[Federal Register Volume 69, Number 230 (Wednesday, December 1, 2004)]
[Proposed Rules]
[Pages 69829-69831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26498]


========================================================================
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.

========================================================================


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

[[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).

-----------------------------------------------------------------------

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.
    <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> 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.
    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, <a href="/cdn-cgi/l/email-protection#6904081b0a0008471e08051d0c1b1a290f0808470e061f"><span class="__cf_email__" data-cfemail="14797566777d753a63757860716667547275753a737b62">[email protected]</span></a>.

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
------------------------------------------------------------------------
    BAE Systems (Operations) Limited
Inspection Service Bulletin ISB.32-1536     As an additional source of
              refers to--                   service information for--
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
                                          Average                                    Number of
                                 Work     hourly                      Cost per         U.S.-
            Action               hours     labor       Parts          airplane       registered     Fleet cost
                                           rate                                      airplanes
----------------------------------------------------------------------------------------------------------------
Inspection...................         1       $65  None.........  $65, per                   60  $3,900, per
                                                                   inspection                     inspection
                                                                   cycle.                         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 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


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