[Federal Register Volume 70, Number 235 (Thursday, December 8, 2005)]
[Proposed Rules]
[Pages 72938-72939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23778]


 ========================================================================
 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. 70, No. 235 / Thursday, December 8, 2005 / 
Proposed Rules  

[[Page 72938]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-23215; Directorate Identifier 2005-NM-212-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146 Airplanes and Model Avro 146-RJ Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all BAE Systems (Operations) Limited Model BAe 146 airplanes and 
Model Avro 146-RJ airplanes. This proposed AD would require repetitive 
replacement of the elevator servo tab hinge bearings, elevator servo 
tab mechanism bearings, elevator trim tab hinge bearings, and elevator 
trim tab drive rod bearings with new bearings. This proposed AD results 
from reported incidents of flight control surface restrictions due to 
the deterioration of flight control surface bearings. We are proposing 
this AD to prevent corrosion of flight control surface bearings and 
freezing of moisture inside the bearings, due to loss of lubrication in 
the bearings, which could lead to flight control restrictions and 
result in reduced controllability of the airplane.

DATES: We must receive comments on this proposed AD by January 9, 2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Contact British Aerospace Regional Aircraft American Support, 13850 
Mclearen Road, Herndon, Virginia 20171, for service information 
identified in this proposed AD.

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

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed in the ADDRESSES section. Include the docket number ``FAA-2005-
23215; Directorate Identifier 2005-NM-212-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments received by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of 
that web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.

Examining the Docket

    You may 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 DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

Discussion

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom, notified us that an unsafe condition 
may exist on all BAE Systems (Operations) Limited Model BAe 146 
airplanes and Model Avro 146-RJ airplanes. The CAA advises that the 
deterioration of flight control surface bearings has contributed to 
reported incidents of flight control surface restrictions. The bearings 
are sealed for life with a light dust shield and no means for re-
greasing. Over time, lubrication in the bearings is lost and moisture 
can enter into the bearing assembly, causing the bearings to corrode. 
This corrosion could lead to flight control restrictions. If moisture 
in the bearings freezes, this also could lead to flight control 
restrictions. Loss of lubrication in the bearings, if not corrected, 
could result in reduced controllability of the airplane.

Relevant Service Information

    BAE Systems (Operations) Limited has issued Inspection Service 
Bulletin ISB.27-177, dated June 3, 2004. The service bulletin describes 
procedures for repetitively replacing the elevator servo tab hinge 
bearings, elevator servo tab mechanism bearings, elevator trim tab 
hinge bearings, and elevator trim tab drive rod bearings with new 
bearings. Accomplishing the actions specified in the service 
information is intended to adequately address the unsafe condition. The 
CAA mandated the service information and issued British airworthiness 
directive G-2005-0014, dated May 31, 2005, to ensure the continued 
airworthiness of these airplanes in the United Kingdom.

[[Page 72939]]

FAA's Determination and Requirements of the Proposed AD

    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. We have examined the CAA's 
findings, evaluated all pertinent information, and determined that we 
need to issue an AD for airplanes of this type design that are 
certificated for operation in the United States.
    Therefore, we are proposing this AD, which would require 
accomplishing the actions specified in the service information 
described previously.

Costs of Compliance

    This proposed AD would affect about 21 airplanes of U.S. registry. 
The proposed actions would take about 75 work hours per airplane, at an 
average labor rate of $65 per work hour. Required parts would cost 
about $3,192 per airplane. Based on these figures, the estimated cost 
of the proposed AD for U.S. operators is $169,407, or $8,067 per 
airplane, per replacement 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 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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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. 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 proposed AD and placed it in the AD docket. 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, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):


BAE Systems (Operations) Limited (Formerly British Aerospace 
Regional Aircraft): Docket No. FAA-2005-23215; Directorate 
Identifier 2005-NM-212-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by January 
9, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all BAE Systems (Operations) Limited 
Model BAe 146-100A, -200A, and -300A series airplanes; and Model 
Avro 146-RJ70A, 146-RJ85A, and 146-RJ100A airplanes; certificated in 
any category.

Unsafe Condition

    (d) This AD results from reported incidents of flight control 
surface restrictions due to the deterioration of flight control 
surface bearings. We are issuing this AD to prevent corrosion of 
flight control surface bearings and freezing of moisture inside the 
bearings, due to loss of lubrication in the bearings, which could 
lead to flight control restrictions and result in reduced 
controllability of the airplane.

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.

Repetitive Replacement

    (f) Before the accumulation of 96 months on a bearing since new, 
or within 16 months after the effective date of this AD, whichever 
is later: Replace the elevator servo tab hinge bearings, elevator 
servo tab mechanism bearings, elevator trim tab hinge bearings, and 
elevator trim tab drive rod bearings with new bearings, in 
accordance with the Accomplishment Instructions of BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.27-177, dated 
June 3, 2004. Repeat the replacements thereafter at intervals not to 
exceed 96 months.

Alternative Methods of Compliance (AMOCs)

    (g)(1) 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.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (h) British airworthiness directive G-2005-0014, dated May 31, 
2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on November 30, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-23778 Filed 12-7-05; 8:45 am]
BILLING CODE 4910-13-P