[Federal Register Volume 69, Number 2 (Monday, January 5, 2004)]
[Proposed Rules]
[Pages 289-291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-50]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-317-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
Avro 146-RJ Series Airplanes; and BAE Systems (Operations) Limited 
Model BAe 146 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 Avro 146-RJ and Model BAe 146 series airplanes. This 
proposal would require a test to determine the torque setting for the 
collar cap screw of the differential box for the nose landing gear, and 
follow-on actions. This action is necessary to prevent uncommanded 
inputs to the nosewheel steering, which could result in reduced 
controllability of the airplane during takeoff and landing. This action 
is intended to address the identified unsafe condition.

DATES: Comments must be received by February 4, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-317-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-317-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-317-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-317-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 
Avro 146-RJ and Model BAe 146 series airplanes. The CAA advises that 
there have been twenty incidents of uncommanded inputs to the nosewheel 
steering. These incidents involved five different nose landing gears 
and six different airplanes. Investigation determined that, on all the 
gears involved in incidents, the torque setting for the collar cap 
screw of the differential box was significantly lower than the original 
design standard. This condition, if not corrected, could lead to 
uncommanded inputs to the nosewheel steering, which could result in 
reduced controllability of the airplane during takeoff and landing.

Explanation of Relevant Service Information

    BAE Systems (Operations) Limited has issued Service Bulletin 
ISB.32-168, dated August 6, 2001, which describes procedures for a 
check to determine the torque setting for the collar cap screw of the 
differential box, and follow-on actions. The follow-on actions involve 
torquing the collar cap screw to a

[[Page 290]]

specified limit and performing a functional test of the nosewheel. 
Accomplishment of the actions specified in the service bulletin is 
intended to adequately address the identified unsafe condition. The CAA 
classified this service bulletin as mandatory and issued British 
Airworthiness Directive 004-08-2001, to ensure the continued 
airworthiness of these airplanes in the United Kingdom.
    BAE Systems (Operations) Limited Service Bulletin ISB.32-168 
references Messier-Dowty Service Bulletin 146-32-154, dated August 3, 
2001, as an additional source of service information for accomplishment 
of the detailed inspection and follow-on actions.

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 the service bulletin described previously, 
except as discussed below.

Difference Between the Proposed AD and the Messier-Dowty Service 
Bulletin

    Although the Messier-Dowty service bulletin specifies to report 
inspection results to the manufacturer, this proposed AD does not 
require that action.

Difference Between the Proposed AD and the BAE Service Bulletin

    Although the BAE service bulletin specifies that operators may 
contact the manufacturer for disposition if the steering mechanism will 
not return to the neutral position following a functional test, this 
proposed AD would require operators to repair this condition per 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 
unsafe condition, and consistent with existing bilateral airworthiness 
agreements, we have 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.

Cost Impact

    The FAA estimates that 55 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 2 work 
hours per airplane to accomplish the proposed actions, 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 
$7,150, or $130 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-317-AD.

    Applicability: Model Avro 146-RJ series airplanes; and Model BAe 
146 series airplanes; equipped with a nose landing gear having a 
part number listed under paragraph 1.A.(1) of BAE Systems 
(Operations) Limited Service Bulletin ISB.32-168, dated August 6, 
2001; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent uncommanded inputs to the nosewheel steering, which 
could result in reduced controllability of the airplane during 
takeoff and landing, accomplish the following:

    Note 1: BAE Systems (Operations) Limited Service Bulletin 
ISB.32-168, dated August 6, 2001, references Messier-Dowty Service 
Bulletin 146-32-154, dated August 3, 2001, as an additional source 
of service information for accomplishment of the detailed inspection 
and follow-on actions. Although the Messier-Dowty service bulletin 
specifies to submit certain information to the manufacturer, this AD 
does not include such a requirement.

Torque Test and Follow-on Actions

    (a) Within 6 months after the effective date of this AD: Perform 
a torque test of the collar cap screw of the differential box for 
the nose landing gear, and do all applicable follow-on actions 
before further flight in accordance with the Accomplishment 
Instructions of BAE Systems (Operations) Limited Service Bulletin 
ISB.32-168, dated August 6, 2001.
    (b) If the steering mechanism will not return to the neutral 
position following the functional test in paragraph 2.C. of the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Service Bulletin ISB.32-168, dated August 6, 2001, before further 
flight: Repair per a method approved by either the Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate; 
or the CAA (or its delegated agent).

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Parts Installation

    (c) As of the effective date of this AD, no person may install 
on any airplane a nose landing gear assembly unless the torque test 
and follow-on actions have been accomplished in accordance with the 
paragraph 2.B. of BAE Systems (Operations) Limited Service Bulletin 
ISB.32-168, dated August 6, 2001.

Alternative Methods of Compliance

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

    Note 2: The subject of this AD is addressed in British 
airworthiness directive 004-08-2001.


    Issued in Renton, Washington, on December 29, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-50 Filed 1-2-04; 8:45 am]
BILLING CODE 4910-13-P