[Federal Register: November 16, 2006 (Volume 71, Number 221)]
[Rules and Regulations]
[Page 66666-66668]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no06-7]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25437; Directorate Identifier 2006-NM-136-AD;
Amendment 39-14828; AD 2006-23-16]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited Model
BAe 146 and Avro 146-RJ Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ
airplanes. This AD requires modifying the nose landing gear. This AD
results from reports of loss of the nose wheel assembly. We are issuing
this AD to prevent the nose wheel nut from loosening, and consequently,
the nose wheel assembly detaching from the airplane; and to prevent the
nose wheel clamping loads from applying to the machined radius at the
root of the stub axle, which could result in damage to the nose landing
gear.
DATES: This AD becomes effective December 21, 2006.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of December 21,
2006.
ADDRESSES: You may examine the 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., Nassif Building,
Room PL-401, Washington, DC.
Contact British Aerospace Regional Aircraft American Support, 13850
Mclearen Road, Herndon, Virginia 20171, for service information
identified in this AD.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to all BAE Systems
(Operations) Limited Model BAe 146 and Avro 146-RJ airplanes. That NPRM
was published in the Federal Register on July 25, 2006 (71 FR 42065).
That NPRM proposed to require modifying the nose landing gear.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comment received.
Request To Publish Service Information
The Modification and Replacement Parts Association (MARPA) states
that, typically, ADs are based on service information originating with
the type certificate holder or its suppliers. MARPA adds that
manufacturer service documents are privately authored instruments
generally having copyright protection against duplication and
distribution. MARPA notes that when a service document is incorporated
by reference into a public document, such as an AD, it loses its
private, protected status and becomes a public document. MARPA adds
that if a service document is used as a mandatory element of
compliance, it should not simply be referenced, but should be
incorporated into the regulatory document; by definition, public laws
must be public, which means they cannot rely upon private writings.
MARPA adds that incorporated by reference service documents should be
made available to the public by publication in the Docket Management
System (DMS), keyed to the action that incorporates them. MARPA notes
that the stated purpose of the incorporation by reference method is
brevity, to keep from expanding the Federal Register needlessly by
publishing documents already in the hands of the affected individuals;
traditionally, ``affected individuals'' means aircraft owners and
operators, who are generally provided service information by the
manufacturer. MARPA adds that a new class of affected individuals has
emerged, since the majority of aircraft maintenance is now performed by
specialty shops instead of aircraft owners and operators. MARPA notes
that this new class includes maintenance and repair organizations,
component servicing and repair shops, parts purveyors and distributors,
and organizations manufacturing or servicing alternatively certified
parts under section 21.303 of the Federal Aviation Regulations (14 CFR
21.303). MARPA adds that the concept of brevity is now nearly archaic
as documents exist more frequently in electronic format than on paper.
Therefore, MARPA asks that the service documents deemed essential to
the accomplishment of the NPRM be incorporated by reference into the
regulatory instrument and published in the DMS.
We do not agree that documents should be incorporated by reference
during the NPRM phase of rulemaking. The Office of the Federal Register
(OFR) requires that documents that are necessary to accomplish the
requirements of the AD be incorporated by reference during the final
rule phase of rulemaking. This final rule incorporates by reference the
document necessary for the accomplishment of the requirements mandated
by this AD. Further, we point out that while documents that are
incorporated by reference do become public information, they do not
lose their copyright protection. For that reason, we advise the public
to contact the manufacturer to obtain copies of the referenced service
information.
In regard to the commenter's request that service documents be made
available to the public by publication in the Federal Register, we
agree that incorporation by reference was authorized to reduce the
volume of material published in the Federal Register and the Code of
Federal Regulations. However, as specified in the Federal Register
Document Drafting Handbook, the Director of the OFR decides when an
agency may incorporate material by reference. As the commenter is
aware, the OFR files documents for public inspection on the workday
before the date of publication of the rule at its office in Washington,
DC. As stated in the Federal Register Document Drafting Handbook, when
documents are filed for public inspection, anyone may inspect or copy
file documents during the OFR's hours of business. Further questions
regarding publication of documents in the Federal Register or
incorporation by reference should be directed to the OFR.
In regard to the commenter's request to post service bulletins on
the Department of Transportation's DMS, we are currently in the process
of reviewing issues surrounding the posting of service bulletins on the
DMS as part of an AD docket. Once we have
[[Page 66667]]
thoroughly examined all aspects of this issue and have made a final
determination, we will consider whether our current practice needs to
be revised. No change to the final rule is necessary in response to
this comment.
Conclusion
We have carefully reviewed the available data, including the
comment received, and determined that air safety and the public
interest require adopting the AD as proposed.
Costs of Compliance
This AD affects about 53 airplanes of U.S. registry. The required
actions take about 2 work hours per airplane, at an average labor rate
of $80 per work hour. The manufacturer states that it will supply
required parts to the operators at no cost. Based on these figures, the
estimated cost of the AD for U.S. operators is $8,480, or $160 per
airplane.
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 have 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 that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under 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. 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, 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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2006-23-16 BAE Systems (Operations) Limited (Formerly British
Aerospace Regional Aircraft): Amendment 39-14828. Docket No. FAA-
2006-25437; Directorate Identifier 2006-NM-136-AD.
Effective Date
(a) This AD becomes effective December 21, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all BAE Systems (Operations) Limited
Model BAe 146-100A, -200A, and -300A series airplanes; and Model
Avro 146-RJ70A, 146-RJ85A, and 146-RJ100A airplanes; certificated in
any category.
Unsafe Condition
(d) This AD results from reports of loss of the nose wheel
assembly. We are issuing this AD to prevent the nose wheel nut from
loosening, and consequently, the nose wheel assembly detaching from
the airplane; and to prevent the nose wheel clamping loads from
applying to the machined radius at the root of the stub axle, which
could result in damage to the nose 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.
Modification
(f) Within 12 months after the effective date of this AD, modify
the nose landing gear in accordance with the Accomplishment
Instructions of BAE Systems (Operations) Limited Modification
Service Bulletin 32-174-70676A, dated February 21, 2006.
Note 1: BAE Systems (Operations) Limited Modification Service
Bulletin 32-174-70676A refers to Messier-Dowty Service Bulletin 146-
32-161, dated March 2, 2005, as an additional source of service
information for accomplishing the modification.
Note 2: BAE Systems (Operations) Limited Modification Service
Bulletin 32-174-70676A refers to the abutment ring as a spacer. BAE
Systems (Operations) Limited BAe 146/Avro 146-RJ Airplane
Maintenance Manual (AMM) 32-42-17 401 identifies this part as an
abutment ring (item 4). Item 3 of the AMM is identified as a spacer,
but this is not the part described in the modification service
bulletin.
No Reporting
(g) Although the service bulletin referenced in this AD
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
Alternative Methods of Compliance (AMOCs)
(h)(1) 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.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Related Information
(i) European Aviation Safety Agency (EASA) airworthiness
directive 2006-0137, dated May 23, 2006, also addresses the subject
of this AD.
Material Incorporated by Reference
(j) You must use BAE Systems (Operations) Limited Modification
Service Bulletin 32-174-70676A, dated February 21, 2006, to perform
the actions that are required by this AD, unless the AD specifies
otherwise. The Director of the Federal Register approved the
incorporation by reference of this document in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Contact British Aerospace Regional
Aircraft American Support, 13850 Mclearen Road, Herndon, Virginia
20171, for a copy of this service information. You may review copies
at the Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Room PL-401, Nassif
Building, Washington, DC; on the Internet at http://dms.dot.gov; or
at the National Archives and Records Administration (NARA). For
information on the availability of this material at the NARA, call
(202) 741-6030, or go to http://www.archives.gov/ federal--register/
code-- of--federal-- regulations/ibr-- locations.html.
[[Page 66668]]
Issued in Renton, Washington, on November 7, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-19148 Filed 11-15-06; 8:45 am]
BILLING CODE 4910-13-P