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.

Proposed Rules Federal Register

69829

Vol. 69, No. 230

Wednesday, December 1, 2004

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). 

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. 

69830 Federal Register / Vol. 69, No. 230 / Wednesday, December 1, 2004 / Proposed Rules 

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 MessierDowty Limited Service Bulletin 146–

32–152, or the combination of MessierDowty 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

BAE Systems (Operations) Limited Inspection Service Bulletin ISB.32–

1536 refers to— As an additional source of service information for— 

Messier-Dowty Service Bulletin 146–32–144 ........................................... Adding a new label. 

Messier-Dowty Service Bulletin 146–32–147, dated May 29, 2001 ........ Inspecting the MLG side stays. 

Messier-Dowty Service Bulletin 146–32–152 and BAE Systems Service 

Bulletin 32–162–70657CD.

Repositioning the lubrication fitting and label on the outer link. 

Messier-Dowty Repair Scheme 450187952 ............................................. Installing a second lubrication fitting. 

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 § 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.

Federal Register / Vol. 69, No. 230 / Wednesday, December 1, 2004 / Proposed Rules 69831

ESTIMATED COSTS

Action Work 

hours 

Average 

hourly 

labor 

rate 

Parts Cost per airplane 

Number of 

U.S.-registered airplanes 

Fleet cost 

Inspection ............................... 1 $65 None ...... $65, per inspection cycle ....... 60 $3,900, 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.

§ 39.13 [Amended] 

2. The FAA amends § 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