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[Federal Register Volume 65, Number 210 (Monday, October 30, 2000)]
[Proposed Rules]
[Pages 64632-64634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27796]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-253-AD]
RIN 2120-AA64

Airworthiness Directives; British Aerospace Model BAe 146 and 
Model Avro 146-RJ Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to all British Aerospace Model BAe 
146 and Model Avro 146-RJ series airplanes. This proposal would require 
repetitive non-destructive testing (NDT) inspections to detect cracking 
at the fuselage end of the inner sidestays of the main landing gear 
(MLG) by the anti-rotation pin, and replacement of the sidestay with a 
new sidestay, if necessary. This action is necessary to detect and 
correct fatigue cracking of the inner sidestays of the MLG, which could 
result in failure of the MLG. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by November 29, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-

[[Page 64633]]

253-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056. Comments 
may be inspected at this location between 9:00 a.m. and 3:00 p.m., 
Monday through Friday, except Federal holidays. Comments may be 
submitted via fax to (425) 227-1232. Comments may also be sent via the 
Internet using the following address: [email protected]. 
Comments sent via fax or the Internet must contain ``Docket No. 2000-
NM-253-AD'' in the subject line and need not be submitted in 
triplicate. Comments sent via the Internet as attached electronic files 
must be formatted in Microsoft Word 97 for Windows or ASCII text.
    The service information referenced in the proposed rule may be 
obtained from British Aerospace Regional Aircraft American Support, 
13850 Mclearen Road, Herndon, Virginia 20171. This information may be 
examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, 
SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2110; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:  

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-253-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2000-NM-253-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom, notified the FAA that an unsafe 
condition may exist on all British Aerospace Model BAe 146 and Model 
Avro 146-RJ series airplanes. The CAA advises that, during increased 
load fatigue testing, a crack has been found at the fuselage end on the 
inner sidestays of the main landing gear (MLG) by the anti-rotation 
pin. Such fatigue cracking, if not detected and corrected, could result 
in failure of the MLG.

Explanation of Relevant Service Information

    The manufacturer has issued British Aerospace Service Bulletin 
SB.32-157, dated June 2, 2000. The British Aerospace service bulletin 
references Messier-Dowty Service Bulletin 146-32-148, including 
Appendix A, dated April 17, 2000, as the appropriate source of service 
information for accomplishment of repetitive non-destructive testing 
(NDT) inspections to detect cracking at the fuselage end of the inner 
sidestays of the MLG by the anti-rotation pin. The British Aerospace 
service bulletin recommends that cracked sidestays be replaced with new 
sidestays prior to further flight. Accomplishment of the actions 
specified in the Messier-Dowty service bulletin is intended to 
adequately address the identified unsafe condition.
    The CAA classified the British Aerospace service bulletin as 
mandatory and issued British airworthiness directive 001-06-2000 in 
order to assure the continued airworthiness of these airplanes in the 
United Kingdom.

FAA's Conclusions

    These airplane models are manufactured in the United Kingdom and 
are type certificated for operation in the United States under the 
provisions of section 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. The FAA has examined the 
findings of the CAA, reviewed all available information, and determined 
that AD action is necessary for products of this type design that are 
certificated for operation in the United States.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, the proposed AD would require accomplishment of 
the inspections specified in the Messier-Dowty service bulletin 
described previously. The proposed AD also would require replacement of 
any cracked sidestay with a new sidestay.

Cost Impact

    The FAA estimates that 60 Model BAe 146-100A, -200A, and -300A 
series airplanes, and Model Avro 146RJ70A, 146RJ85A, and 146-RJ100A 
series airplanes, of U.S. registry would be affected by this proposed 
AD. It would take approximately 1 work hour per airplane to accomplish 
the proposed inspection, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of the proposed AD on U.S. 
operators is estimated to be $3,600, or $60 per airplane, per 
inspection cycle.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this AD were not adopted. The cost impact figures 
discussed in AD rulemaking actions represent only the time necessary to 
perform the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations proposed herein would not have a substantial direct 
effect on the States, on the relationship

[[Page 64634]]

between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government. 
Therefore, it is determined that this proposal would not have 
federalism implications under Executive Order 13132.
    For the reasons discussed above, I certify that this 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) if promulgated, 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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new 
airworthiness directive:

British Aerospace Regional Aircraft (Formerly British Aerospace 
Regional Aircraft Limited, Avro International Aerospace Division; 
British Aerospace, PLC; British Aerospace Commercial Aircraft 
Limited): Docket 2000-NM-253-AD.

    Applicability: All Model BAe 146-100A, -200A, and -300A series 
airplanes, and all Model Avro 146-RJ70A, 146-RJ85A, and 146-RJ100A 
series airplanes, certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct fatigue cracking of the inner sidestays of 
the main landing gear (MLG), which could result in failure of the 
MLG, accomplish the following:

Inspection

    (a) Prior to the accumulation of 8,000 total flight cycles on 
the MLG sidestays, or within 500 flight cycles after the effective 
date of this AD, whichever occurs later: Perform a non-destructive 
testing (NDT) inspection to detect cracking at the fuselage end of 
the inner sidestays of the MLG by the anti-rotation pin, in 
accordance with Messier-Dowty Service Bulletin 146-32-148, including 
Appendix A, dated April 17, 2000. Repeat the inspection thereafter 
at intervals not to exceed 4,000 flight cycles.

Replacement

    (b) If any cracking is found during any inspection required by 
paragraph (a) of this AD, prior to further flight, replace the 
sidestay with a new sidestay in accordance with British Aerospace 
Service Bulletin SB.32-157, dated June 2, 2000.

Alternative Methods of Compliance

    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, International Branch, ANM-116, FAA, 
Transport Airplane Directorate. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (d) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

    Note 3: The subject of this AD is addressed in British 
airworthiness directive 001-06-2000.

    Issued in Renton, Washington, on October 24, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-27796 Filed 10-27-00; 8:45 am]
BILLING CODE 4910-13-P
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