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###### Department of Transportation

###### Federal Aviation Administration 

          - 14 CFR Part 39 
          - [Docket No. 2000-NM-113-AD; Amendment 39-11975; AD 2000-23-05] 
          - RIN 2120-AA64 

# AGENCY:

Federal Aviation Administration, DOT. 

# ACTION:

Final rule. 

# SUMMARY:

                        This amendment adopts a new airworthiness directive (AD), applicable to all British Aerospace Model BAC 1-11 401/AK and 410/AQ airplanes, that requires replacement of certain landing gear brake accumulators with improved accumulators. The actions specified by this AD are intended to prevent loss of hydraulic pressure and possible structural damage                               ( print page 68075)                            to the airplane due to failure of the accumulator. This action is intended to address the identified unsafe condition.                     

# DATES:

Effective December 19, 2000. 

The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of December 19, 2000. 

# ADDRESSES:

The service information referenced in this AD may be obtained from British Aerospace, Service Support, Airbus Limited, P.O. Box 77, Bristol BS99 7AR, England. This information may be examined at the Federal Aviation Administration (FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. 

# 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:

                    A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an airworthiness directive (AD) that is applicable to all British Aerospace Model BAC 1-11 401/AK and 410/AQ airplanes was published in the                     **Federal Register**                     on September 19, 2000 (65 FR 56506). That action proposed to require replacement of certain landing gear brake accumulators with improved accumulators.                 

## Comments 

Interested persons have been afforded an opportunity to participate in the making of this amendment. No comments were submitted in response to the proposal or the FAA's determination of the cost to the public. 

## Conclusion 

The FAA has determined that air safety and the public interest require the adoption of the rule as proposed. 

## Cost Impact 

The FAA estimates that 13 airplanes of U.S. registry will be affected by this AD, that it will take approximately 1 work hour per airplane to accomplish the required actions, and that the average labor rate is $60 per work hour. Required parts will cost approximately $9,940 per airplane. Based on these figures, the cost impact of the AD on U.S. operators is estimated to be $130,000, or $10,000 per airplane. 

The cost impact figure discussed above is based on assumptions that no operator has yet accomplished any of the 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 adopted herein will 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 final rule does not have federalism implications under Executive Order 13132. 

                    For the reasons discussed above, I certify that this action (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under 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. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Rules Docket at the location provided under the caption                     **ADDRESSES.**

# List of Subjects in 14 CFR Part 39

      - Air transportation
      - Aircraft
      - Aviation safety
      - Incorporation by reference
      - Safety

## Adoption of the Amendment 

Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends 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 

2. Section 39.13 is amended by adding the following new airworthiness directive: 

**2000-23-05 British Aerospace Airbus Limited:**                             (Formerly British Aerospace Commercial Aircraft Limited, British Aerospace Aircraft Group): Amendment 39-11975. Docket 2000-NM-113-AD.                         

*Applicability:*                             All Model BAC 1-11 401/AK and 410/AQ 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 prevent loss of hydraulic pressure and possible structural damage to the airplane due to failure of the landing gear brake accumulator, accomplish the following: 

## Replacement 

(a) Within 10 months after the effective date of this AD, replace any Parker landing gear brake accumulator having part number (P/N) 1356-653562 with an accumulator having P/N 1356-653562M2, in accordance with British Aerospace Service Bulletin 32-PM6054, dated February 2000. 

# Note 2:

The British Aerospace service bulletin references Parker Service Bulletin 1356-653562-32-100, dated September 23, 1999, as an additional source of service information for accomplishment of the replacement.

## Spares 

(b) As of the effective date of this AD, no Parker landing gear brake accumulator having P/N 1356-653562 shall be installed on any airplane. 

## 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 3:

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                                   ( print page 68076)                                21.197 and 21.199) to operate the airplane to a location where the requirements of this AD can be accomplished.                         

## Incorporation by Reference 

(e) The replacement shall be done in accordance with British Aerospace Service Bulletin 32-PM6054, dated February 2000. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from British Aerospace, Service Support, Airbus Limited, P.O. Box 77, Bristol BS99 7AR, England. Copies may be inspected at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. 

## Effective Date 

(f) This amendment becomes effective on December 19, 2000. 

Issued in Renton, Washington, on November 3, 2000. 

Donald L. Riggin, 

Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.

[FR Doc. 00-28829 Filed 11-13-00; 8:45 am] 

BILLING CODE 4910-13-P