Airworthiness Directives; BAE Systems (Operations) Limited Model BAe 146 and Model Avro 146-RJ Airplanes, 72968-72969 [E7-24922]
Download as PDF
72968
Proposed Rules
Federal Register
Vol. 72, No. 246
Wednesday, December 26, 2007
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.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–0371; Directorate
Identifier 2007–NM–269–AD]
RIN 2120–AA64
Airworthiness Directives; BAE
Systems (Operations) Limited Model
BAe 146 and Model Avro 146–RJ
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: We propose to adopt a new
airworthiness directive (AD) for the
products listed above. This proposed
AD results from service history of
incidents and accidents involving
transport category turbojet airplanes
without leading edge high lift devices,
that shows that even small amounts of
frost, ice, snow, or slush on the wing
leading edges or forward upper wing
surfaces can cause an adverse change in
the stall speeds, stall characteristics,
and the protection provided by the stall
protection system. This proposed AD
requires revising the airplane flight
manual to include a new cold weather
operations limitation. We are proposing
this AD to prevent possible loss of
control on takeoff resulting from even
small amounts of frost, ice, snow, or
slush on the wing leading edges or
forward upper wing surfaces. The
proposed AD would require actions that
are intended to address the unsafe
condition.
We must receive comments on
this proposed AD by January 25, 2008.
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.
jlentini on PROD1PC65 with PROPOSALS
DATES:
VerDate Aug<31>2005
17:22 Dec 21, 2007
Jkt 214001
• 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
W12–40, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
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–2007–0371; Directorate Identifier
2007–NM–269–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
In February 2005, the FAA began a
review of certain airplanes of concern—
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
turbojet airplanes without leading edge
high lift devices—to determine their
sensitivity to takeoff in ice/frost
conditions. We have taken a broad and
proactive approach to this issue. This
approach involved a review of the effect
of small amounts of wing contamination
on the takeoff safety margins of the
existing fleet of turbojet transport
category airplanes that do not have
leading edge high lift devices. Included
in this review were the BAE Systems
(Operations) Limited Model BAe 146
and Model Avro 146–RJ airplanes. We
have already taken airworthiness action
against certain airplane types that have
experienced accidents and incidents
due to a contaminated wing. Although
there have been no accidents or
incidents related to wing contamination
associated with the BAE Systems
(Operations) Limited Model BAe 146
and Model Avro 146–RJ airplanes, the
wings of these airplanes are similarly
sensitive to small amounts of wing
contamination.
Small, almost visually imperceptible,
amounts of ice on the wing’s leading
edge or upper surface can cause severe
aerodynamic penalties and result in a
loss of control of the airplane during
takeoff. Despite operating rules,
procedures, and training programs
stressing the importance of a clean wing
for takeoff, continued accidents and
incidents show that airplanes are still
departing with ice-contaminated wings.
This proposed AD would require
revising the airplane flight manual
(AFM) to include new limitations for
cold weather operation. The actions in
this proposed AD are intended to
prevent possible loss of control on
takeoff resulting from even small
amounts of frost, ice, snow, or slush on
the wing leading edges or forward upper
wing surfaces.
FAA’s Determination and Requirements
of the Proposed AD
These airplanes 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.
We are proposing this AD because we
evaluated all relevant information and
determined the unsafe condition
described previously is likely to exist or
E:\FR\FM\26DEP1.SGM
26DEP1
Federal Register / Vol. 72, No. 246 / Wednesday, December 26, 2007 / Proposed Rules
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Safety.
develop in other products of the same
type design.
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 1 work-hour per product to
comply with this proposed AD. The
average labor rate is $80 per work-hour.
Based on these figures, we estimate the
cost of the proposed AD on U.S.
operators to be $80, or $80 per product.
Authority for This Rulemaking
jlentini on PROD1PC65 with PROPOSALS
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.
17:22 Dec 21, 2007
Jkt 214001
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.
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.
VerDate Aug<31>2005
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
BAE Systems (Operations) Limited
(Formerly British Aerospace Regional
Aircraft): Docket No. FAA–2007–0371;
Directorate Identifier 2007–NM–269–AD.
Comments Due Date
(a) We must receive comments by January
25, 2008.
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; and all Model
Avro 146–RJ70A, 146–RJ85A, and 146–
RJ100A airplanes, certificated in any
category.
Subject
(d) Air Transport Association (ATA) of
America Code 30: Ice and Rain Protection.
Reason
(e) This AD results from service history of
incidents and accidents involving transport
category turbojet airplanes without leading
edge high lift devices, that shows that even
small amounts of frost, ice, snow, or slush on
the wing leading edges or forward upper
wing surfaces can cause an adverse change in
the stall speeds, stall characteristics, and the
protection provided by the stall protection
system. We are issuing this AD to prevent
possible loss of control on take-off resulting
from even small amounts of frost, ice, snow,
or slush on the wing leading edges or forward
upper wing surfaces.
Actions and Compliance
(f) Within 14 days after the effective date
of this AD, revise the Limitations Section of
the Airplane Flight Manual (AFM) to include
the following statement. This may be done by
inserting a copy of this AD in the AFM.
‘‘1. Takeoff is prohibited with frost, ice,
snow, or slush adhering to the wings, control
surfaces, engine inlets, or other critical
surfaces.
2. A visual and tactile (hand on surface)
check of the wing leading edge and the wing
upper surface must be performed to ensure
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
72969
the wing is free from frost, ice, snow, or slush
when the outside air temperature is less than
42 degrees F (6 degrees C), or if it cannot be
ascertained that the wing fuel temperature is
above 32 degrees F (0 degrees C); and
a. There is visible moisture (rain, drizzle,
sleet, snow, fog, etc.) present; or
b. Water is present on the wing; or
c. The difference between the dew point
and the outside air temperature is 5 degrees
F (3 degrees C) or less; or
d. The atmospheric conditions have been
conducive to frost formation.’’
Note 1: When a statement identical to that
in paragraph (f) of this AD has been included
in the general revisions of the AFM, the
general revisions may be inserted into the
AFM, and the copy of this AD may be
removed from the AFM.
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, Transport Airplane Directorate,
ANM–116, 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
appropriate principal inspector (PI) in the
FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO.
(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,
the Office of Management and Budget (OMB)
has approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
Related Information
(h) None.
Issued in Renton, Washington, on
December 14, 2007.
Michael J. Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E7–24922 Filed 12–21–07; 8:45 am]
BILLING CODE 4910–13–P
E:\FR\FM\26DEP1.SGM
26DEP1
Agencies
[Federal Register Volume 72, Number 246 (Wednesday, December 26, 2007)]
[Proposed Rules]
[Pages 72968-72969]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24922]
========================================================================
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.
========================================================================
Federal Register / Vol. 72, No. 246 / Wednesday, December 26, 2007 /
Proposed Rules
[[Page 72968]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-0371; Directorate Identifier 2007-NM-269-AD]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited Model
BAe 146 and Model Avro 146-RJ Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from service history of
incidents and accidents involving transport category turbojet airplanes
without leading edge high lift devices, that shows that even small
amounts of frost, ice, snow, or slush on the wing leading edges or
forward upper wing surfaces can cause an adverse change in the stall
speeds, stall characteristics, and the protection provided by the stall
protection system. This proposed AD requires revising the airplane
flight manual to include a new cold weather operations limitation. We
are proposing this AD to prevent possible loss of control on takeoff
resulting from even small amounts of frost, ice, snow, or slush on the
wing leading edges or forward upper wing surfaces. The proposed AD
would require actions that are intended to address the unsafe
condition.
DATES: We must receive comments on this proposed AD by January 25,
2008.
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 W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
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-2007-0371;
Directorate Identifier 2007-NM-269-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
In February 2005, the FAA began a review of certain airplanes of
concern--turbojet airplanes without leading edge high lift devices--to
determine their sensitivity to takeoff in ice/frost conditions. We have
taken a broad and proactive approach to this issue. This approach
involved a review of the effect of small amounts of wing contamination
on the takeoff safety margins of the existing fleet of turbojet
transport category airplanes that do not have leading edge high lift
devices. Included in this review were the BAE Systems (Operations)
Limited Model BAe 146 and Model Avro 146-RJ airplanes. We have already
taken airworthiness action against certain airplane types that have
experienced accidents and incidents due to a contaminated wing.
Although there have been no accidents or incidents related to wing
contamination associated with the BAE Systems (Operations) Limited
Model BAe 146 and Model Avro 146-RJ airplanes, the wings of these
airplanes are similarly sensitive to small amounts of wing
contamination.
Small, almost visually imperceptible, amounts of ice on the wing's
leading edge or upper surface can cause severe aerodynamic penalties
and result in a loss of control of the airplane during takeoff. Despite
operating rules, procedures, and training programs stressing the
importance of a clean wing for takeoff, continued accidents and
incidents show that airplanes are still departing with ice-contaminated
wings.
This proposed AD would require revising the airplane flight manual
(AFM) to include new limitations for cold weather operation. The
actions in this proposed AD are intended to prevent possible loss of
control on takeoff resulting from even small amounts of frost, ice,
snow, or slush on the wing leading edges or forward upper wing
surfaces.
FAA's Determination and Requirements of the Proposed AD
These airplanes 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.
We are proposing this AD because we evaluated all relevant
information and determined the unsafe condition described previously is
likely to exist or
[[Page 72969]]
develop in other products of the same type design.
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 1 work-hour per product to comply with this proposed
AD. The average labor rate is $80 per work-hour. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $80, or $80 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, 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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new AD:
BAE Systems (Operations) Limited (Formerly British Aerospace
Regional Aircraft): Docket No. FAA-2007-0371; Directorate Identifier
2007-NM-269-AD.
Comments Due Date
(a) We must receive comments by January 25, 2008.
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; and all Model Avro 146-RJ70A, 146-RJ85A, and 146-
RJ100A airplanes, certificated in any category.
Subject
(d) Air Transport Association (ATA) of America Code 30: Ice and
Rain Protection.
Reason
(e) This AD results from service history of incidents and
accidents involving transport category turbojet airplanes without
leading edge high lift devices, that shows that even small amounts
of frost, ice, snow, or slush on the wing leading edges or forward
upper wing surfaces can cause an adverse change in the stall speeds,
stall characteristics, and the protection provided by the stall
protection system. We are issuing this AD to prevent possible loss
of control on take-off resulting from even small amounts of frost,
ice, snow, or slush on the wing leading edges or forward upper wing
surfaces.
Actions and Compliance
(f) Within 14 days after the effective date of this AD, revise
the Limitations Section of the Airplane Flight Manual (AFM) to
include the following statement. This may be done by inserting a
copy of this AD in the AFM.
``1. Takeoff is prohibited with frost, ice, snow, or slush
adhering to the wings, control surfaces, engine inlets, or other
critical surfaces.
2. A visual and tactile (hand on surface) check of the wing
leading edge and the wing upper surface must be performed to ensure
the wing is free from frost, ice, snow, or slush when the outside
air temperature is less than 42 degrees F (6 degrees C), or if it
cannot be ascertained that the wing fuel temperature is above 32
degrees F (0 degrees C); and
a. There is visible moisture (rain, drizzle, sleet, snow, fog,
etc.) present; or
b. Water is present on the wing; or
c. The difference between the dew point and the outside air
temperature is 5 degrees F (3 degrees C) or less; or
d. The atmospheric conditions have been conducive to frost
formation.''
Note 1: When a statement identical to that in paragraph (f) of
this AD has been included in the general revisions of the AFM, the
general revisions may be inserted into the AFM, and the copy of this
AD may be removed from the AFM.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, Transport Airplane Directorate, ANM-116, 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 appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
(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, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.
Related Information
(h) None.
Issued in Renton, Washington, on December 14, 2007.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-24922 Filed 12-21-07; 8:45 am]
BILLING CODE 4910-13-P