[Federal Register: December 1, 2004 (Volume 69, Number 230)]
[Proposed Rules]
[Page 69829-69831]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01de04-13]
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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.
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[[Page 69829]]
DEPARTMENT OF TRANSPORTATION (DOT)
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2004-19757; Directorate Identifier 2001-NM-273-AD]
RIN 2120-AA64
Airworthiness Directives; British Aerospace Model BAe 146 and
Model Avro 146-RJ Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to certain British Aerospace Model BAe 146
and Model Avro 146-RJ series airplanes. The existing AD currently
requires a one-time measurement of the thickness of the outer links on
the side stays of the main landing gear (MLG), and related
investigative and corrective actions as necessary; and provides for
replacement of a thin outer link with a new or serviceable part in lieu
of certain related investigative inspections. This new proposed AD
would instead require repetitive inspections for cracking of the outer
links on the MLG side stays, and corrective actions if necessary. This
new action would also expand the applicability, provide for optional
terminating action for the repetitive inspections, and reduce the
repetitive inspection interval. This proposed AD is prompted by new
crack findings on airplanes not subject to the existing AD, and the
determination that the profile gauge's slipping over the outer link
profile is not a factor in the identified unsafe condition. We are
proposing this AD to prevent cracking of the outer links of the MLG
side stays, which could result in failure of a side stay and consequent
collapse of the landing gear.
DATES: We must receive comments on this proposed AD by January 3, 2005.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401,
Washington, DC 20590.
Fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
British Aerospace Regional Aircraft American Support, 13850 Mclearen
Road, Herndon, Virginia 20171.
You can examine the contents of this AD docket on the Internet at
http://dms.dot.gov, or in person at the Docket Management Facility,
U.S. Department of Transportation, 400 Seventh Street SW., room PL-401,
on the plaza level of the Nassif Building, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Technical information: 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.
Plain language information: Marcia Walters, marcia.walters@faa.gov.
SUPPLEMENTARY INFORMATION:
Docket Management System (DMS)
The FAA has implemented new procedures for maintaining AD dockets
electronically. As of May 17, 2004, new AD actions are posted on DMS
and assigned a docket number. We track each action and assign a
corresponding directorate identifier. The DMS AD docket number is in
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier
(``Old Docket Number'') as a cross-reference for searching purposes.
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2004-19757;
Directorate Identifier 2001-NM-273-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments received by the closing date and may amend the
proposed AD in light of those comments.
We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this proposed AD. Using the search function of our
docket web site, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You can review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
can visit http://dms.dot.gov.
We are reviewing the writing style we currently use in regulatory
documents. We are interested in your comments on whether the style of
this document is clear, and your suggestions to improve the clarity of
our communications that affect you. You can get more information about
plain language at http://www.faa.gov/language and http://www.plainlanguage.gov.Examining
the Docket
You can examine the AD docket on the Internet at http://dms.dot.gov
, or in person at the Docket Management Facility office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after the DMS receives them.
[[Page 69830]]
Discussion
On August 10, 1999, we issued AD 99-17-12, amendment 39-11260 (64
FR 45870, August 23, 1999), for certain British Aerospace Model BAe 146
and Model Avro 146-RJ series airplanes. That AD requires a one-time
measurement to determine the thickness of the outer links of the side
stays of the main landing gear (MLG), and corrective actions, if
necessary. That AD also provides for replacement of a thin outer link
with a new or serviceable part in lieu of certain related investigative
inspections. That action was prompted by mandatory continuing
airworthiness information that was issued by the Civil Aviation
Authority (CAA), which is the airworthiness authority for the United
Kingdom. At that time, the CAA had advised that the MLG side stays were
susceptible to cracking due to the insufficient thickness of the outer
links. We issued that AD to prevent this cracking, which could result
in failure of a side stay and consequent collapse of the landing gear.
Actions Since Existing AD was Issued
Since we issued AD 99-17-12, cracks have been found on the outer
link shoulders of several MLG side stays. The cracks have been
attributed to inadequate greasing, which generated high bearing torque.
One of those affected side stays, which had a thicker web, was not
subject to AD 99-17-12.
In addition, the existing AD requires certain corrective actions if
the profile gauge slips over the top edge of the outer link profile
when the link's thickness is measured. We have since determined that
the profile gauge's slipping over the outer link profile is not a
factor in the identified unsafe condition.
Relevant Service Information
The manufacturer has issued BAE Systems (Operations) Limited
Inspection Service Bulletin ISB.32-156, Revision 1, dated July 3, 2001,
which describes procedures for repetitive visual inspections for signs
of cracks through the paint on the outer link of the MLG side stays.
Depending on crack length, corrective actions may include repetitive
inspections for cracks of the spherical bearings/greaseways and
replacement of the outer link of the MLG side stays with a new or
serviceable part. The service bulletin recommends contacting the
manufacturer for additional instructions for crack repair. The CAA
classified this service bulletin as mandatory and issued British
airworthiness directive 004-05-2001 to ensure the continued
airworthiness of these airplanes in the United Kingdom.
The optional accomplishment of the actions specified in either
Messier-Dowty Limited Service Bulletin 146-32-152, or the combination
of Messier-Dowty Limited Repair Scheme 450187952 and Messier-Dowty
Limited Service Bulletin 146-32-144, eliminates the need for the
repetitive inspections.
Secondary service information references are listed in the
following table:
Secondary Service Information
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BAE Systems (Operations) Limited
Inspection Service Bulletin ISB.32-1536 As an additional source of
refers to-- service information for--
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Messier-Dowty Service Bulletin 146-32- Adding a new label.
144.
Messier-Dowty Service Bulletin 146-32- Inspecting the MLG side stays.
147, dated May 29, 2001.
Messier-Dowty Service Bulletin 146-32- Repositioning the lubrication
152 and BAE Systems Service Bulletin fitting and label on the outer
32-162-70657CD. link.
Messier-Dowty Repair Scheme 450187952.. Installing a second lubrication
fitting.
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FAA's Determination and Requirements of the Proposed AD
These airplane models are manufactured in France 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 DGAC has kept the FAA informed
of the situation described above. We have examined the DGAC's findings,
evaluated all pertinent information, and determined that AD action is
necessary for airplanes of this type design that are certificated for
operation in the United States.
This proposed AD would supersede AD 99-17-12 to require repetitive
inspections for cracks of the outer links on the MLG side stays. The
proposed AD would also expand the applicability and provide for
optional terminating action for the repetitive inspections. The actions
would be required to be accomplished in accordance with BAE Systems
(Operations) Limited Inspection Service Bulletin ISB.32-156, described
previously, except as discussed under ``Differences Between Proposed AD
and Service Bulletin.''
Differences Between Proposed AD and Service Bulletin
The applicability of the British airworthiness directive specifies
``side stays as listed in Messier-Dowty Service Bulletin 146-32-145.''
We have determined, in conjunction with the CAA and the manufacturer,
that Messier-Dowty Service Bulletin 146-32-147 properly lists all the
affected side stays by serial number and/or part number. Therefore,
this proposed AD refers to Service Bulletin 146-32-147 for the
additional information regarding the applicability.
Unlike the procedures described in Service Bulletin ISB.32-156,
this proposed AD would not permit further flight if cracks are detected
in a flange. We have determined that, because of the safety
implications and consequences associated with such cracking, any
cracked flange must be repaired or modified before further flight.
Service Bulletin ISB.32-156 recommends contacting the manufacturer
for instructions on how to repair certain conditions, but this proposed
AD would require repairing those conditions using a method approved by
the FAA or the CAA (or its delegated agent). In light of the type of
repair that would be required to address the unsafe condition, and
consistent with existing bilateral airworthiness agreements, we have
determined that, for this proposed AD, a repair approved by the FAA or
the CAA would be acceptable for compliance with this proposed AD.
The Accomplishment Instructions of Messier-Dowty Service Bulletin
146-32-147 describe procedures for reporting the inspection findings to
the manufacturer; however, this proposed AD would not require a report.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this proposed AD.
[[Page 69831]]
Estimated Costs
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Average Number of
Work hourly Cost per U.S.-
Action hours labor Parts airplane registered Fleet cost
rate airplanes
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Inspection................... 1 $65 None......... $65, per 60 $3,900, per
inspection inspection
cycle. cycle.
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Regulatory Findings
We have 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 that the 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. See the ADDRESSES section for a location
to examine the regulatory evaluation.
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 removing amendment 39-11260 (64 FR
45870, August 23, 1999) and adding the following new airworthiness
directive (AD):
BAE Systems (Operations) Limited (Formerly British Aerospace
Regional Aircraft): Docket No. FAA-2004-19757; Directorate
Identifier 2001-NM-273-AD.
Comments Due Date
(a) The Federal Aviation Administration must receive comments on
this AD action by January 3, 2005.
Affected ADs
(b) This AD supersedes AD 99-17-12, amendment 39-11260 (64 FR
45870, August 23, 1999).
Applicability
(c) This AD applies to Model BAe 146 and Avro 146-RJ series
airplanes, certificated in any category, having any side stay listed
in Messier-Dowty Service Bulletin 146-32-147, dated May 29, 2001.
Unsafe Condition
(d) This AD was prompted by new crack findings on airplanes not
subject to the existing AD, and the determination that the profile
gauge's slipping over the outer link profile is not a factor in the
identified unsafe condition. We are issuing this AD to prevent
cracking of the outer links of the MLG side stays, which could
result in failure of a side stay and consequent collapse of the
landing gear.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Inspection
(f) At the applicable time specified in paragraph (f)(1) or
(f)(2) of this AD: Perform a detailed inspection for cracks of the
outer links on the MLG side stays, in accordance with BAE Systems
(Operations) Limited Inspection Service Bulletin ISB.32-156,
Revision 1, dated July 3, 2001. Repair cracks before further flight
in accordance with the service bulletin. Thereafter, repeat the
inspection at intervals not to exceed 2,000 flight cycles, until the
actions specified in paragraph (g) of this AD have been done.
Although the service bulletin specifies to report certain
information to the manufacturer, this AD does not require a report.
(1) If the number of flight cycles accumulated on the side stay
can be positively determined: Inspect before the accumulation of
2,000 total flight cycles on the side stay, or within 500 flight
cycles after the effective date of this AD, whichever occurs later.
(2) If the number of flight cycles accumulated on the side stay
cannot be positively determined: Inspect within 500 flight cycles
after the effective date of this AD.
Note 1: For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirror, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate procedures may be required.''
Note 2: BAE Inspection Service Bulletin ISB.32-156 refers to
Messier-Dowty Service Bulletin 146-32-147, dated May 29, 2001, as an
additional source of service information for the inspection.
Optional Terminating Action
(g) Relocation of each affected grease nipple to the upper
surface of the outer link of the MLG side stays terminates the
repetitive inspection requirements of this AD, if the relocation
action is done in accordance with paragraph 2.C. of the
Accomplishment Instructions of BAE Systems (Operations) Limited
Inspection Service Bulletin ISB.32-156, Revision 1, dated July 3,
2001.
Note 3: BAE Service Bulletin ISB.32-156 refers to BAE Systems
Service Bulletin 32-162-70657CD, Messier-Dowty repair scheme
450187952, and Messier-Dowty Service Bulletin 146-32-144 as
additional sources of service information for accomplishment of the
actions associated with the relocation specified in paragraph (g) of
this AD.
Parts Installation
(h) As of the effective date of this AD, no person may install
on any airplane an MLG side stay having a part number listed in
paragraph 1.A. of Messier-Dowty Service Bulletin 146-32-147, dated
May 29, 2001, unless that part has been inspected and all applicable
related investigative and corrective actions have been performed in
accordance with the requirements of this AD.
Alternative Methods of Compliance (AMOCs)
(i) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
Related Information
(j) British airworthiness directive 004-05-2001 also addresses
the subject of this AD.
Issued in Renton, Washington, on November 17, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-26498 Filed 11-30-04; 8:45 am]
BILLING CODE 4910-13-P