[Federal Register Volume 61, Number 138 (Wednesday, July 17, 1996)]
[Rules and Regulations]
[Pages 37199-37202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17984]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 96-NM-162-AD; Amendment 39-9694; AD 96-14-09]
RIN 2120-AA64
Airworthiness Directives; British Aerospace Model BAe 146-100A, -
200A, and -300A Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This document publishes in the Federal Register an amendment
adopting Airworthiness Directive (AD) 96-14-09 that was sent previously
to all known U.S. owners and operators of British Aerospace Model BAe
146-100A, -200A, and -300A series airplanes by individual notices. This
amendment supersedes a previously issued AD that currently requires
installation of a placard prescribing special procedures to be followed
when operating at certain flight levels with the engine and airframe
anti-ice switch ON; modification of the air brake auto-retract
function; and a revision to the Airplane Flight Manual (AFM) to include
special procedures for operating in certain icing conditions. This new
amendment adds a requirement to accomplish an additional revision to
the AFM relative to altitude and operating limitations associated with
flight in icing conditions above 26,000 feet. This amendment is
prompted by reports of uncommanded engine thrust reductions
[[Page 37200]]
(rollback) when operating in certain icing conditions that exist in the
vicinity of thunderstorms. The actions specified by this AD are
intended to prevent engine power rollback during flight in icing
conditions, a condition that could result in insufficient power to
sustain flight.
DATES: Effective July 22, 1996, to all persons except those persons to
whom it was made immediately effective by AD 96-14-09, issued July 2,
1996, which contained the requirements of this amendment.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of July 22, 1996.
Comments for inclusion in the Rules Docket must be received on or
before September 16, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 96-NM-162-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056.
The applicable service information may be obtained from British
Aerospace Holding, Inc., Avro International Aerospace Division, P.O.
Box 16039, Dulles International Airport, Washington DC 20041-6039. This
information may be examined at the FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington; or at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700, Washington,
DC.
FOR FURTHER INFORMATION CONTACT: William Schroeder, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-2148; fax (206) 227-1149.
SUPPLEMENTARY INFORMATION: On March 24, 1994, the FAA issued AD 94-07-
09, amendment 39-8867 (59 FR 15042, March 31, 1994), applicable to all
British Aerospace Model BAe 146-100A, -200A, and -300A airplanes. That
AD requires:
1. installation of a placard, which prescribes special procedures
when operating at certain flight levels with the engine and airframe
anti-ice switch ON;
2. modification of the air brake auto-retract function; and
3. revisions to the FAA-approved Airplane Flight Manual (AFM),
which prescribe certain altitude and operating limitations and
procedures.
That AD was prompted by reports of uncommanded engine thrust
reductions (rollback) when operating in certain icing conditions that
exist in the vicinity of thunderstorms. The requirements of that AD are
intended to prevent engine power rollback during flight in icing
conditions.
Actions Since Issuance of Previous AD
Since issuance of that AD, the Civil Aviation Authority (CAA),
which is the airworthiness authority for the United Kingdom, notified
the FAA that it has received two additional reports of uncommanded
engine thrust reductions (rollback) when operating these airplanes in
icing conditions at altitudes above 26,000 feet. In these incidents,
the power level of one or more of the engine(s) simultaneously rolled
back below the level set by the flightcrew. The engines failed to
respond when the flightcrew attempted to restore power by moving the
power controls. In one of these incidents, the airplane lost altitude
before the flightcrew could restart the engines that are needed to
arrest the descent of the airplane. In addition, some of these engines
had exceeded their temperature limits during the rollback event and,
consequently, the flightcrew had to shut down those engines in flight.
The cause of these engine power rollback incidents has been
attributed to the accumulation of ice on a stator in the compressor
section of the engine. If engine power rollback occurs during flight in
icing conditions, it could result in insufficient power to sustain
flight.
Explanation of Relevant Service Information
British Aerospace has issued the following Temporary Revisions (TR)
to the AFM, all of which are dated July 1996:
1. TR 32, Issue No. 2, Document No. BAe 3.3 (for Model BAe 146-100A
airplanes);
2. TR 44, Issue No. 2, Document No. BAe 3.6 (for Model BAe 146-200A
airplanes); and
3. TR 25, Issue No. 2, Document No. BAe 3.11 (for Model BAe 146-
300A airplanes).
These TR's prescribe certain altitude and operating limitations,
which prohibit flight into known or forecast icing conditions above an
altitude of 26,000 feet, and define procedures to be followed when
icing conditions are inadvertently encountered above 26,000 feet.
The CAA has approved these AFM revisions and has issued British
airworthiness directive 003-06-096, dated July 1, 1996, to mandate the
described limitations and procedures in order to assure the continued
airworthiness of these airplanes in the United Kingdom.
FAA's Conclusion
This airplane model is manufactured in the United Kingdom and is
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. Pursuant
to this bilateral airworthiness agreement, the CAA has kept the FAA
informed of the situation described above. The FAA has examined the
findings of the CAA, reviewed all available information, and determined
that AD action is necessary for products of this type design that are
certificated for operation in the United States.
Explanation of Requirements of AD
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of this same type design registered
in the United States, this airworthiness directive is issued to
supersede AD 94-07-09. It continues to require installation of a
placard, which prescribes special procedures when operating at certain
flight levels with the engine and airframe anti-ice switch ON; and
modification of the air brake auto-retract function. This new AD also
requires additional new revisions to the FAA-approved AFM. These new
revisions prescribe certain altitude and operating limitations, which
prohibit flight into known or forecast icing conditions above an
altitude of 26,000 feet, and define procedures to be followed when
icing conditions are inadvertently encountered above 26,000 feet. The
AFM revisions are required to be accomplished in accordance with the
TR's described previously.
Interim Action
The requirements of this AD are considered to be interim action
until final action is identified, at which time the FAA may consider
further rulemaking.
Publication and Effectivity of AD
Since it was found that immediate corrective action was required,
notice and opportunity for prior public comment thereon were
impracticable and contrary to the public interest, and good cause
existed to make the AD effective immediately by individual notices
issued on July 2, 1996, to all known U.S. owners and operators of
British Aerospace Model BAe 146-100A, -200A, and -300A series
airplanes. These conditions still exist,
[[Page 37201]]
and the AD is hereby published in the Federal Register as an amendment
to section 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to
make it effective as to all persons.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications shall identify the Rules Docket number and be submitted
in triplicate to the address specified under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended in light of the comments
received. Factual information that supports the commenter's ideas and
suggestions is extremely helpful in evaluating the effectiveness of the
AD action and determining whether additional rulemaking action would be
needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 96-NM-162-AD.'' The postcard will be date stamped and
returned to the commenter.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects 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. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If it is
determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, may be obtained from the Rules Docket at the
location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (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. Section 39.13 is amended by removing amendment 39-8867 (59 FR
15042, March 31, 1994), and by adding a new airworthiness directive
(AD), amendment 39-9694, to read as follows:
96-14-09 British Aerospace Regional Aircraft Limited, Avro
International Aerospace Division (Formerly British Aerospace, plc;
British Aerospace Commercial Aircraft Limited): Docket No. 96-NM-
162-AD. Supersedes AD 94-07-09, Amendment 39-8867.
Applicability: All Model BAe 146-100A, -200A, and -300A
airplanes, certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this ad is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (e) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent engine power rollback during flight in icing
conditions above an altitude of 26,000 feet, accomplish the
following:
(a) For airplanes listed in British Aerospace Service Bulletin
SB.11-97-01285A, Revision 1, dated April 3, 1992: Within 30 days
after December 17, 1992 (the effective date of AD 92-24-09,
amendment 39-8415), install a placard below the ice protection
switches on the flight deck overhead panel to include additional
procedures to be followed when operating at certain flight levels
with the engine and airframe anti-ice switch ON, in accordance with
British Aerospace Service Bulletin SB.11-97-01285A, Revision 1,
dated April 3, 1992.
(b) For airplanes listed in British Aerospace Service Bulletin
SB.11-97-01285A, Revision 1, dated April 3, 1992: Within 30 days
after December 17, 1992 (the effective date of AD 92-24-09,
amendment 39-8415), modify the air brake auto-retract function, in
accordance with British Aerospace Service Bulletin SB.11-97-01285A,
Revision 1, dated April 3, 1992.
(c) Within 6 days after the effective date of this AD, amend the
FAA-approved Airplane Flight Manual (AFM) as required by paragraphs
(c)(1) and (c)(2) of this AD.
(1) Remove the following Temporary Revisions (TR) from the
Limitations Section and Normal/Abnormal Procedures Section, as
applicable:
(i) For Model BAe 146-100A airplanes: TR 30, Issue No. 2
(Document No. BAe 3.3), dated February 1994.
(ii) For Model BAe 146-200A airplanes: TR 41, Issue No. 2
(Document No. BAe 3.3), dated February 1994, or TR 42, Issue No. 2
(Document No. BAe 3.3), dated February 1994, as applicable.
(iii) For Model BAe 146-300A airplanes: TR 23, Issue No. 2
(Document No. BAe 3.3), dated February 1994.
(2) Insert the following TR's into the Limitations Section and
the Normal/Abnormal Procedures/Handling Section, as applicable.
(i) For Model BAe 146-100A airplanes: TR 32, Issue No. 2
(Document BAe 3.3), dated July 1996.
(ii) For Model BAe 146-200A airplanes: TR 44, Issue No. 2
(Document BAe 3.6), dated July 1996.
(iii) For Model BAe 146-300A airplanes: TR 25, Issue No. 2
(Document BAe 3.11), dated July 1996.
(d) When the TR's specified in paragraph (c)(2) have been
incorporated into an AFM General Revision, the applicable AFM
General Revision may be inserted into the corresponding FAA-approved
AFM, provided the information contained in the AFM General Revision
corresponds identically to that specified in TR 32, TR 44, or TR 25.
(e) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Standardization Branch, ANM-113,
FAA, Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Operations
[[Page 37202]]
Inspector, who may add comments and then send it to the Manager,
Standardization Branch, ANM-113.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(f) Special flight permits may be issued in accordance with
Sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(g) The AFM revisions shall be done in accordance with Temporary
Revision (TR) 32, Issue No. 2 (Document BAe 3.3), dated July 1996
(for Model BAe 146-100A airplanes); TR 44, Issue No. 2 (Document BAe
3.6), dated July 1996 (for Model BAe 146-200A airplanes); and TR 25,
Issue No. 2 (Document BAe 3.11), dated July 1996 (for Model BAe 146-
300A airplanes); as applicable. This incorporation by reference was
approved by the Director of the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from
British Aerospace Holding, Inc., Avro International Aerospace
Division, P.O. Box 16039, Dulles International Airport, Washington
DC 20041-6039. Copies may be inspected at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or
at the Office of the Federal Register, 800 North Capitol Street,
NW., suite 700, Washington, DC.
(h) This amendment becomes effective on July 22, 1996, to all
persons except those persons to whom it was made immediately
effective by emergency AD 96-14-09, issued July 2, 1996, which
contained the requirements of this amendment.
Issued in Renton, Washington, on July 10, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-17984 Filed 7-16-96; 8:45 am]
BILLING CODE 4910-13-U
