64638 Federal Register / Vol. 65, No. 210 / Monday, October 30, 2000 / Proposed Rules

Compliance: Required as indicated, unless

accomplished previously.

To prevent water from collecting and

freezing in the structure boxes at frame 25,

which could result in jamming of the flight

controls and consequent reduced

controllability of the airplane, accomplish

the following:

Screen Replacement

(a) Within 6 months after the effective date

of this AD: Remove the existing protective

screens that are riveted to the center beam

and are also bonded to the frame and to the

bottom of the underfloor structure boxes at

frame 25, and install new wider-mesh

screens that are riveted to the center beam

and bonded to the frame only. Accomplish

the actions in accordance with Dassault

Falcon 900 Service Bulletin 0232, dated

March 1999, or Dassault Falcon 900EX

Service Bulletin 0093, dated March 1999, as

applicable.

Alternative Methods of Compliance

(b) 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

(c) 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 French airworthiness directive 1999–446–

028(B), dated November 3, 1999.

Issued in Renton, Washington, on October

24, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–27792 Filed 10–27–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NM–190–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).

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 revising

the Airworthiness Limitations Section

of the Instructions for Continued

Airworthiness to incorporate life limits

for certain items and inspections to

detect fatigue cracking in certain

structures. This proposal is prompted by

issuance of a revision to the

airworthiness limitations of the BAe/

Avro 146 Aircraft Maintenance Manual,

which specifies new inspections and

compliance times for inspection and

replacement actions. The actions

specified by the proposed AD are

intended to ensure that fatigue cracking

of certain structural elements is detected

and corrected; such fatigue cracking

could adversely affect the structural

integrity of these airplanes.

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. 99–NM–

190–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: 9-

anm-nprmcomment@faa.gov. Comments

sent via fax or the Internet must contain

‘‘Docket No. 99–NM–190–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 99–NM–190–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,

Federal Register / Vol. 65, No. 210 / Monday, October 30, 2000 / Proposed Rules 64639

ANM–114, Attention: Rules Docket No.

99–NM–190–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 a revision to Section 05–10–01 has

been issued for Chapter 5 of the BAe/

Avro 146 Aircraft Maintenance Manual

(AMM). That section also references

additional sections of the AMM. [The

FAA refers to the information included

in the revised section of the AMM as the

Airworthiness Limitations Section

(ALS).] The revised section affects all

British Aerospace Model BAe 146 and

Model Avro 146–RJ series airplanes. In

addition, that section provides

mandatory replacement times and

structural inspection intervals approved

under section 25.571 of the Joint

Aviation Requirements and the Federal

Aviation Regulations (14 CFR 25.571).

As airplanes gain service experience, or

as results of post-certification testing

and evaluation are obtained, it may

become necessary to add additional life

limits or structural inspections to ensure

the continued structural integrity of the

airplane.

The CAA advises that analysis of

fatigue test data has revealed that

certain inspections must be performed

at specific intervals to preclude fatigue

cracking in certain areas of the airplane.

In addition, the CAA advises that

certain life limits must be imposed for

various components on these airplanes

to preclude the onset of fatigue cracking

in those components. Such fatigue

cracking, if not corrected, could

adversely affect the structural integrity

of these airplanes.

Explanation of Relevant Service

Information

British Aerospace has issued Section

05–10–01, Revision 65, dated August 3,

1999, which is a revision to Chapter 5

of the BAe/Avro 146 Aircraft

Maintenance Manual (AMM). That

section references additional sections,

which include the following:

1. Life limit times for certain

structural components, or other

components or equipment.

2. Structural inspection times to

detect fatigue cracking of certain

Significant Structural Items (SSI’s).

The revision to Section 05–10–01 of

the AMM describes new inspections

and compliance times for inspection

and replacement actions.

Accomplishment of those actions will

preclude the onset of fatigue cracking of

certain structural elements of the

airplane.

The CAA has approved Section 05–

10–01, Revision 65, of the AMM to

assure the continued airworthiness of

these airplanes in the United Kingdom.

The CAA has not issued a

corresponding airworthiness directive,

although accomplishment of the

additional life limits and structural

inspections contained in the AMM

revision may be considered mandatory

for operators of these airplanes in the

United Kingdom.

FAA’s Conclusions

The FAA has reviewed Section 05–

10–01, Revision 65, of the AMM and all

available information, and determined

that AD action is necessary for products

of these type designs that are

certificated for operation in the United

States. Pursuant to this bilateral

airworthiness agreement, the CAA has

kept the FAA informed of the situation

described above. 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

21.19) and the applicable bilateral

airworthiness agreement. The FAA has

determined that Section 05–10–01,

Revision 65, of the AMM must be

incorporated into the ALS of the

Instructions for Continued

Airworthiness.

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

a revision to the ALS of the Instructions

for Continued Airworthiness to

incorporate inspections to detect fatigue

cracking of certain SSI’s and to revise

life limits for certain equipment and

various components that are specified in

the previously referenced maintenance

document.

Explanation of Action Taken by the

FAA

In accordance with airworthiness

standards requiring ‘‘damage tolerance

assessments’’ for transport category

airplanes [section 25.1529 of the Federal

Aviation Regulations (14 CFR 25.1529),

and the Appendices referenced in that

section], all products certificated to

comply with that section must have

Instructions for Continued

Airworthiness (or, for some products,

maintenance manuals) that include an

ALS. That section must set forth:

• Mandatory replacement times for

structural components,

• Structural inspection intervals, and

• Related approved structural

inspection procedures necessary to

show compliance with the damagetolerance requirements.

Compliance with the terms specified

in the ALS is required by sections 43.16

(for persons maintaining products) and

91.403 (for operators) of the Federal

Aviation Regulations (14 CFR 43.16 and

91.403).

In order to require compliance with

these inspection intervals and life

limits, the FAA must engage in

rulemaking, namely the issuance of an

AD. For products certificated to comply

with the referenced part 25

requirements, it is within the authority

of the FAA to issue an AD requiring a

revision to the ALS that includes

reduced life limits, or new or different

structural inspection requirements.

These revisions then are mandatory for

operators under section 91.403(c) of the

Federal Aviation Regulations (14 CFR

91.403), which prohibits operation of an

airplane for which airworthiness

limitations have been issued unless the

inspection intervals specified in those

limitations have been complied with.

After that document is revised, as

required, and the AD has been fully

complied with, the life limit or

structural inspection change remains

enforceable as a part of the

airworthiness limitations. (This is

analogous to AD’s that require changes

to the Limitations Section of the

Airplane Flight Manual.)

Requiring a revision of the

airworthiness limitations, rather than

requiring individual inspections, is

advantageous for operators because it

allows them to record AD compliance

status only once—at the time they make

the revision—rather than after every

inspection. It also has the advantage of

keeping all airworthiness limitations,

whether imposed by original

certification or by AD, in one place

within the operator’s maintenance

program, thereby reducing the risk of

non-compliance because of oversight or

confusion.

Cost Impact

The FAA estimates that 45 airplanes

of U.S. registry would be affected by this

proposed AD, that it would take

approximately 1 work hour per airplane

to accomplish the proposed actions, and

that the average labor rate is $60 per

work hour. Based on these figures, the

cost impact of the proposed AD on U.S.

operators is estimated to be $2,700, or

$60 per airplane.

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

64640 Federal Register / Vol. 65, No. 210 / Monday, October 30, 2000 / Proposed Rules

the proposed requirements of this AD

action, and that no operator would

accomplish those actions in the future if

this AD were not adopted.

Regulatory Impact

The regulations proposed herein

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. 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.

§ 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 99–NM–190–

AD.

Applicability: All Model BAe 146 and

Model Avro 146–RJ 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 ensure continued structural integrity of

these airplanes, accomplish the following:

Airworthiness Limitations Revision

(a) Within 30 days after the effective date

of this AD, revise the Airworthiness

Limitations Section (ALS) of the Instructions

for Continued Airworthiness by

incorporating Section 05–10–01, Revision 65,

dated August 3, 1999, of Chapter 5 of the

BAe/Avro 146 Aircraft Maintenance Manual

(AMM), into the ALS. This section references

other sections of the AMM. The applicable

revision level of the referenced sections is

that in effect on the effective date of this AD.

(b) Except as specified in paragraph (c) of

this AD: After the actions specified in

paragraph (a) of this AD have been

accomplished, no alternative inspections or

inspection intervals may be approved for the

structural elements specified in the

document listed in paragraph (a) of this AD.

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.

Issued in Renton, Washington, on October

24, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–27790 Filed 10–27–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–CE–24–AD]

RIN 2120–AA64

Airworthiness Directives; Cessna

Aircraft Company Model 172RG

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes to

adopt a new airworthiness directive

(AD) that would apply to certain Cessna

Aircraft Company (Cessna) Model 172

airplanes. The proposed AD would

require you to inspect the main landing

gear pivot assemblies for cracks, replace

any cracked main landing gear pivot

assemblies, and install new bushings on

the pivot assembly shaft. Many service

difficulty reports of cracked main

landing gear pivot assemblies on the

affected airplanes prompted the

proposed action. The actions specified

by the proposed AD are intended to

detect, correct, and prevent future

cracks on the original design landing

gear pivots. Cracked main landing gear

pivots could fail resulting in gear-up

landings or loss of braking.

DATES: The Federal Aviation

Administration (FAA) must receive any

comments on this proposed rule by

December 7, 2000.

ADDRESSES: Send comments in triplicate

to the Federal Aviation Administration

(FAA), Central Region, Office of the

Regional Counsel, Attention: Rules

Docket No. 2000–CE–24–AD, 901

Locust, Room 506, Kansas City,

Missouri 64106. You may read

comments at this location between 8

a.m. and 4 p.m., Monday through

Friday, except holidays.

You may get the service information

referenced in this proposed AD from the

Cessna Aircraft Company, Product

Support, P.O. Box 7706, Wichita,

Kansas 67277; telephone: (316) 517–

5800; facsimile: (316) 942–9006. You

may examine this information at the

Rules Docket at the above address.

FOR FURTHER INFORMATION CONTACT:

Steven Litke, Aerospace Engineer,

Wichita Aircraft Certification Office,

FAA, 1801 Airport Road, Mid-Continent

Airport, Wichita, Kansas 67209;

telephone: (316) 946–4127; facsimile:

(316) 946–4407.

SUPPLEMENTARY INFORMATION: