[Federal Register Volume 68, Number 234 (Friday, December 5, 2003)]
[Proposed Rules]
[Pages 67986-67988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30222]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-272-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146-100A and -200A 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 BAE Systems (Operations) 
Limited Model BAe 146-100A and -200A series airplanes. This proposal 
would require an inspection to determine the part number of the inner 
links of the side stays for the main landing gear (MLG), and 
replacement of the inner links with new parts, if necessary. This 
action is necessary to prevent the failure of the MLG, which could 
result in damage to the airplane structure or injury to airplane 
occupants. This action is intended to address the identified unsafe 
condition.

DATES: Comments must be received by January 5, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-272-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 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. 2001-NM-272-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 or 2000 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: 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:

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:
    [sbull] 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.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] 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 Number 2001-NM-272-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. 2001-NM-272-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for

[[Page 67987]]

the United Kingdom, notified the FAA that an unsafe condition may exist 
on all BAE Systems (Operations) Limited Model BAe 146-100A and -200A 
series airplanes. The CAA advises that the safe life for the inner 
links of the main landing gear (MLG) side stays is listed incorrectly 
in the Airworthiness Limitations section of the Aircraft Maintenance 
Manual (AMM) at Issue 73. The safe life is listed incorrectly in the 
AMM as 60,000 total landings, rather than the actual safe life of 
either 57,500 total landings for BAe 146-100A series airplanes, or 
37,400 total landings for BAe 146-200A series airplanes. Inner links 
with certain part numbers could be subject to failure if allowed to 
remain in service past the actual safe life for the part. This 
condition, if not corrected, could result in the failure of the MLG and 
subsequent damage to the airplane structure or injury to airplane 
occupants.

Explanation of Relevant Service Information

    BAE Systems (Operations) Limited has issued Service Bulletin 
ISB.32-166, dated May 28, 2001, which describes procedures for an 
inspection to determine the part number of the side stay inner links 
for the MLG, and replacement of the side stay inner links with new 
parts, if necessary. The CAA classified this service bulletin as 
mandatory and issued British airworthiness directive 005-05-2001 in 
order to assure the continued airworthiness of this airplane in the 
United Kingdom.
    The BAE Systems (Operations) Limited service bulletin references 
Messier-Dowty Service Bulletin 146-32-153, dated May 29, 2001, as an 
additional source of service information for accomplishment of the 
inspection and replacement, if necessary.

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 Proposed Rule and Referenced Service Bulletins

    Although Messier-Dowty Service Bulletin 146-32-153, and BAE Systems 
(Operations) Limited Service Bulletin ISB.32-166, specify to submit 
certain information to each manufacturer, this proposed AD does not 
include such requirements.
    Although Messier-Dowty Service Bulletin 146-32-153 specifies that 
operators may contact the manufacturer for information on the safe 
remaining life of side stays used at different operating weights, this 
proposed AD would require operators to determine the safe remaining 
life per a method approved by either the FAA or the CAA (or its 
delegated agent). In light of the type of action that would be required 
to address the unsafe condition, and consistent with existing bilateral 
airworthiness agreements, we have determined that, for this proposed 
AD, an appropriate action approved by either the FAA or the CAA would 
be acceptable for compliance with this proposed AD.

Cost Impact

    The FAA estimates that 15 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 $65 per work hour. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$975, or $65 per airplane.
    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. 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 2001-NM-272-AD.

    Applicability: All Model BAe 146-100A and -200A series 
airplanes; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent the failure of the main landing gear (MLG), which 
could result in damage to the airplane structure or injury to 
airplane occupants, accomplish the following:

Inspection To Determine Part Number

    (a) Within 50 landings or 31 days after the effective date of 
this AD, whichever occurs first: Inspect the inner link of the side 
stays

[[Page 67988]]

of the main landing gear (MLG) to determine the part number, per the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Service Bulletin ISB.32-166, dated May 28, 2001. Although this 
service bulletin specifies to submit certain information to the 
manufacturer, this AD does not include such a requirement.

    Note 1: BAE Systems (Operations) Limited Service Bulletin, 
ISB.32-166, dated May 28, 2001, references Messier-Dowty Service 
Bulletin 146-32-153, dated May 29, 2001, as an additional source of 
service information for accomplishment of the inspection and 
replacement required by this AD. Although the Messier-Dowty service 
bulletin specifies to submit certain information to the 
manufacturer, this AD does not include such a requirement.

Replacement at New Reduced Safe Life

    (b) Replace any side stay which, during the inspection required 
by paragraph (a) of this AD, is found to have part number 200884319, 
200884320, 200884331, 200884332, 200884342, or 200884343. Replace 
the side stay with a new side stay having the same part number, at 
the applicable compliance time specified in paragraph 1.D. 
``Compliance'' of BAE Systems (Operations) Limited Service Bulletin 
ISB.32-166, dated May 28, 2001, as measured from the effective date 
of this AD.

Safe Remaining Life

    (c) If any side stay having part number 200884319, 200884320, 
200884331, 200884332, 200884342, or 200884343 has been used at 
different operating weights, and the service bulletin recommends 
contacting Messier-Dowty for appropriate action based on the safe 
remaining life of the side stay; contact the Manager, International 
Branch, ANM-116, FAA, Transport Airplane Directorate; or the Civil 
Aviation Authority (CAA), which is the airworthiness authority for 
the United Kingdom, (or its delegated agent); for appropriate 
action.

Alternative Methods of Compliance

    (d) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA, is authorized 
to approve alternative methods of compliance for this AD.

    Note 2: The subject of this AD is addressed in British 
airworthiness directive 005-05-2001.


    Issued in Renton, Washington, on November 28, 2003.
Kevin Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-30222 Filed 12-4-03; 8:45 am]
BILLING CODE 4910-13-P