Airworthiness Directives; BAE Systems (Operations) Limited Airplanes, 68644-68647 [2022-24840]

Download as PDF 68644 Federal Register / Vol. 87, No. 220 / Wednesday, November 16, 2022 / Proposed Rules PART 842—FEDERAL EMPLOYEES RETIREMENT SYSTEM—BASIC ANNUITY 4. Revise the authority citation for part 842 to read as follows: ■ Authority: 5 U.S.C. 8461(g); Secs. 842.104 and 842.106 also issued under 5 U.S.C. 8461(n); Sec. 842.104 also issued under Secs. 3 and 7(c) of Pub. L. 105–274, 112 Stat. 2419; Sec. 842.105 also issued under 5 U.S.C. 8402(c)(1) and 7701(b)(2); Sec. 842.106 also issued under Sec. 102(e) of Pub. L. 104–8, 109 Stat. 102, as amended by Sec. 153 of Pub. L. 104–134, 110 Stat. 1321–102; Sec. 842.107 also issued under Secs. 11202(f), 11232(e), and 11246(b) of Pub. L. 105–33, 111 Stat. 251, and Sec. 7(b) of Pub. L. 105–274, 112 Stat. 2419; Sec. 842.108 also issued under Sec. 7(e) of Pub. L. 105–274, 112 Stat. 2419; Sec. 842.109 also issued under Sec. 1622(b) of Pub. L. 104–106, 110 Stat. 515; Sec. 842.110 also issued under Sec. 111 of Pub. L. 99–500, 100 Stat. 1783, and Sec. 111 of Pub. L. 99–591, 100 Stat. 3341–348, and also Sec. 1 of Pub. L. 110–279, 122 Stat. 2602, as amended by Sec. 1(a) of Pub. L. 116–21, 133 Stat. 903; Sec. 842.208 also issued under Sec. 535(d) of Title V of Division E of Pub. L. 110– 161, 121 Stat. 2042; Sec. 842.213 also issued under 5 U.S.C. 8414(b)(1)(B) and Sec. 1313(b)(5) of Pub. L. 107–296, 116 Stat. 2135; Secs. 842.304 and 842.305 also issued under Sec. 321(f) of Pub. L. 107–228, 116 Stat. 1383; Secs. 842.604 and 842.611 also issued under 5 U.S.C. 8417; Sec. 842.607 also issued under 5 U.S.C. 8416 and 8417; Sec. 842.614 also issued under 5 U.S.C. 8419; Sec. 842.615 also issued under 5 U.S.C. 8418; Sec. 842.703 also issued under Sec. 7001(a)(4) of Pub. L. 101– 508, 104 Stat. 1388; Sec. 842.707 also issued under Sec. 6001 of Pub. L. 100–203, 101 Stat. 1300; Sec. 842.708 also issued under Sec. 4005 of Pub. L. 101–239, 103 Stat. 2106, and Sec. 7001 of Pub. L. 101–508, 104 Stat. 1388; Subpart H also issued under 5 U.S.C. 1104; Sec. 842.810 also issued under Sec. 636 of Appendix C to Pub. L. 106–554 at 114 Stat. 2763A–164; Sec. 842.811 also issued under Sec. 226(c)(2) of Pub. Law 108–176, 117 Stat. 2529; Subpart J also issued under Sec. 535(d) of Title V of Division E of Pub. L. 110–161, 121 Stat. 2042; Pub. L. 115–352, 132 Stat. 5067 (5 U.S.C. 101); Sec. 5001 of Pub. L. 112– 96 at 126 Stat. 199; 5 U.S.C. 8401; 5 U.S.C. 8415. Subpart D—Computations ■ 5. Revise § 842.406 to read as follows: khammond on DSKJM1Z7X2PROD with PROPOSALS § 842.406 Members of Congress and Congressional Employees. (a) The annuity of a congressional employee or Member who is first covered by FERS on or before December 31, 2012, and who has had at least 5 years of service as a congressional employee, Member, or any combination thereof totaling 5 years is — (1) One and seven-tenths percent of average pay multiplied by the total number of years of service as a Member and/or congressional employee not exceeding 20 years; plus VerDate Sep<11>2014 15:56 Nov 15, 2022 Jkt 259001 (2) One percent of average pay multiplied by the years of service other than that of a Member and/or congressional employee. (b) Except as provided in paragraph (c) of this section, the annuity of a congressional employee or Member who is first covered by FERS after December 31, 2012, or Member re-elected with less than 5 years of FERS service after December 31, 2012, and who has had at least 5 years of service as a congressional employee, Member, or any combination thereof totaling 5 years is 1 percent of average pay multiplied by total service. (c) The annuity of a congressional employee or Member is 1.1 percent of average pay multiplied by total service, provided the congressional employee or Member– (i) Has completed 20 years of service; and (ii) Is at least age 62 at the time of separation on which entitlement to an annuity is based. [FR Doc. 2022–24875 Filed 11–15–22; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2022–1152; Project Identifier MCAI–2022–00260–T] RIN 2120–AA64 Airworthiness Directives; BAE Systems (Operations) Limited Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to adopt a new airworthiness directive (AD) for certain BAE Systems (Operations) Limited Model Avro 146–RJ series airplanes. This proposed AD was prompted by a report that certain inertial reference units (IRUs) have outof-date magnetic variation (MagVar) tables. This proposed AD would require assessing the values between the MagVar tables of the affected IRUs and the most recently published MagVar data tables, and corrective actions if necessary. The FAA is proposing this AD to address the unsafe condition on these products. DATES: The FAA must receive comments on this proposed AD by January 3, 2023. ADDRESSES: You may send comments, using the procedures found in 14 CFR SUMMARY: PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to 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: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this NPRM, 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 baesystems.com/Businesses/ RegionalAircraft/index.htm. You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. Examining the AD Docket You may examine the AD docket at regulations.gov by searching for and locating Docket No. FAA–2022–1152; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The street address for Docket Operations is listed above. FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone: 206–231–3228; email Todd.Thompson@faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA–2022–1152; Project Identifier MCAI–2022–00260–T’’ at the beginning of your comments. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. The FAA will consider E:\FR\FM\16NOP1.SGM 16NOP1 Federal Register / Vol. 87, No. 220 / Wednesday, November 16, 2022 / Proposed Rules all comments received by the closing date and may amend the proposal because of those comments. Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to regulations.gov, including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this NPRM. Confidential Business Information CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ‘‘PROPIN.’’ The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this NPRM. Submissions containing CBI should be sent to Todd Thompson, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone: 206– 231–3228; email Todd.Thompson@ faa.gov. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background khammond on DSKJM1Z7X2PROD with PROPOSALS The Civil Aviation Authority (CAA), which is the aviation authority for the United Kingdom, has issued CAA AD G–2022–0005, dated February 24, 2022 (CAA AD G 2022–0005) (also referred to after this as the MCAI), to correct an unsafe condition for Model AVRO 146– RJ airplanes equipped with Honeywell Inertial Reference Unit part number (P/ N) HG2001BC02 or P/N HG2001BC04. You may examine the MCAI in the AD docket at regulations.gov by searching for and locating Docket No. FAA–2022– 1152. This proposed AD was prompted by a report that Honeywell IRUs, P/N HG2001BC02 and P/N HG2001BC04, have out-of-date MagVar tables. The navigation system for Model Avro 146– RJ series airplanes has an inertial reference system (IRS) that uses true north to calculate magnetic heading and track. The IRS includes IRUs with MagVar data tables that correct the heading/track for the effects of magnetic variation. Due to the change in the location of magnetic north over time, the level of IRS accuracy diminishes in certain geographical locations if an IRU’s MagVar data table is not kept up to date with current WMM MagVar data tables. Consequently, certain airplanes may have IRUs with MagVar tables that are out of date, which can lead to inaccurate heading, course, and bearing calculations. The FAA is proposing this AD to address IRUs having outdated MagVar data tables, which could lead to inaccurate IRS calculations, possibly resulting in increased risk of controlled flight into terrain, or collision with another airplane and injury to occupants. See the MCAI for additional background information. Related Service Information Under 1 CFR Part 51 BAE Systems has issued All Operator Message 21–011V–1, Issue 1, dated September 27, 2021. This service information describes, among other actions, procedures for assessing the accuracy of an affected IRU’s MagVar data table when compared to the existing WMM MagVar data tables, and corrective actions if the MagVar is greater than 2 degrees. The corrective actions include either updating an affected IRU’s MagVar data tables, or operating an airplane only if the terrain awareness warning system (TAWS) and traffic collision avoidance system (TCAS) are installed and operative and revising the operator’s FAA-approved minimum equipment list (MEL) to prohibit dispatch unless both TAWS and TCAS are installed and operative. 68645 BAE Systems All Operator Message 21– 011V–1, Issue 1, dated September 27, 2021, also specifies that updating the data tables would terminate the MEL prohibition provided the airplane has operative TAWS and TCAS. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. FAA’s Determination This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to the FAA’s bilateral agreement with the State of Design Authority, the FAA has been notified of the unsafe condition described in the MCAI and service information referenced above. The FAA is proposing this AD because the FAA evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop on other products of the same type design. Proposed AD Requirements in This NPRM This proposed AD would require accomplishing the actions specified in the service information already described, except as discussed under ‘‘Differences Between this Proposed AD and the MCAI.’’ Differences Between This Proposed AD and the MCAI CAA AD G–2022–0005 requires operators to provide ‘‘information for flight crew’’ regarding procedures for operating in areas with known or suspected significant magnetic variation and a means for flight crews to report other suspected affected locations.’’ However, this proposed AD would not specifically require those actions as they are already required by FAA 14 CFR part 91 regulations. Costs of Compliance The FAA estimates that this AD, if adopted as proposed, would affect 10 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD: ESTIMATED COSTS FOR REQUIRED ACTIONS Labor cost 1 work-hour × $85 per hour = $85 .............................................................................................. VerDate Sep<11>2014 15:56 Nov 15, 2022 Jkt 259001 PO 00000 Cost per product Parts cost Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\16NOP1.SGM $0 16NOP1 $85 Cost on U.S. operators $850 68646 Federal Register / Vol. 87, No. 220 / Wednesday, November 16, 2022 / Proposed Rules The FAA has received no definitive data on which to base the cost estimates for the on-condition actions specified in this proposed AD. 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. The FAA is 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 The FAA 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) Would not affect intrastate aviation in Alaska, and (3) Would not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. khammond on DSKJM1Z7X2PROD with PROPOSALS 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: ■ VerDate Sep<11>2014 15:56 Nov 15, 2022 Jkt 259001 Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: ■ BAE Systems (Operations) Limited: Docket No. FAA–2022–1152; Project Identifier MCAI–2022–00260–T. (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by January 3, 2023. (b) Affected ADs None. (c) Applicability This AD applies to BAE Systems (Operations) Limited Model Avro 146– RJ70A, 146–RJ85A, and 146–RJ100A airplanes, certificated in any category, equipped with Honeywell inertial reference unit (IRU) part number (P/N) HG2001BC02 or P/N HG2001BC04. (d) Subject Air Transport Association (ATA) of America Code 34, Navigation. (e) Unsafe Condition This AD was prompted by a report that certain IRUs have out-of-date magnetic variation (MagVar) tables. The FAA is issuing this AD to address IRUs having outdated MagVar lookup tables, which could lead to inaccurate inertial reference system calculations, possibly resulting in increased risk of controlled flight into terrain, or collision with another airplane and injury to occupants. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Definitions For the purpose of this AD, the following definitions apply: (1) Affected IRU: A Honeywell IRU having P/N HG2001BC02 using a MagVar lookup table from 1990, or P/N HG2001BC04 using a MagVar lookup table from 1995. (2) WMM: World Magnetic Model, which is the standard model for navigation, altitude, and heading referencing systems using the geomagnetic field. The WMM is produced at 5-year intervals. The existing WMM as of November 16, 2022 was released December 10, 2019. (h) Magnetic Variation Assessment Within 3 months after the effective date of this AD, and thereafter at intervals not to exceed 5 years, assess the accuracy of an affected IRU’s MagVar data table, in accordance with the Recommendations of BAE Systems All Operator Message 21– 011V–1, Issue 1, dated September 27, 2021. (1) If the difference between an affected IRU’s MagVar data table and the existing WMM MagVar data tables is less than or equal to 2 degrees for the routes that the airplane may operate, no further action is PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 required until the assessment is repeated, as required by the introductory text to paragraph (h) of this AD. (2) If the difference between an affected IRU’s MagVar data table and the existing WMM MagVar data tables is greater than 2 degrees for the routes that the airplane may operate: Do the actions required by paragraph (h)(2)(i) or (ii) of this AD. (i) Within three months after the effective date of this AD or before further flight after the assessment in the introductory text to paragraph (h) of this AD, whichever occurs later: Update the airplane’s affected IRU MagVar data tables in accordance with the Recommendations of BAE Systems All Operator Message 21–011V–1, Issue 1, dated September 27, 2021. (ii) Comply with the provisions specified in, and at the times specified in, paragraphs (h)(2)(ii)(A) and (B) of this AD. (A) Further flight is prohibited in areas where the difference between the installed and the existing WMM MagVar values exceeds the 2 degree tolerance unless both terrain awareness warning system (TAWS) and traffic collision avoidance system (TCAS) are installed and operative. (B) Before further flight, revise the operator’s existing FAA-approved minimum equipment list (MEL) to prohibit dispatch unless both TAWS and TCAS are installed and operative. (3) If an affected IRU’s MagVar data table cannot be determined, follow the procedures specified in the Recommendations of BAE Systems All Operator Message 21–011V–1, Issue 1, dated September 27, 2021. (4) This AD does not require operators to provide flightcrews with certain operating procedures as those actions are already required by existing FAA operating regulations. (i) Terminating Action for MEL Prohibition Updating both affected IRUs, as specified in paragraph (h)(2)(i) of this AD, terminates the MEL prohibition specified in paragraph (h)(2)(ii)(B) of this AD, provided both TAWS and TCAS are installed and operative. (j) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, Large Aircraft Section, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the Large Aircraft Section, International Validation Branch, send it to the attention of the person identified in paragraph (k)(2) of this AD. Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (2) Contacting the Manufacturer: As of the effective date of this AD, for any requirement in this AD to obtain instructions from a E:\FR\FM\16NOP1.SGM 16NOP1 Federal Register / Vol. 87, No. 220 / Wednesday, November 16, 2022 / Proposed Rules manufacturer, the instructions must be accomplished using a method approved by the Manager, Large Aircraft Section, International Validation Branch, FAA; or the UK CAA; or BAE Systems (Operations) Limited’s UK CAA DOA. If approved by the DOA, the approval must include the DOAauthorized signature. (k) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) CAA AD G–2022–0005, dated February 24, 2022, for related information. This MCAI may be found in the AD docket on the internet at regulations.gov by searching for and locating Docket No. FAA–2022–1152. (2) For more information about this AD, contact Todd Thompson, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 206–231–3228; email Todd.Thompson@faa.gov. (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 baesystems.com/ Businesses/RegionalAircraft/index.htm. You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. Issued on November 9, 2022. Christina Underwood, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2022–24840 Filed 11–15–22; 8:45 am] BILLING CODE 4910–13–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 700 [EPA–HQ–OPPT–2020–0493; FRL–7911–04– OCSPP] RIN 2070–AK64 Fees for the Administration of the Toxic Substances Control Act (TSCA) Environmental Protection Agency (EPA). ACTION: Supplemental notice of proposed rulemaking. khammond on DSKJM1Z7X2PROD with PROPOSALS AGENCY: The Environmental Protection Agency (EPA) is issuing this document to modify and supplement its proposed rule issued on January 11, 2021, in which the Agency proposed updates and adjustments to the 2018 Fee Rule established under the Toxic Substances Control Act (TSCA). With over five years of experience administering the SUMMARY: VerDate Sep<11>2014 15:56 Nov 15, 2022 Jkt 259001 TSCA amendments of 2016, EPA is publishing this document to ensure that the fees charged accurately reflect the level of effort and resources needed to implement TSCA in the manner envisioned by Congress when it reformed the law. Additionally, the purpose of this document is to propose narrowing certain proposed exemptions for entities subject to the EPA-initiated risk evaluation fees and propose exemptions for the test rule fee activities; to propose modifications to the self-identification and reporting requirements for EPA-initiated risk evaluation and test rule fees; to propose a partial refund of fees for premanufacture notices withdrawn at any time after the first 10 business days during the assessment period of the chemical; to propose modifications to EPA’s proposed methodology for the production volume-based fee allocation for EPA-initiated risk evaluation fees in any scenario where a consortium is not formed; to propose expanding the fee requirements to companies required to submit information for test orders; to propose modifying the fee payment obligations to require payment by processors subject to test orders and enforceable consent agreements (ECA); to propose extending the timeframe for test order and test rule payments; as well as to propose changes to the fee amounts and the estimate of EPA’s total costs for administering TSCA. DATES: Comments must be received on or before January 17, 2023. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPPT–2020–0493, through the Federal eRulemaking Portal at https://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Additional instructions on commenting and visiting the docket, along with more information about dockets generally, is available at https://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: For technical information contact: Marc Edmonds, Existing Chemicals Risk Management Division (7404M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; telephone number: (202) 566–0758; email address: edmonds.marc@epa.gov. For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554– PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 68647 1404; email address: TSCA-Hotline@ epa.gov. SUPPLEMENTARY INFORMATION: I. Executive Summary A. Does this action apply to me? You may be affected by this action if you manufacture (including import), process, or distribute in commerce a chemical substance (or any combination of such activities) and are required to submit information to EPA under TSCA sections 4 or 5, or if you manufacture a chemical substance that is the subject of a risk evaluation under TSCA section 6(b).The following list of North American Industry Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include companies found in major NAICS groups: • Chemical Manufacturers (NAICS code 325). • Petroleum and Coal Products (NAICS code 324). • Chemical, Petroleum and Merchant Wholesalers (NAICS code 424). If you have any questions regarding the applicability of this action, please consult the technical person listed under FOR FURTHER INFORMATION CONTACT. B. What is the Agency’s authority for taking this action? TSCA, 15 U.S.C. 2601 et seq., as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act of 2016 (Pub. L. 114–182) (Ref. 1), provides EPA with authority to establish fees to defray, or provide payment for, a portion of the costs associated with administering TSCA sections 4, 5, and 6, as amended, as well as the costs of collecting, processing, reviewing, and providing access to and protecting from disclosure as appropriate under TSCA section 14 information on chemical substances under TSCA. EPA is required in TSCA section 26(b)(4)(F) to review and, if necessary, adjust the fees every three years, after consultation with parties potentially subject to fees, to ensure that funds are sufficient to defray part of the cost of administering TSCA. EPA is issuing this supplemental notice of proposed rulemaking under TSCA section 26(b), 15 U.S.C. 2625(b). C. What action is the Agency taking? After establishing fees under TSCA section 26(b), TSCA requires EPA to review and, if necessary, adjust the fees every three years, after consultation with parties potentially subject to fees. E:\FR\FM\16NOP1.SGM 16NOP1

Agencies

[Federal Register Volume 87, Number 220 (Wednesday, November 16, 2022)]
[Proposed Rules]
[Pages 68644-68647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24840]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1152; Project Identifier MCAI-2022-00260-T]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain BAE Systems (Operations) Limited Model Avro 146-RJ series 
airplanes. This proposed AD was prompted by a report that certain 
inertial reference units (IRUs) have out-of-date magnetic variation 
(MagVar) tables. This proposed AD would require assessing the values 
between the MagVar tables of the affected IRUs and the most recently 
published MagVar data tables, and corrective actions if necessary. The 
FAA is proposing this AD to address the unsafe condition on these 
products.

DATES: The FAA must receive comments on this proposed AD by January 3, 
2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, 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 
[email protected]; internet baesystems.com/Businesses/RegionalAircraft/index.htm. You may view this service information at 
the FAA, Airworthiness Products Section, Operational Safety Branch, 
2200 South 216th St., Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195.

Examining the AD Docket

    You may examine the AD docket at regulations.gov by searching for 
and locating Docket No. FAA-2022-1152; or in person at Docket 
Operations between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The AD docket contains this NPRM, the mandatory 
continuing airworthiness information (MCAI), any comments received, and 
other information. The street address for Docket Operations is listed 
above.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone: 206-231-3228; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2022-1152; Project Identifier 
MCAI-2022-00260-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider

[[Page 68645]]

all comments received by the closing date and may amend the proposal 
because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to Todd 
Thompson, Aerospace Engineer, Large Aircraft Section, International 
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
telephone: 206-231-3228; email [email protected]. Any commentary 
that the FAA receives which is not specifically designated as CBI will 
be placed in the public docket for this rulemaking.

Background

    The Civil Aviation Authority (CAA), which is the aviation authority 
for the United Kingdom, has issued CAA AD G-2022-0005, dated February 
24, 2022 (CAA AD G 2022-0005) (also referred to after this as the 
MCAI), to correct an unsafe condition for Model AVRO 146-RJ airplanes 
equipped with Honeywell Inertial Reference Unit part number (P/N) 
HG2001BC02 or P/N HG2001BC04. You may examine the MCAI in the AD docket 
at regulations.gov by searching for and locating Docket No. FAA-2022-
1152.
    This proposed AD was prompted by a report that Honeywell IRUs, P/N 
HG2001BC02 and P/N HG2001BC04, have out-of-date MagVar tables. The 
navigation system for Model Avro 146-RJ series airplanes has an 
inertial reference system (IRS) that uses true north to calculate 
magnetic heading and track. The IRS includes IRUs with MagVar data 
tables that correct the heading/track for the effects of magnetic 
variation. Due to the change in the location of magnetic north over 
time, the level of IRS accuracy diminishes in certain geographical 
locations if an IRU's MagVar data table is not kept up to date with 
current WMM MagVar data tables. Consequently, certain airplanes may 
have IRUs with MagVar tables that are out of date, which can lead to 
inaccurate heading, course, and bearing calculations.
    The FAA is proposing this AD to address IRUs having outdated MagVar 
data tables, which could lead to inaccurate IRS calculations, possibly 
resulting in increased risk of controlled flight into terrain, or 
collision with another airplane and injury to occupants. See the MCAI 
for additional background information.

Related Service Information Under 1 CFR Part 51

    BAE Systems has issued All Operator Message 21-011V-1, Issue 1, 
dated September 27, 2021. This service information describes, among 
other actions, procedures for assessing the accuracy of an affected 
IRU's MagVar data table when compared to the existing WMM MagVar data 
tables, and corrective actions if the MagVar is greater than 2 degrees. 
The corrective actions include either updating an affected IRU's MagVar 
data tables, or operating an airplane only if the terrain awareness 
warning system (TAWS) and traffic collision avoidance system (TCAS) are 
installed and operative and revising the operator's FAA-approved 
minimum equipment list (MEL) to prohibit dispatch unless both TAWS and 
TCAS are installed and operative. BAE Systems All Operator Message 21-
011V-1, Issue 1, dated September 27, 2021, also specifies that updating 
the data tables would terminate the MEL prohibition provided the 
airplane has operative TAWS and TCAS.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is proposing this AD 
because the FAA evaluated all the relevant information and determined 
the unsafe condition described previously is likely to exist or develop 
on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information already described, except as discussed under 
``Differences Between this Proposed AD and the MCAI.''

Differences Between This Proposed AD and the MCAI

    CAA AD G-2022-0005 requires operators to provide ``information for 
flight crew'' regarding procedures for operating in areas with known or 
suspected significant magnetic variation and a means for flight crews 
to report other suspected affected locations.'' However, this proposed 
AD would not specifically require those actions as they are already 
required by FAA 14 CFR part 91 regulations.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 10 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                           Labor cost                               Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85................................              $0             $85            $850
----------------------------------------------------------------------------------------------------------------


[[Page 68646]]

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition actions specified in this proposed AD.

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.
    The FAA is 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

    The FAA 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) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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 airworthiness 
directive:

BAE Systems (Operations) Limited: Docket No. FAA-2022-1152; Project 
Identifier MCAI-2022-00260-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by January 3, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to BAE Systems (Operations) Limited Model Avro 
146-RJ70A, 146-RJ85A, and 146-RJ100A airplanes, certificated in any 
category, equipped with Honeywell inertial reference unit (IRU) part 
number (P/N) HG2001BC02 or P/N HG2001BC04.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Unsafe Condition

    This AD was prompted by a report that certain IRUs have out-of-
date magnetic variation (MagVar) tables. The FAA is issuing this AD 
to address IRUs having outdated MagVar lookup tables, which could 
lead to inaccurate inertial reference system calculations, possibly 
resulting in increased risk of controlled flight into terrain, or 
collision with another airplane and injury to occupants.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Definitions

    For the purpose of this AD, the following definitions apply:
    (1) Affected IRU: A Honeywell IRU having P/N HG2001BC02 using a 
MagVar lookup table from 1990, or P/N HG2001BC04 using a MagVar 
lookup table from 1995.
    (2) WMM: World Magnetic Model, which is the standard model for 
navigation, altitude, and heading referencing systems using the 
geomagnetic field. The WMM is produced at 5-year intervals. The 
existing WMM as of November 16, 2022 was released December 10, 2019.

(h) Magnetic Variation Assessment

    Within 3 months after the effective date of this AD, and 
thereafter at intervals not to exceed 5 years, assess the accuracy 
of an affected IRU's MagVar data table, in accordance with the 
Recommendations of BAE Systems All Operator Message 21-011V-1, Issue 
1, dated September 27, 2021.
    (1) If the difference between an affected IRU's MagVar data 
table and the existing WMM MagVar data tables is less than or equal 
to 2 degrees for the routes that the airplane may operate, no 
further action is required until the assessment is repeated, as 
required by the introductory text to paragraph (h) of this AD.
    (2) If the difference between an affected IRU's MagVar data 
table and the existing WMM MagVar data tables is greater than 2 
degrees for the routes that the airplane may operate: Do the actions 
required by paragraph (h)(2)(i) or (ii) of this AD.
    (i) Within three months after the effective date of this AD or 
before further flight after the assessment in the introductory text 
to paragraph (h) of this AD, whichever occurs later: Update the 
airplane's affected IRU MagVar data tables in accordance with the 
Recommendations of BAE Systems All Operator Message 21-011V-1, Issue 
1, dated September 27, 2021.
    (ii) Comply with the provisions specified in, and at the times 
specified in, paragraphs (h)(2)(ii)(A) and (B) of this AD.
    (A) Further flight is prohibited in areas where the difference 
between the installed and the existing WMM MagVar values exceeds the 
2 degree tolerance unless both terrain awareness warning system 
(TAWS) and traffic collision avoidance system (TCAS) are installed 
and operative.
    (B) Before further flight, revise the operator's existing FAA-
approved minimum equipment list (MEL) to prohibit dispatch unless 
both TAWS and TCAS are installed and operative.
    (3) If an affected IRU's MagVar data table cannot be determined, 
follow the procedures specified in the Recommendations of BAE 
Systems All Operator Message 21-011V-1, Issue 1, dated September 27, 
2021.
    (4) This AD does not require operators to provide flightcrews 
with certain operating procedures as those actions are already 
required by existing FAA operating regulations.

(i) Terminating Action for MEL Prohibition

    Updating both affected IRUs, as specified in paragraph (h)(2)(i) 
of this AD, terminates the MEL prohibition specified in paragraph 
(h)(2)(ii)(B) of this AD, provided both TAWS and TCAS are installed 
and operative.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation Branch, FAA, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or responsible Flight 
Standards Office, as appropriate. If sending information directly to 
the Large Aircraft Section, International Validation Branch, send it 
to the attention of the person identified in paragraph (k)(2) of 
this AD. Information may be emailed to: [email protected]. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: As of the effective date of 
this AD, for any requirement in this AD to obtain instructions from 
a

[[Page 68647]]

manufacturer, the instructions must be accomplished using a method 
approved by the Manager, Large Aircraft Section, International 
Validation Branch, FAA; or the UK CAA; or BAE Systems (Operations) 
Limited's UK CAA DOA. If approved by the DOA, the approval must 
include the DOA-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) CAA AD G-2022-0005, dated February 24, 2022, for related 
information. This MCAI may be found in the AD docket on the internet 
at regulations.gov by searching for and locating Docket No. FAA-
2022-1152.
    (2) For more information about this AD, contact Todd Thompson, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
206-231-3228; email [email protected].
    (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 
[email protected]; internet baesystems.com/Businesses/RegionalAircraft/index.htm. You may view this service information at 
the FAA, Airworthiness Products Section, Operational Safety Branch, 
2200 South 216th St., Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195.

    Issued on November 9, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-24840 Filed 11-15-22; 8:45 am]
BILLING CODE 4910-13-P
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