[Federal Register Volume 64, Number 123 (Monday, June 28, 1999)]
[Proposed Rules]
[Pages 34586-34588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16330]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-331-AD]
RIN 2120-AA64


Airworthiness Directives; British Aerospace Model BAe 146 and 
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 series airplanes and certain British Aerospace Model Avro 146-RJ 
series airplanes. This proposal would require repetitive eddy current 
inspections to detect fatigue cracking along the face of the retraction 
attachment boss in the nose landing gear sidewall; and corrective 
action, if necessary. This proposal is prompted by issuance of 
mandatory continuing airworthiness information by a foreign civil 
aviation authority. The actions specified by the proposed AD are 
intended to detect and correct fatigue cracking along the face of the 
retraction attachment boss in the nose landing gear sidewall, which 
could result in failure of the nose landing gear during takeoff and 
landing.

DATES: Comments must be received by July 28, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-331-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.
    The service information referenced in the proposed rule may be 
obtained from AI(R) American Support, Inc., 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.


[[Page 34587]]


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.
    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 98-NM-331-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. 98-NM-331-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 series 
airplanes and certain British Aerospace Model Avro 146-RJ series 
airplanes. The CAA advises that it has received reports of fatigue 
cracking in the retraction jack attachment boss on the left-hand nose 
landing gear sidewall on several in-service aircraft, which in some 
circumstances has led to replacement of the sidewall. Such fatigue 
cracking, if not corrected, could result in failure of the nose landing 
gear during takeoff and landing.

Explanation of Relevant Service Information

    British Aerospace has issued Service Bulletin SB.53-152, dated 
October 8, 1998, which describes procedures for repetitive eddy current 
inspections to detect cracking along the face of the retraction 
attachment boss in the nose landing gear sidewall, and repair, if 
necessary. The CAA classified this service bulletin as mandatory and 
issued British airworthiness directive 015-10-98 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 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 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 actions specified in the service bulletin described previously, 
except as discussed below.

Differences Between the Proposed Rule and the Relevant Service 
Information

    Operators should note that, although the service bulletin specifies 
that the manufacturer must be contacted for disposition of cracks, this 
proposal would require the repair of those cracks to be accomplished in 
accordance with a method approved by either the FAA, or the CAA (or its 
delegated agent). In light of the type of repair that would be required 
to address the identified unsafe condition, and in consonance with 
existing bilateral airworthiness agreements, the FAA has determined 
that, for this proposed AD, a repair approved by either the FAA or the 
CAA would be acceptable for compliance with this proposed AD.

Interim Action

    This is considered to be an interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

Cost Impact

    The FAA estimates that 44 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 inspection, 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 
$2,640, 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.

Regulatory Impact

    The regulations proposed herein would not have substantial direct 
effects 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, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    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.

[[Page 34588]]

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 98-NM-331-AD.

    Applicability: Model BAe 146 and Avro 146-RJ series airplanes, 
as listed in British Aerospace Service Bulletin SB.53-152, dated 
October 8, 1998, 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 along the face of the 
retraction attachment boss in the nose landing gear sidewall, which 
could result in failure of the nose landing gear during takeoff and 
landing, accomplish the following:

Repetitive Inspection

    (a) Prior to the accumulation of 8,000 total flight cycles, or 
within 200 flight cycles after the effective date of this AD, 
whichever occurs later, perform an eddy current inspection to detect 
cracking along the face of the retraction attachment boss in the 
nose landing gear sidewall, in accordance with British Aerospace 
Service Bulletin SB.53-152, dated October 8, 1998. Thereafter, 
repeat the eddy current inspection at intervals not to exceed 2,600 
flight cycles.

Repair

    (b) If any crack is detected, prior to further flight, repair in 
accordance with a method approved by either the Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate; 
or the Civil Aviation Authority (or its delegated agent). For a 
repair method to be approved by the Manager, International Branch, 
ANM-116, as required by this paragraph, the Manager's approval 
letter must specifically reference 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. 
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 015-10-98.

    Issued in Renton, Washington, on June 22, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-16330 Filed 6-25-99; 8:45 am]
BILLING CODE 4910-13-U