Airworthiness Directives; BAE SYSTEMS (OPERATIONS) LIMITED Airplanes, 65801-65803 [2012-26185]
Download as PDF
Federal Register / Vol. 77, No. 211 / Wednesday, October 31, 2012 / Rules and Regulations
Flight Standards District Office, as
appropriate. If sending information directly
to the International Branch, send it to ATTN:
Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM–116, Transport
Airplane Directorate, FAA, 1601 Lind
Avenue SW., Renton, Washington 98057–
3356; telephone (425) 227–1138; fax (425)
227–1149. Information may be emailed to: 9ANM-116-AMOC-REQUESTS@faa.gov.
Before using any approved AMOC, notify
your appropriate principal inspector, or
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.
mstockstill on DSK4VPTVN1PROD with RULES
(k) Related Information
Refer to MCAI European Aviation Safety
Agency Airworthiness Directive 2011–0204,
dated October 14, 2011, and the service
information specified in paragraphs (k)(1),
(k)(2), (k)(3), (k)(4), and (k)(5) of this AD, for
related information.
(1) Airbus Mandatory Service Bulletin
A330–29–3114, dated May 18, 2011.
(2) Airbus Mandatory Service Bulletin
A340–29–4089, dated May 18, 2011.
(3) Airbus Mandatory Service Bulletin
A340–29–5018, dated May 18, 2011.
(4) Hamilton Sundstrand Service Bulletin
ERPS06M–29–18, dated March 8, 2011.
(5) Hamilton Sundstrand Service Bulletin
ERPS33T–29–5, dated March 8, 2011.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Airbus Mandatory Service Bulletin
A330–29–3114, dated May 18, 2011.
(ii) Airbus Mandatory Service Bulletin
A340–29–4089, dated May 18, 2011.
(iii) Airbus Mandatory Service Bulletin
A340–29–5018, dated May 18, 2011.
(iv) Hamilton Sundstrand Service Bulletin
ERPS06M–29–18, dated March 8, 2011.
(v) Hamilton Sundstrand Service Bulletin
ERPS33T–29–5, dated March 8, 2011.
(3) For Airbus service information
identified in this AD, contact Airbus SAS—
Airworthiness Office—EAL, 1 Rond Point
Maurice Bellonte, 31707 Blagnac Cedex,
France; telephone +33 5 61 93 36 96; fax +33
5 61 93 45 80; email airworthiness.A330A340@airbus.com; Internet https://
www.airbus.com. For Hamilton Sunstrand
service information identified in this AD,
contact Hamilton Sundstrand, Technical
Publications, Mail Stop 302–9, 4747 Harrison
Avenue, P.O. Box 7002, Rockford, Illinois
VerDate Mar<15>2010
16:49 Oct 30, 2012
Jkt 229001
61125–7002; telephone 860–654–3575; fax
860–998–4564; email
tech.solutions@hs.utc.com; Internet https://
www.hamiltonsundstrand.com.
(4) You may review copies of the 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.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on October
12, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2012–26171 Filed 10–30–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2012–0642; Directorate
Identifier 2011–NM–262–AD; Amendment
39–17232; AD 2012–21–16]
RIN 2120–AA64
Airworthiness Directives; BAE
SYSTEMS (OPERATIONS) LIMITED
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for certain
BAE SYSTEMS (OPERATIONS)
LIMITED Model BAe 146 series
airplanes and Model Avro 146–RJ series
airplanes. This AD was prompted by
hydraulic pipe ruptures in the center of
the cabin resulting in passengers being
contaminated with hydraulic fluid. This
AD requires installing a hydraulic fluid
containment system. We are issuing this
AD to prevent harmful or hazardous
concentrations of hydraulic fluid or
hydraulic vapor from entering the
passenger compartment, possibly
resulting in injury to the passengers.
DATES: This AD becomes effective
December 5, 2012.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of December 5, 2012.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at the
SUMMARY:
PO 00000
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Fmt 4700
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65801
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC.
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:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on June 21, 2012 (77 FR 37340).
That NPRM proposed to correct an
unsafe condition for the specified
products. The Mandatory Continuing
Airworthiness Information (MCAI)
states:
Cases of hydraulic pipe ruptures in the
centre of the cabin of BAe 146 aeroplanes
have been reported, which have resulted in
the passengers being contaminated with
hydraulic fluid. The results of the
investigations have shown that the pipe
failures were caused by a combination of
seam welded pipes, bends in the pipe runs
with small bend radii and fatigue damage
due to pressure variations.
This condition, if not corrected, could lead
to harmful or hazardous concentrations of
hydraulic fluid or hydraulic vapour entering
the passenger compartment, possibly
resulting in injury to the occupants.
For the reasons described above, this
[European Aviation Safety Agency] AD
requires the installation of a flexible
envelope around the hydraulic pipe group
where the failures have occurred to capture
and contain any fluid escaping from a burst
pipe and channel it below floor level into the
forward cargo bay.
You may obtain further information
by examining the MCAI in the AD
docket.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comment received.
Request for Exclusion of Airtankers
Neptune Aviation Services requested
a change in the text of paragraph (c)
‘‘Applicability,’’ of the NPRM (77 FR
37340, June 21, 2012) to include an
‘‘exemption’’ for an airplane operated as
an ‘‘airtanker,’’ which does not carry
passengers.
We partially agree with the request to
change the text in paragraph (c) of this
AD. We disagree with using the term
‘‘airtanker’’; however, we have revised
E:\FR\FM\31OCR1.SGM
31OCR1
65802
Federal Register / Vol. 77, No. 211 / Wednesday, October 31, 2012 / Rules and Regulations
paragraph (c) to include an exception
for airplanes in a non-passenger
configuration.
Conclusion
We reviewed the available data,
including the comment received, and
determined that air safety and the
public interest require adopting the AD
with the changes described previously,
except for minor editorial changes. We
have determined that these changes:
• Are consistent with the intent that
was proposed in the NPRM (77 FR
37340, June 21, 2012) for correcting the
unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM (77 FR 37340,
June 21, 2012).
mstockstill on DSK4VPTVN1PROD with RULES
Costs of Compliance
We estimate that this AD will affect 1
product of U.S. registry. We also
estimate that it will take about 8 workhours per product to comply with the
basic requirements of this AD. The
average labor rate is $85 per work-hour.
Required parts will cost about $5,079
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 parts. 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
this AD to the U.S. operators to be
$5,759.
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 AD will not
have federalism implications under
VerDate Mar<15>2010
16:49 Oct 30, 2012
Jkt 229001
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 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 AD and placed it in the AD docket.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
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 the NPRM (77 FR 37340, June
21, 2012), 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.
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:
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:
■
2012–21–16 BAE Systems (Operations)
Limited: Amendment 39–17232. Docket
No. FAA–2012–0642; Directorate
Identifier 2011–NM–262–AD.
(a) Effective Date
This airworthiness directive (AD) becomes
effective December 5, 2012.
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Frm 00030
Fmt 4700
Sfmt 4700
(b) Affected ADs
None.
(c) Applicability
This AD applies to 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; except for airplanes operating in a
cargo or non-passenger configuration. The
requirements of this AD become applicable at
the time an airplane operating in a cargo or
non-passenger configuration is converted to a
passenger configuration.
(d) Subject
Air Transport Association (ATA) of
America Code 29, Hydraulic power.
(e) Reason
This AD was prompted by hydraulic pipe
ruptures in the center of the cabin resulting
in passengers being contaminated with
hydraulic fluid. We are issuing this AD to
prevent harmful or hazardous concentrations
of hydraulic fluid or hydraulic vapor from
entering the passenger compartment,
possibly resulting in injury to the passengers.
(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) Actions
Within 4,000 flight hours or 24 months
after the effective date of this AD, whichever
occurs first, install the hydraulic fluid
containment system, in accordance with the
Accomplishment Instructions of BAE
SYSTEMS (OPERATIONS) LIMITED
Modification Service Bulletin SB.29–048–
30676A, Revision 2, dated December 23,
2010.
(h) Credit for Previous Actions
This paragraph provides credit for the
actions required by paragraph (g) of this AD,
if those actions were performed before the
effective date of this AD using the service
bulletin specified in paragraph (h)(1) or (h)(2)
of this AD.
(1) BAE SYSTEMS (OPERATIONS)
LIMITED Modification Service Bulletin
SB.29–048–30676A, dated October 18, 2010
(which is not incorporated by reference in
this AD).
(2) BAE SYSTEMS (OPERATIONS)
LIMITED Modification Service Bulletin
SB.29–048–30676A, Revision 1, dated
November 5, 2010 (which is not incorporated
by reference in this AD).
(i) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, 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
E:\FR\FM\31OCR1.SGM
31OCR1
Federal Register / Vol. 77, No. 211 / Wednesday, October 31, 2012 / Rules and Regulations
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: 9ANM-116-AMOC-REQUESTS@faa.gov.
Before using any approved AMOC, notify
your appropriate principal inspector, or
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.
mstockstill on DSK4VPTVN1PROD with RULES
(j) Related Information
(1) Refer to MCAI European Aviation
Safety Agency Airworthiness Directive 2011–
0220, dated November 11, 2011; and BAE
SYSTEMS (OPERATIONS) LIMITED
Modification Service Bulletin SB.29–048–
30676A, Revision 2, dated December 23,
2010; 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
https://www.baesystems.com/Businesses/
RegionalAircraft/index.htm.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) BAE SYSTEMS (OPERATIONS)
LIMITED Modification Service Bulletin
SB.29–048–30676A, Revision 2, dated
December 23, 2010.
(ii) Reserved.
(3) 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
https://www.baesystems.com/Businesses/
RegionalAircraft/index.htm.
(4) You may review copies of the 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.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
VerDate Mar<15>2010
16:49 Oct 30, 2012
Jkt 229001
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on October
14, 2012.
John P. Piccola,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2012–26185 Filed 10–30–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2012–0728; Directorate
Identifier 2012–NM–050–AD; Amendment
39–17234; AD 2012–21–18]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for certain
The Boeing Company Model MD–90–30
airplanes. This AD was prompted by
reports of fatigue cracks found in
Stringer 11 at the outboard flap, inboard
drive hinge at Station Xrs=164.000. This
AD requires repetitive inspections for
cracks in Stringer 11, and a splice repair
if necessary; and repetitive post-repair
inspections, and repair if necessary. We
are issuing this AD to detect and correct
such cracking, which could result in the
wing structure not supporting the limit
load condition, which could lead to loss
of the structural integrity of the wing.
DATES: This AD is effective December 5,
2012.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of December 5, 2012.
ADDRESSES: For service information
identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data
& Services Management, 3855
Lakewood Boulevard, MC D800–0019,
Long Beach, CA 90846–0001; telephone
206–544–5000, extension 2; fax 206–
766–5683; Internet https://www.
myboeingfleet.com. 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.
SUMMARY:
PO 00000
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65803
Examining the AD Docket
You may examine the AD docket on
the Internet at https://www.regulations.
gov; or in person at the Docket
Management Facility between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this AD, the regulatory
evaluation, any comments received, and
other information. The address for the
Docket Office (phone: 800–647–5527) is
Document Management Facility, U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC 20590.
FOR FURTHER INFORMATION CONTACT:
Roger Durbin, Airframe Branch, ANM–
120L, FAA, Los Angeles Aircraft
Certification Office (ACO), 3960
Paramount Boulevard, Lakewood,
California 90712–4137; phone: (562)
627–5233; fax: (562) 627–5210; email:
roger.durbin@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM published in the Federal
Register on August 1, 2012 (77 FR
45515). That NPRM proposed to require
repetitive inspections for cracks in
Stringer 11, and a splice repair if
necessary; and repetitive post-repair
inspections, and repair if necessary.
Comments
We gave the public the opportunity to
participate in developing this AD. We
have considered the comment received.
Boeing supports the NPRM (77 FR
45515, August 1, 2012).
Conclusion
We reviewed the relevant data,
considered the comment received, and
determined that air safety and the
public interest require adopting the AD
as proposed—except for minor editorial
changes. We have determined that these
minor changes:
• Are consistent with the intent that
was proposed in the NPRM (77 FR
45515, August 1, 2012) for correcting
the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM (77 FR 45515,
August 1, 2012).
Costs of Compliance
We estimate that this AD affects 52
airplanes of U.S. registry.
We estimate the following costs to
comply with this AD:
E:\FR\FM\31OCR1.SGM
31OCR1
Agencies
[Federal Register Volume 77, Number 211 (Wednesday, October 31, 2012)]
[Rules and Regulations]
[Pages 65801-65803]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26185]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0642; Directorate Identifier 2011-NM-262-AD;
Amendment 39-17232; AD 2012-21-16]
RIN 2120-AA64
Airworthiness Directives; BAE SYSTEMS (OPERATIONS) LIMITED
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for certain
BAE SYSTEMS (OPERATIONS) LIMITED Model BAe 146 series airplanes and
Model Avro 146-RJ series airplanes. This AD was prompted by hydraulic
pipe ruptures in the center of the cabin resulting in passengers being
contaminated with hydraulic fluid. This AD requires installing a
hydraulic fluid containment system. We are issuing this AD to prevent
harmful or hazardous concentrations of hydraulic fluid or hydraulic
vapor from entering the passenger compartment, possibly resulting in
injury to the passengers.
DATES: This AD becomes effective December 5, 2012.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 5,
2012.
ADDRESSES: You may examine the AD docket on the Internet at https://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.
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:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on June 21, 2012 (77 FR
37340). That NPRM proposed to correct an unsafe condition for the
specified products. The Mandatory Continuing Airworthiness Information
(MCAI) states:
Cases of hydraulic pipe ruptures in the centre of the cabin of
BAe 146 aeroplanes have been reported, which have resulted in the
passengers being contaminated with hydraulic fluid. The results of
the investigations have shown that the pipe failures were caused by
a combination of seam welded pipes, bends in the pipe runs with
small bend radii and fatigue damage due to pressure variations.
This condition, if not corrected, could lead to harmful or
hazardous concentrations of hydraulic fluid or hydraulic vapour
entering the passenger compartment, possibly resulting in injury to
the occupants.
For the reasons described above, this [European Aviation Safety
Agency] AD requires the installation of a flexible envelope around
the hydraulic pipe group where the failures have occurred to capture
and contain any fluid escaping from a burst pipe and channel it
below floor level into the forward cargo bay.
You may obtain further information by examining the MCAI in the AD
docket.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comment received.
Request for Exclusion of Airtankers
Neptune Aviation Services requested a change in the text of
paragraph (c) ``Applicability,'' of the NPRM (77 FR 37340, June 21,
2012) to include an ``exemption'' for an airplane operated as an
``airtanker,'' which does not carry passengers.
We partially agree with the request to change the text in paragraph
(c) of this AD. We disagree with using the term ``airtanker''; however,
we have revised
[[Page 65802]]
paragraph (c) to include an exception for airplanes in a non-passenger
configuration.
Conclusion
We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD with the changes described previously, except for minor editorial
changes. We have determined that these changes:
Are consistent with the intent that was proposed in the
NPRM (77 FR 37340, June 21, 2012) for correcting the unsafe condition;
and
Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 37340, June 21, 2012).
Costs of Compliance
We estimate that this AD will affect 1 product of U.S. registry. We
also estimate that it will take about 8 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $5,079 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 parts. 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 this AD to the
U.S. operators to be $5,759.
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 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 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 AD and placed it in the AD docket.
Examining the AD Docket
You may examine the AD docket on the Internet at https://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 the NPRM (77 FR 37340, June 21, 2012),
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.
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:
PART 39--AIRWORTHINESS DIRECTIVES
0
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]
0
2. The FAA amends Sec. 39.13 by adding the following new AD:
2012-21-16 BAE Systems (Operations) Limited: Amendment 39-17232.
Docket No. FAA-2012-0642; Directorate Identifier 2011-NM-262-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective December 5,
2012.
(b) Affected ADs
None.
(c) Applicability
This AD applies to 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;
except for airplanes operating in a cargo or non-passenger
configuration. The requirements of this AD become applicable at the
time an airplane operating in a cargo or non-passenger configuration
is converted to a passenger configuration.
(d) Subject
Air Transport Association (ATA) of America Code 29, Hydraulic
power.
(e) Reason
This AD was prompted by hydraulic pipe ruptures in the center of
the cabin resulting in passengers being contaminated with hydraulic
fluid. We are issuing this AD to prevent harmful or hazardous
concentrations of hydraulic fluid or hydraulic vapor from entering
the passenger compartment, possibly resulting in injury to the
passengers.
(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) Actions
Within 4,000 flight hours or 24 months after the effective date
of this AD, whichever occurs first, install the hydraulic fluid
containment system, in accordance with the Accomplishment
Instructions of BAE SYSTEMS (OPERATIONS) LIMITED Modification
Service Bulletin SB.29-048-30676A, Revision 2, dated December 23,
2010.
(h) Credit for Previous Actions
This paragraph provides credit for the actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using the service bulletin specified in
paragraph (h)(1) or (h)(2) of this AD.
(1) BAE SYSTEMS (OPERATIONS) LIMITED Modification Service
Bulletin SB.29-048-30676A, dated October 18, 2010 (which is not
incorporated by reference in this AD).
(2) BAE SYSTEMS (OPERATIONS) LIMITED Modification Service
Bulletin SB.29-048-30676A, Revision 1, dated November 5, 2010 (which
is not incorporated by reference in this AD).
(i) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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
[[Page 65803]]
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
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.
(j) Related Information
(1) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2011-0220, dated November 11, 2011; and BAE SYSTEMS
(OPERATIONS) LIMITED Modification Service Bulletin SB.29-048-30676A,
Revision 2, dated December 23, 2010; 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 https://www.baesystems.com/Businesses/RegionalAircraft/index.htm.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) BAE SYSTEMS (OPERATIONS) LIMITED Modification Service
Bulletin SB.29-048-30676A, Revision 2, dated December 23, 2010.
(ii) Reserved.
(3) 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 https://www.baesystems.com/Businesses/RegionalAircraft/index.htm.
(4) You may review copies of the 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.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on October 14, 2012.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-26185 Filed 10-30-12; 8:45 am]
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