
[Federal Register: August 13, 2010 (Volume 75, Number 156)]
[Rules and Regulations]               
[Page 49365-49368]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au10-4]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0434; Directorate Identifier 2009-NM-221-AD; 
Amendment 39-16386; AD 2010-16-09]
RIN 2120-AA64

 
Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146-100A and -200A Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation

[[Page 49366]]

product. The MCAI describes the unsafe condition as:

    The operation of the airbrake lever in the ``airbrakes out'' to 
``lift spoiler'' range has been the subject of two occurrence 
reports. The lift spoilers on the BAe 146 and Avro 146-RJ aeroplanes 
have been designed to deploy on landing to provide aerodynamic 
braking and to dump lift to ensure that the wheel brakes can provide 
the necessary speed reduction.

* * * * *
    The effects of deceleration and landing inertia loads can cause 
uncommanded movement of the airbrake selector lever from the ``lift 
spoiler'' position to the ``airbrakes out'' position, causing the 
lift spoilers to retract during the landing roll. This condition, if 
not corrected, would increase the landing distance, possibly 
resulting in a runway overrun and consequent injury to aeroplane 
occupants.
* * * * *
We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective September 17, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
17, 2010.

ADDRESSES: You may examine the AD docket on the Internet at http://
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, Washington 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 April 30, 2010 (75 
FR 22710). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    The operation of the airbrake lever in the ``airbrakes out'' to 
``lift spoiler'' range has been the subject of two occurrence 
reports. The lift spoilers on the BAe 146 and Avro 146-RJ aeroplanes 
have been designed to deploy on landing to provide aerodynamic 
braking and to dump lift to ensure that the wheel brakes can provide 
the necessary speed reduction.
    A review of the changing operational profile of the aeroplane 
type concluded that its proven short field performance has 
increasingly been exploited in recent years by a number of operators 
worldwide. Frequently, these short field operations are conducted 
from airports that are located in mountainous terrain or in close 
proximity to bodies of water, leaving fewer margins for error, e.g. 
landing long or at (too) high speed.
    The effects of deceleration and landing inertia loads can cause 
uncommanded movement of the airbrake selector lever from the ``lift 
spoiler'' position to the ``airbrakes out'' position, causing the 
lift spoilers to retract during the landing roll. This condition, if 
not corrected, would increase the landing distance, possibly 
resulting in a runway overrun and consequent injury to aeroplane 
occupants.
    On certain BAe 146 aeroplanes, without modifications HCM00889A 
and B or modifications HCM00889A and C incorporated, negligible 
force is required to move the airbrake lever back to the ``airbrakes 
out'' position. From 1988 onwards, modifications were introduced on 
the production line to incorporate a modified friction baulking 
device such that a force of 12 lbs must be applied to move the 
airbrake lever from the ``lift spoiler'' position to the ``airbrakes 
out'' position. These modifications were also made available as an 
optional in-service retrofit.
    For the reasons described above, this AD requires the 
modification of the airbrake lever detent mechanism.

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 received no comments on the NPRM or on the determination of 
the cost to the public.

Explanation of Change to Applicability

    We have revised the applicability of the existing AD to identify 
model designations as published in the most recent type certificate 
data sheet for the affected models.

Conclusion

    We reviewed the available data, and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We determined that these changes will not increase the 
economic burden on any operator or increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a Note within the AD.

Costs of Compliance

    We estimate that this AD will affect 1 product of U.S. registry. We 
also estimate that it will take about 11 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 $7,000 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. operator to be $7,935.

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 this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;

[[Page 49367]]

    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 AD and placed it in the AD docket.

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 the NPRM, 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

0
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:

2010-16-09 BAE Systems (Operations) Limited: Amendment 39-16386. 
Docket No. FAA-2010-0434; Directorate Identifier 2009-NM-221-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective 
September 17, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to BAE Systems (Operations) Limited Model 
BAe 146-100A and -200A airplanes, certificated in any category, 
serial numbers as listed in British Aerospace 146 Modification 
Service Bulletin 27-73-00889A&B, Revision 4, dated June 15, 1990.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    The operation of the airbrake lever in the ``airbrakes out'' to 
``lift spoiler'' range has been the subject of two occurrence 
reports. The lift spoilers on the BAe 146 and Avro 146-RJ aeroplanes 
have been designed to deploy on landing to provide aerodynamic 
braking and to dump lift to ensure that the wheel brakes can provide 
the necessary speed reduction.
    A review of the changing operational profile of the aeroplane 
type concluded that its proven short field performance has 
increasingly been exploited in recent years by a number of operators 
worldwide. Frequently, these short field operations are conducted 
from airports that are located in mountainous terrain or in close 
proximity to bodies of water, leaving fewer margins for error, e.g. 
landing long or at (too) high speed.
    The effects of deceleration and landing inertia loads can cause 
uncommanded movement of the airbrake selector lever from the ``lift 
spoiler'' position to the ``airbrakes out'' position, causing the 
lift spoilers to retract during the landing roll. This condition, if 
not corrected, would increase the landing distance, possibly 
resulting in a runway overrun and consequent injury to aeroplane 
occupants.
    On certain BAe 146 aeroplanes, without modifications HCM00889A 
and B or modifications HCM00889A and C incorporated, negligible 
force is required to move the airbrake lever back to the ``airbrakes 
out'' position. From 1988 onwards, modifications were introduced on 
the production line to incorporate a modified friction baulking 
device such that a force of 12 lbs must be applied to move the 
airbrake lever from the ``lift spoiler'' position to the ``airbrakes 
out'' position. These modifications were also made available as an 
optional in-service retrofit.
    For the reasons described above, this AD requires the 
modification of the airbrake lever detent mechanism.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Do the following actions.
    (1) Within 12 months after the effective date of this AD, modify 
the airbrake lever detent mechanism, in accordance with the 
Accomplishment Instructions of British Aerospace 146 Modification 
Service Bulletin 27-73-00889A&B, Revision 4, dated June 15, 1990.
    (2) Modifying the airbrake lever detent mechanism is also 
acceptable for compliance with paragraph (g)(1) of this AD, if done 
before the effective date of this AD, in accordance with the 
Accomplishment Instructions of British Aerospace 146 Modification 
Service Bulletin 27-73-00889A&B, Revision 3, dated August 1, 1989.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: While European Aviation Safety Agency (EASA) AD 2009-
0206, dated September 30, 2009, considers Revision 0, 1, or 2 of 
British Aerospace 146 Modification Service Bulletin 27-73-00889A&B 
as an acceptable method of compliance, this AD does not. However, 
operators may request approval of an alternative method of 
compliance in accordance with the procedures specified in paragraph 
(h)(1) of this AD.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, 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 principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards 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.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (i) Refer to MCAI EASA Airworthiness Directive 2009-0206, dated 
September 30, 2009; and British Aerospace 146 Modification Service 
Bulletin 27-73-00889A&B, Revision 4, dated June 15, 1990; for 
related information.

Material Incorporated by Reference

    (j) You must use British Aerospace 146 Modification Service 
Bulletin 27-73-00889A&B, Revision 4, dated June 15, 1990, to do the 
actions required by this AD, unless the AD specifies otherwise. 
British Aerospace 146 Modification Service Bulletin 27-73-00889A&B, 
Revision 4, contains the following effective pages:

[[Page 49368]]



----------------------------------------------------------------------------------------------------------------
                                                    Revision level
                    Page No.                        shown on page                Date  shown on page
----------------------------------------------------------------------------------------------------------------
1, 3-4, 7, 15-16, 19............................                  4  June 15, 1990.
2...............................................                  3  August 1, 1989.
5, 8-12, 17-18, 20..............................                  1  August 10, 1988.
6, 13-14........................................                  2  June 27, 1989.
----------------------------------------------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (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; e-mail 
RApublications@baesystems.com; Internet http://www.baesystems.com/
Businesses/RegionalAircraft/index.htm.
    (3) You may review copies of the 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.
    (4) You may also review copies of the 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: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on July 28, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-19329 Filed 8-12-10; 8:45 am]
BILLING CODE 4910-13-P

