

[Federal Register: December 26, 2007 (Volume 72, Number 246)]
[Proposed Rules]               
[Page 72968-72969]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26de07-25]                         

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================



[[Page 72968]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0371; Directorate Identifier 2007-NM-269-AD]
RIN 2120-AA64

 
Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146 and Model Avro 146-RJ Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from service history of 
incidents and accidents involving transport category turbojet airplanes 
without leading edge high lift devices, that shows that even small 
amounts of frost, ice, snow, or slush on the wing leading edges or 
forward upper wing surfaces can cause an adverse change in the stall 
speeds, stall characteristics, and the protection provided by the stall 
protection system. This proposed AD requires revising the airplane 
flight manual to include a new cold weather operations limitation. We 
are proposing this AD to prevent possible loss of control on takeoff 
resulting from even small amounts of frost, ice, snow, or slush on the 
wing leading edges or forward upper wing surfaces. The proposed AD 
would require actions that are intended to address the unsafe 
condition.

DATES: We must receive comments on this proposed AD by January 25, 
2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov.
 Follow the instructions for submitting comments.

     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Operations office 

between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-0371; 
Directorate Identifier 2007-NM-269-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov
, including any personal information you provide. We 

will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    In February 2005, the FAA began a review of certain airplanes of 
concern--turbojet airplanes without leading edge high lift devices--to 
determine their sensitivity to takeoff in ice/frost conditions. We have 
taken a broad and proactive approach to this issue. This approach 
involved a review of the effect of small amounts of wing contamination 
on the takeoff safety margins of the existing fleet of turbojet 
transport category airplanes that do not have leading edge high lift 
devices. Included in this review were the BAE Systems (Operations) 
Limited Model BAe 146 and Model Avro 146-RJ airplanes. We have already 
taken airworthiness action against certain airplane types that have 
experienced accidents and incidents due to a contaminated wing. 
Although there have been no accidents or incidents related to wing 
contamination associated with the BAE Systems (Operations) Limited 
Model BAe 146 and Model Avro 146-RJ airplanes, the wings of these 
airplanes are similarly sensitive to small amounts of wing 
contamination.
    Small, almost visually imperceptible, amounts of ice on the wing's 
leading edge or upper surface can cause severe aerodynamic penalties 
and result in a loss of control of the airplane during takeoff. Despite 
operating rules, procedures, and training programs stressing the 
importance of a clean wing for takeoff, continued accidents and 
incidents show that airplanes are still departing with ice-contaminated 
wings.
    This proposed AD would require revising the airplane flight manual 
(AFM) to include new limitations for cold weather operation. The 
actions in this proposed AD are intended to prevent possible loss of 
control on takeoff resulting from even small amounts of frost, ice, 
snow, or slush on the wing leading edges or forward upper wing 
surfaces.

FAA's Determination and Requirements of the Proposed AD

    These airplanes are manufactured in the United Kingdom and are type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement.
    We are proposing this AD because we evaluated all relevant 
information and determined the unsafe condition described previously is 
likely to exist or

[[Page 72969]]

develop in other products of the same type design.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 1 product of U.S. registry. We also estimate that it 
would take about 1 work-hour per product to comply with this proposed 
AD. The average labor rate is $80 per work-hour. Based on these 
figures, we estimate the cost of the proposed AD on U.S. operators to 
be $80, or $80 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

BAE Systems (Operations) Limited (Formerly British Aerospace 
Regional Aircraft): Docket No. FAA-2007-0371; Directorate Identifier 
2007-NM-269-AD.

Comments Due Date

    (a) We must receive comments by January 25, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all BAE Systems (Operations) Limited 
Model BAE 146-100A, -200A, and -300A series airplanes, certificated 
in any category; and all Model Avro 146-RJ70A, 146-RJ85A, and 146-
RJ100A airplanes, certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 30: Ice and 
Rain Protection.

Reason

    (e) This AD results from service history of incidents and 
accidents involving transport category turbojet airplanes without 
leading edge high lift devices, that shows that even small amounts 
of frost, ice, snow, or slush on the wing leading edges or forward 
upper wing surfaces can cause an adverse change in the stall speeds, 
stall characteristics, and the protection provided by the stall 
protection system. We are issuing this AD to prevent possible loss 
of control on take-off resulting from even small amounts of frost, 
ice, snow, or slush on the wing leading edges or forward upper wing 
surfaces.

Actions and Compliance

    (f) Within 14 days after the effective date of this AD, revise 
the Limitations Section of the Airplane Flight Manual (AFM) to 
include the following statement. This may be done by inserting a 
copy of this AD in the AFM.

    ``1. Takeoff is prohibited with frost, ice, snow, or slush 
adhering to the wings, control surfaces, engine inlets, or other 
critical surfaces.
    2. A visual and tactile (hand on surface) check of the wing 
leading edge and the wing upper surface must be performed to ensure 
the wing is free from frost, ice, snow, or slush when the outside 
air temperature is less than 42 degrees F (6 degrees C), or if it 
cannot be ascertained that the wing fuel temperature is above 32 
degrees F (0 degrees C); and
    a. There is visible moisture (rain, drizzle, sleet, snow, fog, 
etc.) present; or
    b. Water is present on the wing; or
    c. The difference between the dew point and the outside air 
temperature is 5 degrees F (3 degrees C) or less; or
    d. The atmospheric conditions have been conducive to frost 
formation.''

    Note 1: When a statement identical to that in paragraph (f) of 
this AD has been included in the general revisions of the AFM, the 
general revisions may be inserted into the AFM, and the copy of this 
AD may be removed from the AFM.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, Transport Airplane Directorate, ANM-116, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: Todd 
Thompson, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; telephone (425) 227-1175; fax (425) 227-1149. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) None.

    Issued in Renton, Washington, on December 14, 2007.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-24922 Filed 12-21-07; 8:45 am]

BILLING CODE 4910-13-P
