a copy of this service information. You may review copies
at the Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Room PL-401, Nassif
Building, Washington, DC; on the Internet at https://dms.dot.gov; or
at the National Archives and Records Administration (NARA). For
information on the availability of this material at the NARA, call
(202) 741-6030, or go to https://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on October 31, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-18966 Filed 11-9-06; 8:45 am]
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