[Federal Register Volume 69, Number 226 (Wednesday, November 24, 2004)]
[Proposed Rules]
[Pages 68265-68267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26032]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19681; Directorate Identifier 2003-NM-184-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all BAE Systems (Operations) Limited Model BAe 146 series 
airplanes. This proposed AD would require repetitive detailed 
inspections for cracking of the elevator ``G'' weight support 
structure, and repairs if necessary. This proposed AD also provides for 
an optional terminating action. This proposed AD is prompted by 
reported cracking of the elevator ``G'' weight support structure. We 
are proposing this AD to prevent failure of the elevator ``G'' weight 
support structure with possible consequent jamming of the right-hand 
elevator servo tab and reduced controllability of the airplane.

DATES: We must receive comments on this proposed AD by December 27, 
2004.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
    <bullet> By fax: (202) 493-2251.
    <bullet> 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.
    You can get the service information identified in this proposed AD 
from British Aerospace Regional Aircraft American Support, 13850 
Mclearen Road, Herndon, Virginia 20171.
    You may examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or 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: 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:

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

[[Page 68266]]

lists the directorate identifier (``Old Docket Number'') as a cross-
reference for searching purposes.

Comments Invited

    We invite you to submit any written relevant data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2004-19681; 
Directorate Identifier 2003-NM-184-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 submitted 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 may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may 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 may examine the AD docket 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.

Discussion

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom, notified us that an unsafe condition 
may exist on certain BAE Systems (Operations) Limited Model BAe 146 
series airplanes. The CAA advises that operators have reported cracking 
of the elevator ``G'' weight support structure. This cracking could 
result from increased loading following nose wheel shimmy, overweight, 
hard or high drag/side load landing, flight in severe turbulence, or 
pitch oscillation. Cracking of the elevator ``G'' weight support 
structure, if not corrected, could result in failure of the elevator 
``G'' weight support structure with possible consequent jamming of the 
right-hand elevator servo tab and reduced controllability of the 
airplane.

Relevant Service Information

    BAE Systems (Operations) Limited has issued Inspection Service 
Bulletin ISB.27-037, Revision 3, dated April 17, 2003. The ISB 
describes procedures for repetitive detailed inspections of the 
elevator ``G'' weight support structure for cracking, and applicable 
repairs. The CAA mandated the service information and issued British 
airworthiness directive 006-04-2003 to ensure the continued 
airworthiness of these airplanes in the United Kingdom.
    BAE Systems (Operations) Limited has also issued Modification 
Service Bulletin SB.27-037-00654A, Revision 2, dated May 8, 2003, which 
eliminates the need for the inspections described in ISB.27-037, 
Revision 3. The terminating action introduces a new elevator ``G'' 
weight support structure with machined castings, which replaces the 
existing elevator ``G'' weight support structure with light alloy 
pressings.

FAA's Determination and Requirements of the Proposed AD

    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 (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. We have examined the CAA's 
findings, evaluated all pertinent information, and determined that AD 
action is necessary for products of this type design that are 
certificated for operation in the United States.
    Therefore, we are proposing this AD, which would require repetitive 
detailed inspections of the elevator ``G'' weight support structure for 
cracking, and applicable repairs. The proposed AD would require you to 
use the service information described previously to perform these 
actions, except as discussed under ``Differences Between Proposed AD 
and Referenced Service Bulletins.''
    This proposed AD also would provide for an optional terminating 
action for the repetitive inspections.
    Consistent with the findings of the CAA, the proposed AD would 
allow repetitive inspections to continue in lieu of the terminating 
action. In making this determination, we considered that long-term 
continued operational safety in this case will be adequately ensured by 
repetitive inspections to detect cracking before it represents a hazard 
to the airplane.

Differences Between Proposed AD and British Airworthiness Directive

    British airworthiness directive 006-04-2003 applies to ``Model BAe 
146 pre Modification HCM00654A.'' However, we have determined that a 
more detailed action is required to ensure that the unsafe condition 
has been corrected on all Model BAe 146 airplanes. Therefore, this 
proposed AD applies to all Model BAe 146 series airplanes and specifies 
a one-time general visual inspection to determine whether Modification 
HCM00654A has been done. We have coordinated this difference with the 
CAA.

Differences Between Proposed AD and Referenced Service Bulletins

    Although the referenced service bulletins describe procedures for 
reporting inspection results to the manufacturer, this proposed AD 
would not require that action. We do not need this information from 
operators.
    Unlike the procedures described in Service Bulletin ISB.27-037, 
Revision 3, this proposed AD would not permit further flight if cracks 
are detected in the elevator ``G'' weight support structure. We have 
determined that, because of the safety implications and consequences 
associated with such cracking, any cracked elevator ``G'' weight 
support structure must be repaired or modified before further flight.
    The service bulletins specify that you may contact the manufacturer 
for instructions on how to repair certain conditions, but this proposed 
AD would require you to repair those conditions using a method that we 
or the CAA (or its delegated agent) approves. 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 CAA or 
us would be acceptable for compliance with this proposed AD.

[[Page 68267]]

Costs of Compliance

    This proposed AD would affect about 19 airplanes of U.S. registry. 
The proposed actions would take about 1 work hour per airplane, at an 
average labor rate of $65 per work hour. Based on these figures, the 
estimated cost of the proposed AD for U.S. operators is $1,235, or $65 
per airplane per inspection cycle.

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 adding the following new 
airworthiness directive (AD):

BAE Systems (Operations) Limited (Formerly British Aerospace 
Regional Aircraft): Docket No. FAA-2004-19681; Directorate 
Identifier 2003-NM-184-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by December 27, 2004.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all BAE Systems (Operations) Limited 
Model BAe 146 series airplanes, certificated in any category.

Unsafe Condition

    (d) This AD was prompted by reported cracking of the elevator 
``G'' weight support structure. We are issuing this AD to prevent 
failure of the elevator ``G'' weight support structure with possible 
consequent jamming of the right-hand elevator servo tab and reduced 
controllability of the airplane.

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.

Verification of Applicability

    (f) Before the accumulation of 14,000 total landings, or within 
4,000 landings after the effective date of this AD, whichever is 
later: Perform a one-time general visual inspection of the elevator 
``G'' weight support structure to determine whether BAE Systems 
(Operations) Limited Modification HCM00654A as described in BAE 
Systems (Operations) Limited Modification Service Bulletin SB.27-
037-00654A, Revision 2, dated May 8, 2003, has been incorporated on 
the airplane. If it can be conclusively determined that HCM00654A 
has been incorporated, no further action is required by this AD.

    Note 1: For the purposes of this AD, a general visual inspection 
is ``a visual examination of an interior or exterior area, 
installation, or assembly to detect obvious damage, failure, or 
irregularity. This level of inspection is made from within touching 
distance unless otherwise specified. A mirror may be necessary to 
enhance visual access to all exposed surfaces in the inspection 
area. This level of inspection is made under normally available 
lighting conditions such as daylight, hangar lighting, flashlight, 
or droplight and may require removal or opening of access panels or 
doors. Stands, ladders, or platforms may be required to gain 
proximity to the area being checked.''

Inspection

    (g) For airplanes on which BAE Systems (Operations) Limited 
Modification HCM00654A has not been done and airplanes on which it 
cannot be conclusively determined that this modification has been 
done: Before the accumulation of 14,000 total landings, or within 
4,000 landings after the effective date of this AD, whichever is 
later, except as provided by paragraph (h) of this AD, perform a 
detailed inspection for cracking of the elevator ``G'' weight 
support structure, in accordance with the Accomplishment 
Instructions of BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.27-037, Revision 3, dated April 17, 2003.
    (1) If no crack is found and the structure has not been repaired 
previously, repeat the inspection at intervals not to exceed 4,000 
landings.
    (2) If no crack is found but the structure has been repaired 
previously, repeat the inspection at applicable intervals specified 
in appendix 1 of the service bulletin.

    Note 2: For the purposes of this AD, a detailed inspection is 
``an intensive visual examination of a specific structural area, 
system, installation, or assembly to detect damage, failure, or 
irregularity. Available lighting is normally supplemented with a 
direct source of good lighting at intensity deemed appropriate by 
the inspector. Inspection aids such as mirror, magnifying lenses, 
etc., may be used. Surface cleaning and elaborate access procedures 
may be required.''

Post-Incident Inspection

    (h) If, before or after any inspection required by this AD, the 
airplane experiences any incident of nose wheel shimmy, overweight, 
hard or high drag/side load landing, flight in severe turbulence, or 
pitch oscillation; before further flight, repeat the inspection 
required by paragraph (g) of this AD. If no crack is found, repeat 
the inspection required by paragraph (g)(1) or (g)(2) of this AD, as 
applicable.

Corrective Actions

    (i) If any crack is found during any inspection required by 
paragraph (g) or (h) of this AD, before further flight, replace the 
elevator ``G'' weight support structure in accordance with paragraph 
(j) of this AD, or repair the structure in accordance with a method 
approved by the Manager, International Branch, ANM-116, FAA, 
Transport Airplane Directorate, or the Civil Aviation Authority 
(CAA) (or its delegated representative).

Optional Terminating Action

    (j) Replacement of the existing elevator ``G'' weight support 
structure with a new, improved elevator ``G'' weight support 
structure in accordance with BAE Systems (Operations) Limited 
Modification Service Bulletin SB.27-037-00654A, Revision 2, dated 
May 8, 2003, terminates the repetitive inspections required by 
paragraph (g) of this AD.

No Reporting Requirement

    (k) Although the service bulletins referenced in this AD specify 
to submit certain information to the manufacturer, this AD does not 
include that requirement.

Alternative Methods of Compliance

    (l) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, is authorized to approve alternative methods of 
compliance for this AD.

Related Information

    (m) British airworthiness directive 006-04-2003 also addresses 
the subject of this AD.

    Issued in Renton, Washington, on November 10, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-26032 Filed 11-23-04; 8:45 am]
BILLING CODE 4910-13-P