[Federal Register Volume 70, Number 58 (Monday, March 28, 2005)]
[Rules and Regulations]
[Pages 15574-15577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5575]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19757; Directorate Identifier 2001-NM-273-AD; 
Amendment 39-14024; AD 2005-06-04]
RIN 2120-AA64


Airworthiness Directives; British Aerospace Model BAe 146 and 
Model Avro 146-RJ Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to certain British Aerospace Model BAe 146 and 
Model Avro 146-RJ series airplanes. That AD currently requires a one-
time measurement of the thickness of the outer links on the side stays 
of the main landing gear (MLG), and related investigative and 
corrective actions as necessary; and provides for replacement of a thin 
outer link with a new or

[[Page 15575]]

serviceable part in lieu of certain related investigative inspections. 
This new AD requires repetitive inspections for cracking of the outer 
links on the MLG side stays, and corrective actions if necessary. This 
new action also expands the applicability, provides for optional 
terminating action for the repetitive inspections, and reduces the 
repetitive inspection interval. This AD is prompted by new crack 
findings on airplanes not subject to the existing AD, and the 
determination that the profile gauge's slipping over the outer link 
profile is not a factor in the identified unsafe condition. We are 
issuing this AD to prevent cracking of the outer links of the MLG side 
stays, which could result in failure of a side stay and consequent 
collapse of the landing gear.

DATES: This AD becomes effective May 2, 2005.
    The incorporation by reference of a certain publication listed in 
the AD is approved by the Director of the Federal Register as of May 2, 
2005.

ADDRESSES: For service information identified in this AD, contact 
British Aerospace Regional Aircraft American Support, 13850 Mclearen 
Road, Herndon, Virginia 20171.
    Docket: The AD docket contains the proposed AD, comments, and any 
final disposition. You can examine the AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility 
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the U.S. 
Department of Transportation, 400 Seventh Street, SW., room PL-401, 
Washington, DC. This docket number is FAA-2004-19757; the directorate 
identifier for this docket is 2001-NM-273-AD.

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: The FAA proposed to amend part 39 of the 
Federal Aviation Regulations (14 CFR part 39) with an AD to supersede 
AD 99-17-12, amendment 39-11260 (64 FR 45870, August 23, 1999). The 
existing AD applies to certain British Aerospace Model BAe 146 and 
Model Avro 146-RJ series airplanes. The proposed AD was published in 
the Federal Register on December 1, 2004 (69 FR 69829), to require a 
one-time measurement of the thickness of the outer links on the side 
stays of the main landing gear (MLG), and related investigative and 
corrective actions as necessary; and provides for replacement of a thin 
outer link with a new or serviceable part in lieu of certain related 
investigative inspections. The proposed AD also expanded the 
applicability of the existing AD, provided for optional terminating 
action for the repetitive inspections, and reduced the repetitive 
inspection interval.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comment that has been 
submitted on the proposed AD.

Request To Correct Typographical Error in Preamble

    The commenter recommends the correction of a typographical error 
that appears in the Secondary Service Information table in the proposed 
AD. (That table is included in the Relevant Service Information section 
of the preamble of the proposed AD). The commenter notes that one of 
the column headers references BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.32-1536, but that the correct citation 
is ISB.32-156. The commenter suggests correcting the typographical 
error to eliminate any confusion to anyone who reads the proposed AD.
    We agree with the commenter's concern and acknowledge that the 
typographical error did appear in the published versions of the 
proposed AD. The Secondary Service Information table is not restated in 
this AD, so no change is possible regarding this issue.

Changes to This AD

    In order to comply with the service information citation guidelines 
of the Office of the Federal Register, we have revised Notes 2 and 3 of 
this AD. In Note 2 we changed the citation from ``BAE Inspection 
Service Bulletin ISB.32-156'' to ``BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.32-156, Revision 1, dated July 3, 
2001.'' In Note 3 we made that same change; revised ``32-162-70657CD'' 
to ``SB.32-162-70657C.D;'' clarified that Messier-Dowty Repair Scheme 
450187952 is included in Section 32-10-65 of the Messier-Dowty 
201105001 and 201105002 Component Maintenance Manual, and Section 32-
10-73 of the Messier-Dowty 201299001 and 201299002 Component 
Maintenance Manual; and corrected the manufacturer name and document 
number for SB.32-144.

Conclusion

    We have carefully reviewed the available data, including the 
comment that has been submitted, and determined that air safety and the 
public interest require adopting the AD with the changes described 
previously. We have determined that these changes will neither increase 
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Average                                                     Number of  U.S.-
               Action                 Work hours     hourly             Parts             Cost per airplane        registered           Fleet cost
                                                   labor rate                                                      airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection.........................            1          $65  None..................  $65, per inspection                    60  $3,900, per inspection
                                                                                        cycle.                                     cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for

[[Page 15576]]

safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD. See the ADDRESSES section for a location to 
examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by removing amendment 39-11260 (64 FR 
45870, August 23, 1999), and by adding the following new airworthiness 
directive (AD):

2005-06-04 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-14024. Docket No. FAA-
2004-19757; Directorate Identifier 2001-NM-273-AD.

Effective Date

    (a) This AD becomes effective May 2, 2005.

Affected ADs

    (b) This AD supersedes AD 99-17-12, amendment 39-11260 (64 FR 
45870, August 23, 1999).

Applicability

    (c) This AD applies to Model BAe 146 and Avro 146-RJ series 
airplanes, certificated in any category, having any side stay 
identified in Messier-Dowty Service Bulletin 146-32-147, dated May 
29, 2001.

Unsafe Condition

    (d) This AD was prompted by new crack findings on airplanes not 
subject to the existing AD, and the determination that the profile 
gauge's slipping over the outer link profile is not a factor in the 
identified unsafe condition. We are issuing this AD to prevent 
cracking of the outer links of the MLG side stays, which could 
result in failure of a side stay and consequent collapse of the 
landing gear.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspection

    (f) At the applicable time specified in paragraph (f)(1) or 
(f)(2) of this AD: Perform a detailed inspection for cracks of the 
outer links on the MLG side stays, in accordance with the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.32-156, Revision 1, dated July 3, 
2001. Repair cracks before further flight in accordance with the 
service bulletin. Thereafter, repeat the inspection at intervals not 
to exceed 2,000 flight cycles, until the actions specified in 
paragraph (g) of this AD have been done. Although the service 
bulletin specifies to report certain information to the 
manufacturer, this AD does not require a report.
    (1) If the number of flight cycles accumulated on the side stay 
can be positively determined: Inspect before the accumulation of 
2,000 total flight cycles on the side stay, or within 500 flight 
cycles after the effective date of this AD, whichever occurs later.
    (2) If the number of flight cycles accumulated on the side stay 
cannot be positively determined: Inspect within 500 flight cycles 
after the effective date of this AD.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''


    Note 2: BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.32-156, Revision 1, dated July 3, 2001, refers to 
Messier-Dowty Service Bulletin 146-32-147, dated May 29, 2001, as an 
additional source of service information for the inspection.

Optional Terminating Action

    (g) Relocation of each affected grease nipple to the upper 
surface of the outer link of the MLG side stays terminates the 
repetitive inspection requirements of this AD, if the relocation 
action is done in accordance with paragraph 2.C. of the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.32-156, Revision 1, dated July 3, 
2001.

    Note 3: BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.32-156, Revision 1, dated July 3, 2001; refers to BAE 
Systems (Operations) Limited Modification Service Bulletin SB.32-
162-70657C.D, dated September 26, 2001; Messier-Dowty Repair Scheme 
450187952, included in Section 32-10-65 of the Messier-Dowty 
201105001 and 201105002 Component Maintenance Manual, and Section 
32-10-73 of the Messier-Dowty 201299001 and 201299002 Component 
Maintenance Manual; and British Aerospace Service Bulletin SB.32-
144, dated December 11, 1996; as additional sources of service 
information for accomplishment of the actions associated with the 
relocation specified in paragraph (g) of this AD.

Parts Installation

    (h) As of the effective date of this AD, no person may install 
on any airplane an MLG side stay having a part number identified in 
paragraph 1.A. of Messier-Dowty Service Bulletin 146-32-147, dated 
May 29, 2001, unless that part has been inspected and all applicable 
related investigative and corrective actions have been performed in 
accordance with the requirements of this AD.

Alternative Methods of Compliance (AMOCs)

    (i) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.

Related Information

    (j) British airworthiness directive 004-05-2001 also addresses 
the subject of this AD.

Material Incorporated by Reference

    (k) You must use BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB.32-156, Revision 1, dated July 3, 2001, to 
perform the actions that are required by this AD, unless the AD 
specifies otherwise. The Director of the Federal Register approves 
the incorporation by reference of this document in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. For copies of the service 
information, contact British Aerospace Regional Aircraft American 
Support, 13850 Mclearen Road, Herndon, Virginia 20171. You may view 
the AD docket at the Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., room PL-401, Nassif 
Building, Washington, DC. To review copies of the service 
information, go to the National Archives and Records Administration 
(NARA). For information on the availability

[[Page 15577]]

of this material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on March 14, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-5575 Filed 3-25-05; 8:45 am]
BILLING CODE 4910-13-P