# Airworthiness Directives; British Aerospace Model BAe 146-100A, - 200A, and -300A Series Airplanes > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-7491 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** March 31, 1994 ## Text DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 94-NM-31-AD; Amendment 39-8867; AD 94-07-09] Airworthiness Directives; British Aerospace Model BAe 146-100A, - 200A, and -300A Series Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule; request for comments. ----------------------------------------------------------------------- SUMMARY: This amendment supersedes an existing airworthiness directive (AD), applicable to certain British Aerospace Model BAe 146-100A, - 200A, and -300A series airplanes, that currently requires installation of a placard, which prescribes special procedures when operating at certain flight levels with the engine and airframe anti-ice switch ON; modification of the air brake auto-retract function; and revision of the FAA- approved Airplane Flight Manual (AFM) to include special procedures for operation in certain icing conditions. This amendment requires additional revisions to the AFM, which prescribe certain altitude and operating limitations and procedures. This amendment is prompted by reports of uncommanded engine thrust reductions (rollback) when operating in the vicinity of thunderstorms. The actions specified in this AD are intended to prevent engine power rollback during flight in icing conditions. DATES: Effective April 15, 1994. The incorporation by reference of certain publications as listed in the regulations is approved by the Director of the Federal Register as of April 15, 1994. The incorporation by reference of British Aerospace Service Bulletin SB.11-97-01285A, Revision 1, dated April 3, 1992, as listed in the regulations, was approved previously by the Director of the Federal Register as of December 17, 1992 (57 FR 53548, November 12, 1992). Comments for inclusion in the Rules Docket must be received on or before May 31, 1994. ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-103, Attention: Rules Docket No. 94-NM-31-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056. The service information referenced in this AD may be obtained from British Aerospace, Incorporated, Avro Division, 22070 Broderick Drive, Sterling, Virginia 20166. 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) 227-1320. SUPPLEMENTARY INFORMATION: On November 3, 1992, the FAA issued AD 92- 24-09, Amendment 39-8415 (57 FR 53548, November 12, 1992), which is applicable to certain British Aerospace Model BAe 146-100A, -200A, and -300A series airplanes. That AD requires installation of a placard, which prescribes special procedures when operating at certain flight levels with the engine and airframe anti-ice switch ON; modification of the air brake auto-retract function; and revision of the FAA-approved Airplane Flight Manual (AFM) to include special procedures to be observed when operating in certain icing conditions. That action was prompted by a report of spool down/rollback and subsequent shutdown of one or more engines on a Model BAe 146-200 series airplane that was in flight. The actions required by that AD are intended to prevent loss of sufficient power to sustain flight. Since the issuance of that AD, the Civil Aviation Authority (CAA), which is the airworthiness authority for the United Kingdom, notified the FAA that an unsafe condition may exist on all British Aerospace Model BAe 146-100A, -200A, and -300A series airplanes. The CAA advises that it has received additional reports of uncommanded engine thrust reductions (rollbacks) when operating these airplanes in icing conditions in the vicinity of thunderstorms. Although the exact cause for these engine power rollbacks has not yet been ascertained, the FAA has determined that, based upon the best data available to date, special altitude and operating limitations must be imposed when operating these airplanes in icing conditions above 26,000 feet altitude in order to preclude the possibility of a significant engine power rollback that may result in insufficient power to sustain flight. These limitations are applicable to all Model BAe 146-100A, -200A, and -300A series airplanes, since the cause for this problem has not been isolated to any specific configuration or series of airplanes of this type design. British Aerospace has issued Issue No. 2 of the following Temporary Revisions (TR) to the AFM, all dated February 1994. These TR's contain certain altitude and operating limitations and procedures to be followed when icing conditions exist above 26,000 feet altitude: 1. TR 30, Document No. BAe 3.3 (for Model BAe 146-100A series airplanes), 2. TR 41 and TR 42, Document No. BAe 3.6 (for Model BAe 146-200A series airplanes), and 3. TR 23, Document No. BAe 3.11 (for Model BAe 146-300A series airplanes). The CAA has approved these AFM revisions and has issued a British airworthiness directive to mandate the described limitations and procedures. This airplane model is manufactured in the United Kingdom and is type certificated for operation in the United States under the provisions of Sec. 21.29 of the Federal Aviation Regulations 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. Since an unsafe condition has been identified that is likely to exist or develop on other airplanes of the same type design registered in the United States, this AD supersedes AD 92-24-09 to require additional revisions to the FAA-approved Airplane Flight Manual (AFM) by removing the existing Temporary Revision of the AFM required by AD 92-24-09 and replacing them with Issue No. 2 of the Temporary Revisions of the AFM described previously. This AD 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 is considered to be interim action until final action is identified, at which time the FAA may consider further rulemaking. Since a situation exists that requires the immediate adoption of this regulation, it is found that notice and opportunity for prior public comment hereon are impracticable, and that good cause exists for making this amendment effective in less than 30 days. 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 notice must submit a self-addressed, stamped postcard on which the following statement is made: ``Comments to Docket Number 94-NM-31-AD.'' The postcard will be date stamped and returned to the commenter. 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 and that it is not considered to be 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 14 CFR part 39 of the Federal Aviation Regulations as follows: PART 39--AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C. 106(g); and 14 CFR 11.89. Sec. 39.13 [Amended] 2. Section 39.13 is amended by removing amendment 39-8415 (57 FR 53548, November 12, 1992), and by adding a new airworthiness directive (AD), amendment 39-8867, to read as follows: 94-07-09 British Aerospace: Amendment 39-8867. Docket 94-NM-31-AD. Supersedes AD 92-24-09, Amendment 39-8415. Applicability: All Model BAe 146-100A, -200A, and -300A series airplanes, certificated in any category. Compliance: Required as indicated, unless accomplished previously. Note 1: Paragraphs (a) and (b) of this AD merely restate the requirements of paragraphs (a) and (b) of AD 92-24-09, Amendment 39- 8415. As allowed by the phrase, ``unless accomplished previously,'' if those requirements of AD 92-24-09 have already been accomplished, this AD does not require that those actions be repeated. To prevent engine power rollback during flight in icing conditions, 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 70 hours time-in-service after the effective date of this AD, amend the FAA-approved AFM as required by paragraphs (c)(1) and (c)(2) of this AD: (1) For airplanes listed in British Aerospace Service Bulletin SB.11-97-01285A, Revision 1, dated April 3, 1992: Remove the following Temporary Revisions (TR) from the Limitations Section and Normal/Abnormal Procedures Section, as applicable: (i) For British Aerospace Model BAe 146-100A series airplanes: TR 22 (Document No. BAe 3.3), dated April 1992. (ii) For British Aerospace Model BAe 146-200A series airplanes: TR 28 (Document No. BAe 3.6), dated April 1992; or TR 33 (Document No. BAe 3.6), dated April 1992; as applicable. (iii) For British Aerospace Model BAe 146-300A series airplanes: TR 12 (Document No. BAe 3.11), dated March 1992. (2) For all airplanes: Insert the following TR's into the Limitations Section and the Normal/Abnormal Procedures/Handling Section, as applicable: Note 2: When the following Temporary Revisions 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 30, TR 41, TR 42, or TR 23. (i) For British Aerospace Model BAe 146-100A series airplanes: TR 30, Issue No. 2, dated February 1994. (ii) For British Aerospace Model BAe 146-200A series airplanes: TR 41, Issue No. 2, dated February 1994; or TR 42, Issue No. 2, dated February 1994; as applicable. (iii) For British Aerospace Model BAe 146-300A series airplanes: TR 23, Issue No. 2, dated February 1994. (d) 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 Maintenance Inspector, who may add comments and then send it to the Manager, Standardization Branch, ANM-113. Note 3: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Standardization Branch, ANM-113. (e) Special flight permits may be issued in accordance with Federal Aviation Regulations (FAR) 21.197 and 21.199 to operate the airplane to a location where the requirements of this AD can be accomplished. (f) The revision of the AFM shall be done in accordance with Temporary Revision No. 30 (Document No. BAe 3.3), Issue No. 2, dated February 1994; Temporary Revision No. 41 (Document No. BAe 3.6), Issue No. 2, dated February 1994; Temporary Revision No. 42 (Document No. BAe 3.6), Issue No. 2, dated February 1994; and Temporary Revision No. 23 (Document No. BAe 3.11), Issue No. 2, dated February 1994 ; as applicable. The incorporation by reference of these documents is approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The installation of the placard and modification shall be in accordance with British Aerospace Service Bulletin SB.11-97-01285A, Revision 1, dated April 3, 1992. This incorporation by reference was approved previously by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 as of December 17, 1992 (57 FR 53548, November 12, 1992). Copies may be obtained from British Aerospace, Incorporated, Avro Division, 22070 Broderick Drive, Sterling, Virginia 20166. 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. (g) This amendment becomes effective on April 15, 1994. Issued in Renton, Washington, on March 24, 1994. Darrell M. Pederson, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 94-7491 Filed 3-30-94; 8:45 am] BILLING CODE 4910-13-U --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-7491. Public record. Not legal advice.