[Federal Register Volume 66, Number 226 (Friday, November 23, 2001)]
[Proposed Rules]
[Pages 58678-58680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29196]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 66, No. 226 / Friday, November 23, 2001 / 
Proposed Rules  

[[Page 58678]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-266-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146 Series Airplanes 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 certain BAE Systems (Operations) 
Limited Model BAe 146 and Avro 146-RJ series airplanes. This proposal 
would require repetitive inspections to detect cracking of the oleo 
strut of the nose landing gear (NLG), and corrective actions if 
necessary. This proposal would also provide for optional terminating 
action for the repetitive inspections. This action is necessary to 
detect and correct fatigue cracking of the oleo strut of the NLG, which 
could result in failure of the NLG. This action is intended to address 
the identified unsafe condition.

DATES: Comments must be received by December 24, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket 2000-NM-266-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-266-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: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; 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 action 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 action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket 2000-NM-266-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 2000-NM-266-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 certain BAE Systems (Operations) Limited Model 
BAe 146 and Avro 146-RJ series airplanes. A nose landing gear (NLG) 
undergoing fatigue testing was found to have a fatigue crack at the top 
of the oleo bore, with resulting loss of oil and loss of strength. This 
condition, if not detected and corrected, could result in failure of 
the NLG.

Explanation of Relevant Service Information

    The manufacturer has issued BAE Systems Service Bulletin SB.32-158, 
dated June 2, 2000, which describes procedures for repetitive non-
destructive test (NDT) ultrasonic inspections to detect cracking of the 
bore of the NLG oleo, and modification of any cracked NLG oleo. The CAA 
classified this service bulletin as mandatory and issued British 
airworthiness directive 002-06-2000 to ensure the continued 
airworthiness of these airplanes in the United Kingdom.
    The BAE Systems service bulletin refers to Messier-Dowty Service 
Bulletin 146-32-149, including Appendix A, dated April 17, 2000, as an 
additional source of service information for accomplishment of the 
inspection.
    The manufacturer has also issued BAE Systems Service Bulletin 
SB.32-159-70668ABC, dated June 14, 2000, which describes procedures for 
having the modification of the NLG oleo strut performed. The 
modification would eliminate the need for repetitive

[[Page 58679]]

inspections. The modification consists of blending and shot peening of 
the oleo bore of the NLG to restore its expected life.

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 actions specified in BAE Systems Service Bulletin SB.32-158, dated 
June 2, 2000. This proposed AD also would provide for optional 
terminating action for the repetitive inspections. The optional 
terminating action, if accomplished, would terminate the repetitive 
inspection requirements of this AD.
    Operators should note that, to be consistent with the findings of 
the CAA, the FAA has determined that the repetitive inspections 
proposed by this AD can be allowed to continue in lieu of 
accomplishment of a terminating action. In making this determination, 
the FAA considers that, in this case, long-term continued operational 
safety will be adequately ensured by accomplishing the repetitive 
inspections to detect cracking before it represents a hazard to the 
airplane.

Cost Impact

    The FAA estimates that 60 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 
$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 proposed 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 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:

BAE Systems (Operations) Limited (Formerly British Aerospace 
Regional Aircraft): Docket 2000-NM-266-AD.

    Applicability: Model BAe 146 series airplanes and Model Avro 
146-RJ series airplanes, certificated in any category, as listed in 
BAE Systems Service Bulletin SB.32-158, dated June 2, 2000, except 
those on which Messier-Dowty Modification AC12248 has been 
installed.

    Note 1:
    This AD applies to each airplane identified in the preceding 
applicability provision, regardless of whether it has been otherwise 
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 (d) 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 oleo strut of the 
nose landing gear (NLG), which could result in failure of the nose 
landing gear (NLG), accomplish the following:

Inspection

    (a) Perform an ultrasonic inspection to detect cracking of the 
oleo strut of the NLG, in accordance with BAE Systems Service 
Bulletin SB.32-158, dated June 2, 2000, according to the applicable 
time schedule specified in paragraphs (a)(1), (a)(2), and (a)(3) of 
this AD. Thereafter, repeat the inspection at least every 2,500 
landings, until the actions specified by paragraph (c) of this AD 
have been performed.
    (1) For NLGs identified in paragraph D.(3) of BAE Systems 
Service Bulletin SB.32-158, dated June 2, 2000: Inspect before the 
NLG accumulates 2,500 landings after accomplishment of the initial 
inspection specified by Messier-Dowty Service Bulletin 146-32-149, 
or within 30 days after the effective date of this AD, whichever 
occurs later.
    (2) For NLGs having part number 201138002, serial numbers M-DG-
0158 to M-DG-0168 inclusive, as identified in paragraph D.(4) of BAE 
Systems Service Bulletin SB.32-158, dated June 2, 2000: Inspect 
before the NLG accumulates 20,000 total landings, or within 500 
flight cycles after the effective date of this AD, whichever occurs 
later.
    (3) For NLGs other than those identified in paragraph (a)(1) or 
(a)(2) of this AD: Inspect before the NLG accumulates 8,000 total 
landings, or within 500 landings after the effective date of this 
AD, whichever occurs later.

Corrective Actions

    (b) If any crack is found during any inspection required by this 
AD: Before further flight, replace the oleo strut of the NLG with a 
new or serviceable strut in accordance with BAE Systems Service 
Bulletin SB.32-158, dated June 2, 2000.

[[Page 58680]]

Optional Terminating Action

    (c) Modification of the NLG in accordance with BAE Systems 
Service Bulletin SB.32-159-70668ABC, dated June 14, 2000, terminates 
the repetitive inspections required by this AD.

Alternative Methods of Compliance

    (d) 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, 
Transport Airplane Directorate, FAA. 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

    (e) 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 002-06-2000.


    Issued in Renton, Washington, on November 15, 2001.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-29196 Filed 11-21-01; 8:45 am]
BILLING CODE 4910-13-U