[Federal Register Volume 69, Number 75 (Monday, April 19, 2004)]
[Rules and Regulations]
[Pages 20817-20818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8541]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-272-AD; Amendment 39-13575; AD 2004-08-06]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146-100A and -200A Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all BAE Systems (Operations) Limited Model BAe 146-100A 
and -200A series airplanes, that requires 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: Effective May 24, 2004.
    The incorporation by reference of a certain publication listed in 
the regulations is approved by the Director of the Federal Register as 
of May 24, 2004.

ADDRESSES: The service information referenced in this AD may be 
obtained from British Aerospace Regional Aircraft American Support, 
13850 Mclearen Road, Herndon, Virginia 20171. This information may be 
examined at the Federal Aviation Administration (FAA), Transport 
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, 
Washington; or at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.

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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to all BAE Systems (Operations) 
Limited Model BAe 146-100A and -200A series airplanes was published in 
the Federal Register on December 5, 2003 (68 FR 67986). That action 
proposed to 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.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comment received.

Request to Revise Description of Part Having Specified Part Numbers

    One commenter requests that paragraphs (b) and (c) of the proposed 
AD be revised to clarify the description of the part having the 
specified part numbers. The commenter notes that paragraphs (b) and (c) 
of the proposedAD require actions for side stays having part number 
200884319, 200884320,200884331, 200884332, 200884342, or 200884343. The 
commenter contends that this leads readers to believe the part numbers 
are for the side stay, but the part numbers are actually for the inner 
link subassembly of the side stay. The commenter recommends that 
paragraphs (b) and (c) be revised to clarify that the actions are for 
any side stay having an inner link with part number 200884319, 
200884320, 200884331, 200884332, 200884342, or 200884343.
    The FAA agrees that paragraphs (b) and (c) of the final rule should 
be revised to clarify the description of the part having the specified 
part numbers. As stated by the commenter, the part numbers specified in 
paragraphs (b) and (c) of the final rule are found on the inner link. 
We have revised paragraphs (b) and (c) of the final rule to clarify 
that the required actions apply to any side stay having an inner link 
with part number 200884319, 200884320, 200884331, 200884332, 200884342, 
or 200884343.

Conclusion

    After careful review of the available data, including the comment 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes described 
previously. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    The FAA estimates that 15 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 1 work hour per 
airplane to accomplish the required inspection, and that the average 
labor rate is $65 per work hour. Based on these figures, the cost 
impact of the 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 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 adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

[[Page 20818]]

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

2004-08-06 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-13575. 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 of the MLG to determine the part number, per the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Inspection 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 Inspection 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) For any side stay which, during the inspection required by 
paragraph (a) of this AD, is found to have an inner link with part 
number 200884319, 200884320, 200884331, 200884332, 200884342, or 
200884343: Replace the inner link with a new inner link having the 
same part number, at the applicable compliance time specified in 
paragraph 1.D. ``Compliance'' of BAE Systems (Operations) Limited 
Inspection 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 an inner link with 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.

Incorporation by Reference

    (e) Unless otherwise specified in this AD, the actions shall be 
done in accordance with BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB.32-166, dated May 28, 2001. This incorporation 
by reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from British Aerospace Regional Aircraft American Support, 
13850 Mclearen Road, Herndon,Virginia 20171. Copies may be inspected 
at the FAA, Transport AirplaneDirectorate, 1601 Lind Avenue, SW., 
Renton, Washington; or at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.

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

Effective Date

    (f) This amendment becomes effective on May 24, 2004.

    Issued in Renton, Washington, on April 6, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-8541 Filed 4-16-04; 8:45 am]
BILLING CODE 4910-13-P