[Federal Register: December 5, 2003 (Volume 68, Number 234)]
[Proposed Rules]
[Page 67986-67988]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05de03-23]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2001-NM-272-AD]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited Model
BAe 146-100A and -200A Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to all BAE Systems (Operations)
Limited Model BAe 146-100A and -200A series airplanes. This proposal
would require an inspection to determine the part number of the inner
links of the side stays for the main landing gear (MLG), and
replacement of the inner links with new parts, if necessary. This
action is necessary to prevent the failure of the MLG, which could
result in damage to the airplane structure or injury to airplane
occupants. This action is intended to address the identified unsafe
condition.
DATES: Comments must be received by January 5, 2004.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2001-NM-272-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address: 9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2001-NM-272-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 or 2000 or
ASCII text.
The service information referenced in the proposed rule may be
obtained from British Aerospace Regional Aircraft American Support,
13850 Mclearen Road, Herndon, Virginia 20171. This information may be
examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue,
SW., Renton, Washington.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed 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 above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this action may be changed in
light of the comments received.
Submit comments using the following format:
[sbull] Organize comments issue-by-issue. For example, discuss a
request to change the compliance time and a request to change the
service bulletin reference as two separate issues.
[sbull] For each issue, state what specific change to the proposed
AD is being requested.
[sbull] Include justification (e.g., reasons or data) for each
request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2001-NM-272-AD.'' The postcard will be date stamped
and returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2001-NM-272-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Civil Aviation Authority (CAA), which is the airworthiness
authority for
[[Page 67987]]
the United Kingdom, notified the FAA that an unsafe condition may exist
on all BAE Systems (Operations) Limited Model BAe 146-100A and -200A
series airplanes. The CAA advises that the safe life for the inner
links of the main landing gear (MLG) side stays is listed incorrectly
in the Airworthiness Limitations section of the Aircraft Maintenance
Manual (AMM) at Issue 73. The safe life is listed incorrectly in the
AMM as 60,000 total landings, rather than the actual safe life of
either 57,500 total landings for BAe 146-100A series airplanes, or
37,400 total landings for BAe 146-200A series airplanes. Inner links
with certain part numbers could be subject to failure if allowed to
remain in service past the actual safe life for the part. This
condition, if not corrected, could result in the failure of the MLG and
subsequent damage to the airplane structure or injury to airplane
occupants.
Explanation of Relevant Service Information
BAE Systems (Operations) Limited has issued Service Bulletin
ISB.32-166, dated May 28, 2001, which describes procedures for an
inspection to determine the part number of the side stay inner links
for the MLG, and replacement of the side stay inner links with new
parts, if necessary. The CAA classified this service bulletin as
mandatory and issued British airworthiness directive 005-05-2001 in
order to assure the continued airworthiness of this airplane in the
United Kingdom.
The BAE Systems (Operations) Limited service bulletin references
Messier-Dowty Service Bulletin 146-32-153, dated May 29, 2001, as an
additional source of service information for accomplishment of the
inspection and replacement, if necessary.
FAA's Conclusions
These airplane models are manufactured in the United Kingdom and
are type certificated for operation in the United States under the
provisions of Sec. 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 Proposed Rule
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, the proposed AD would require accomplishment of
the actions specified in the service bulletin described previously,
except as discussed below.
Differences Between Proposed Rule and Referenced Service Bulletins
Although Messier-Dowty Service Bulletin 146-32-153, and BAE Systems
(Operations) Limited Service Bulletin ISB.32-166, specify to submit
certain information to each manufacturer, this proposed AD does not
include such requirements.
Although Messier-Dowty Service Bulletin 146-32-153 specifies that
operators may contact the manufacturer for information on the safe
remaining life of side stays used at different operating weights, this
proposed AD would require operators to determine the safe remaining
life per a method approved by either the FAA or the CAA (or its
delegated agent). In light of the type of action that would be required
to address the unsafe condition, and consistent with existing bilateral
airworthiness agreements, we have determined that, for this proposed
AD, an appropriate action approved by either the FAA or the CAA would
be acceptable for compliance with this proposed AD.
Cost Impact
The FAA estimates that 15 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 1 work
hour per airplane to accomplish the proposed inspection, and that the
average labor rate is $65 per work hour. Based on these figures, the
cost impact of the proposed AD on U.S. operators is estimated to be
$975, or $65 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the proposed requirements of
this AD action, and that no operator would accomplish those actions in
the future if this AD were not adopted. The cost impact figures
discussed in AD rulemaking actions represent only the time necessary to
perform the specific actions actually required by the AD. These figures
typically do not include incidental costs, such as the time required to
gain access and close up, planning time, or time necessitated by other
administrative actions.
Regulatory Impact
The regulations proposed herein 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. Therefore, it
is determined that this proposal would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I certify that 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) if promulgated, 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. A copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
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 adding the following new
airworthiness directive:
BAE Systems (Operations) Limited (Formerly British Aerospace
Regional Aircraft): Docket 2001-NM-272-AD.
Applicability: All Model BAe 146-100A and -200A series
airplanes; certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent the failure of the main landing gear (MLG), which
could result in damage to the airplane structure or injury to
airplane occupants, accomplish the following:
Inspection To Determine Part Number
(a) Within 50 landings or 31 days after the effective date of
this AD, whichever occurs first: Inspect the inner link of the side
stays
[[Page 67988]]
of the main landing gear (MLG) to determine the part number, per the
Accomplishment Instructions of BAE Systems (Operations) Limited
Service Bulletin ISB.32-166, dated May 28, 2001. Although this
service bulletin specifies to submit certain information to the
manufacturer, this AD does not include such a requirement.
Note 1: BAE Systems (Operations) Limited Service Bulletin,
ISB.32-166, dated May 28, 2001, references Messier-Dowty Service
Bulletin 146-32-153, dated May 29, 2001, as an additional source of
service information for accomplishment of the inspection and
replacement required by this AD. Although the Messier-Dowty service
bulletin specifies to submit certain information to the
manufacturer, this AD does not include such a requirement.
Replacement at New Reduced Safe Life
(b) Replace any side stay which, during the inspection required
by paragraph (a) of this AD, is found to have part number 200884319,
200884320, 200884331, 200884332, 200884342, or 200884343. Replace
the side stay with a new side stay having the same part number, at
the applicable compliance time specified in paragraph 1.D.
``Compliance'' of BAE Systems (Operations) Limited Service Bulletin
ISB.32-166, dated May 28, 2001, as measured from the effective date
of this AD.
Safe Remaining Life
(c) If any side stay having part number 200884319, 200884320,
200884331, 200884332, 200884342, or 200884343 has been used at
different operating weights, and the service bulletin recommends
contacting Messier-Dowty for appropriate action based on the safe
remaining life of the side stay; contact the Manager, International
Branch, ANM-116, FAA, Transport Airplane Directorate; or the Civil
Aviation Authority (CAA), which is the airworthiness authority for
the United Kingdom, (or its delegated agent); for appropriate
action.
Alternative Methods of Compliance
(d) In accordance with 14 CFR 39.19, the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA, is authorized
to approve alternative methods of compliance for this AD.
Note 2: The subject of this AD is addressed in British
airworthiness directive 005-05-2001.
Issued in Renton, Washington, on November 28, 2003.
Kevin Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-30222 Filed 12-4-03; 8:45 am]
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