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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 39
          - [Docket No. FAA-2005-22453; Directorate Identifier 2002-NM-139-AD; Amendment 39-14278; AD 2005-19-13]
          - RIN 2120-AA64

# AGENCY:

Federal Aviation Administration (FAA), Department of Transportation (DOT).

# ACTION:

Final rule; request for comments.

# SUMMARY:

The FAA is adopting a new airworthiness directive (AD) for all British Aerospace Model HS 748 airplanes. This AD requires modifying the undercarriage of the nose landing gear (NLG). This AD results from a report that pintle pins could be installed in an incorrect manner during maintenance without maintenance personnel being aware (or having feedback) that the pin was installed incorrectly. We are issuing this AD to prevent jamming or collapse of the NLG, which could result in damage to the airplane structure or injury to passengers or crew.

# DATES:

Effective October 6, 2005.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of October 6, 2005.

We must receive comments on this AD by November 21, 2005.

# ADDRESSES:

Use one of the following addresses to submit comments on this 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.

Contact British Aerospace Regional Aircraft American Support, 13850 Mclearen Road, Herndon, Virginia 20171, for service information identified in this AD.

# FOR FURTHER INFORMATION CONTACT:

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.

# SUPPLEMENTARY INFORMATION:

## Discussion

The Civil Aviation Authority (CAA), which is the airworthiness authority for the United Kingdom, notified us that an unsafe condition may exist on all British Aerospace Model HS 748 Airplanes. The CAA advises that failure to follow the airplane's maintenance manual instructions for installing the nose landing gear (NLG) could result in incorrect assembly of the NLG. Incorrect assembly may result in the pintle pin being unlocked, so that it is free to migrate from its support housing. It is possible to install the pintle pin in an incorrect configuration without any knowledge or suspicion that the pin was installed incorrectly. Incorrect assembly of the pin, if not corrected, could result in jamming or collapse of the NLG, which could result in damage to the airplane structure or injury to passengers or crew.

## Relevant Service Information

                    British Aerospace has issued BAE Systems (Operations) Limited Service Bulletin HS748-32-104, dated April 9, 2002. The service bulletin describes                           ( print page 55235)                        procedures for modifying the NLG undercarriage. Modifying the NLG undercarriage involves installing an additional baulking device by installing a location pin, lanyard, and a NLG that has had the actions of Dowty Service Bulletin 32-108E done on it. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. The CAA issued British airworthiness directive 003-04-2002, to ensure the continued airworthiness of these airplanes in the United Kingdom.                

## FAA's Determination and Requirements of This AD

This airplane model is manufactured in the United Kingdom and is 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. We have examined the CAA's findings, evaluated all pertinent information, and determined that we need to issue an AD for products of this type design that are certificated for operation in the United States.

Therefore, we are issuing this AD to prevent jamming or collapse of the NLG, which could result in damage to the airplane structure or injury to passengers or crew. This AD requires accomplishing the actions specified in the service information described previously.

## Costs of Compliance

None of the airplanes affected by this action are on the U.S. Register. All airplanes affected by this AD are currently operated by non-U.S. operators under foreign registry; therefore, they are not directly affected by this AD action. However, we consider this AD necessary to ensure that the unsafe condition is addressed if any affected airplane is imported and placed on the U.S. Register in the future.

If an affected airplane is imported and placed on the U.S. Register in the future, the required actions would take about 20 work hours per airplane, at an average labor rate of $65 per work hour. Based on these figures, the estimated cost of the AD would be $1,300 per airplane.

## FAA's Determination of the Effective Date

                    No airplane affected by this AD is currently on the U.S. Register. Therefore, providing notice and opportunity for public comment is unnecessary before this AD is issued, and this AD may be made effective in less than 30 days after it is published in the                     **Federal Register**                    .                

## Comments Invited

                    This AD is a final rule that involves requirements that affect flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any relevant written data, views, or arguments regarding this AD. Send your comments to the address listed under the                     **ADDRESSES**                     section. Include “Docket No. FAA-2005-22453; Directorate Identifier 2002-NM-139-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD that might suggest a need to modify it.                

                    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 AD. Using the search function of that 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 may review the DOT's complete Privacy Act Statement in the                     **Federal Register**                     published on April 11, 2000 (65 FR 19477-78), or you may visit                     *http://dms.dot.gov.*

## Examining the Docket

                    You may 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 Docket Management System receives them.                

## Authority for This Rulemaking

Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority.

We are issuing this rulemaking under the authority described in subtitle VII, part A, subpart III, section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

## Regulatory Findings

We have determined that this AD will not have federalism implications under Executive Order 13132. This AD 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.

For the reasons discussed above, I certify that the 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 AD and placed it in the AD docket. 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
      - Incorporation by reference
      - Safety

## Adoption of the Amendment

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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. The Federal Aviation Administration (FAA) amends § 39.13 by adding the following new airworthiness directive (AD): 

**2005-19-13 BAE Systems (Operations) Limited (Formerly British Aerospace Regional Aircraft):**                             Amendment 39-14278. Docket No. FAA-2005-22453; Directorate Identifier 2002-NM-139-AD.                                  ( print page 55236)    

## Effective Date

(a) This AD becomes effective October 6, 2005.

## Affected ADs

(b) None.

## Applicability

(c) This AD applies to all BAE Systems (Operations) Limited Model HS 748 series 2A and series 2B airplanes, certificated in any category.

## Unsafe Condition

(d) This AD results from a report that pintle pins could be installed in an incorrect manner during maintenance without maintenance personnel being aware (or having feedback) that the pin was installed incorrectly. The FAA is issuing this AD to prevent jamming or collapse of the nose landing gear (NLG), which could result in damage to the airplane structure or injury to passengers or crew.

## 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.

## Modifying the Undercarriage of the Nose Landing Gear

(f) Within 64 months after the effective date of this AD, modify the undercarriage of the NLG in accordance with the Accomplishment Instructions of BAE Systems (Operations) Limited Service Bulletin HS748-32-104, dated April 9, 2002.

## Alternative Methods of Compliance (AMOCs)

(g) 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

(h) British airworthiness directive 003-04-2002 also addresses the subject of this AD.

## Material Incorporated by Reference

                            (i) You must use BAE Systems (Operations) Limited Service Bulletin HS748-32-104, dated April 9, 2002, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact British Aerospace Regional Aircraft American Support, 13850 Mclearen Road, Herndon, Virginia 20171, for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., room PL-401, Nassif Building, Washington, DC; on the Internet at                             *http://dms.dot.gov;*                             or at the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call (202) 741-6030, or go to                             *http://www.archives.gov/​federal_​register/​code_​of_​federal_​regulations/​ibr_​locations.html.*

Issued in Renton, Washington, on September 9, 2005.

Kalene C. Yanamura,

Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.

[FR Doc. 05-18521 Filed 9-20-05; 8:45 am]

BILLING CODE 4910-13-P