[Federal Register Volume 71, Number 27 (Thursday, February 9, 2006)]
[Rules and Regulations]
[Pages 6667-6669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1149]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-23799; Directorate Identifier 2004-NM-141-AD; 
Amendment 39-14475; AD 2006-03-11]
RIN 2120-AA64


Airworthiness Directives; British Aerospace Model HS 748 
Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
British Aerospace Model HS 748 airplanes. This AD requires installing a 
baulking actuator system for the elevator gust lock; doing a functional 
test and an inspection of any previously installed baulking actuator 
system for wiring errors; doing repetitive inspections of the gust lock 
baulk lever for correct operation; and corrective action, if necessary. 
This AD results from incidents where an elevator gust lock re-engaged 
without input from the flightcrew, and may have caused a flight control 
restriction. We are issuing this AD to prevent uncommanded re-
engagement of the elevator gust lock, which could result in restriction 
of the elevator's movement and consequent reduced controllability of 
the airplane.

DATES: This AD becomes effective February 24, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of February 24, 
2006.
    We must receive comments on this AD by April 10, 2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this 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 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:

Discussion

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom, notified us that an unsafe condition 
may exist on British Aerospace Model HS 748 airplanes. The CAA advises 
that there have been two incidents where re-engagement of the elevator 
gust lock without input by the flightcrew may have caused a flight 
control restriction. Uncommanded re-engagement of the elevator gust 
lock, if not corrected, could result in restriction of the elevator's 
movement and consequent reduced controllability of the airplane.

Relevant Service Information

    British Aerospace has issued BAE Systems (Operations) Limited 
Service Bulletin HS748-27-135, Revision 2, dated October 2, 2003. The 
service bulletin describes procedures for installing a baulking 
actuator system for the elevator gust lock; doing a functional test of 
the actuator system for correct operation; and inspecting the gust lock 
baulk lever for correct operation. Accomplishing the actions specified 
in the service information is intended to adequately address the unsafe 
condition. The CAA mandated a previous revision of the service bulletin 
(which specified some wiring procedures incorrectly) and issued British 
airworthiness directive 003-12-2002 to ensure the continued 
airworthiness of these airplanes in the United Kingdom. The CAA has 
also issued British airworthiness directive G-2004-0002, dated February 
18, 2004, which supersedes British airworthiness directive 003-12-2002, 
and requires doing additional actions in accordance with Revision 2 of 
the service bulletin.
    Service Bulletin HS748-27-135 refers to BAE Systems (Operations) 
Limited Alert Service Bulletin HS748-A27-128, Revision 1, dated 
December 10, 2002, as an additional source of service information for 
accomplishing a check of the rigging of the gust lock system.
    Service Bulletin HS748-27-135 also refers to BAE Systems 
(Operations) Limited Service Bulletin HS748-A27-76, Revision 3, dated 
December 20, 1996, as an additional source of service information for 
accomplishing an overlap check of the lever gate stop.

FAA's Determination and Requirements of This AD

    This airplane model is manufactured in the United Kingdom and is 
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 products of this type design that are 
certificated for operation in the United States.
    Therefore, we are issuing this AD to prevent uncommanded re-
engagement of the elevator gust lock, which could result in restriction 
of the elevator's movement and consequent reduced controllability of 
the airplane. This AD requires accomplishing the actions specified in 
the service information described previously, except as described in 
``Difference Between This AD and the Service Bulletin.''

[[Page 6668]]

Difference Between This AD and the Service Bulletin

    Where the service bulletin specifies to inspect the baulk lever for 
correct operation but does not specify corrective action, this AD 
requires operators to contact the FAA or the CAA (or its delegated 
agent) for repair instructions.

Clarification on Wiring Inspections

    British airworthiness directive G-2004-0002 specifies to inspect 
the baulk lever installation for correct wiring, and correct the wiring 
as necessary. The Accomplishment Instructions of Revision 2 of the 
service bulletin has a note that states that rework in accordance with 
Revision 2 of the service bulletin is needed for wiring that was done 
in accordance with Revision 1. This AD requires a general visual 
inspection for correct wiring and rerouting the wiring as applicable in 
accordance with Revision 2.

Costs of Compliance

    None of the airplanes affected by this action are on the U.S. 
Register. All airplanes affected by this AD are currently operated by 
non-U.S. operators under foreign registry; therefore, they are not 
directly affected by this AD action. However, we consider this AD 
necessary to ensure that the unsafe condition is addressed if any 
affected airplane is imported and placed on the U.S. Register in the 
future.
    The following table provides the estimated costs to comply with 
this AD for any affected airplane that might be imported and placed on 
the U.S. Register in the future.

                                                 Estimated Costs
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                                             Average
                                    Work      labor
             Action                hours     rate per    Parts cost                Cost per airplane
                                               hour
----------------------------------------------------------------------------------------------------------------
Installation...................         49        $65  $18,500......  $21,685.
Inspection, per inspection               2        $65  None.........  $130, per inspection cycle.
 cycle.
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FAA's Determination of the Effective Date

    No airplane affected by this AD is currently on the U.S. Register. 
Therefore, providing notice and opportunity for public comment is 
unnecessary before this AD is issued, and this AD may be made effective 
in less than 30 days after it is published in the Federal Register.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Send your comments to an 
address listed in the ADDRESSES section. Include ``Docket No. FAA-2006-
23799; Directorate Identifier 2004-NM-141-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD that might 
suggest a need to modify it.
    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 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.

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 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 the 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 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, 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:


[[Page 6669]]


    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2006-03-11 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-14475. Docket No. FAA-
2006-23799; Directorate Identifier 2004-NM-141-AD.

Effective Date

    (a) This AD becomes effective February 24, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all BAE Systems (Operations) Limited 
Model HS 748 series 2A and series 2B airplanes, certificated in any 
category.

Unsafe Condition

    (d) This AD results from incidents where an elevator gust lock 
re-engaged without input from the flightcrew, and may have caused a 
flight control restriction. We are issuing this AD to prevent 
uncommanded re-engagement of the elevator gust lock, which could 
result in restriction of the elevator's movement and consequent 
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.

Installation and Repetitive Inspections

    (f) Within 9 months after the effective date of this AD, install 
a baulking actuator system for the elevator gust lock in accordance 
with the Accomplishment Instructions of BAE Systems (Operations) 
Limited Service Bulletin HS748-27-135, Revision 2, dated October 2, 
2003.

    Note 1: BAE Systems (Operations) Limited Service Bulletin HS748-
27-135, Revision 2, dated October 2, 2003, refers to BAE Systems 
(Operations) Limited Alert Service Bulletin HS748-A27-128, Revision 
1, dated December 10, 2002; and BAE Systems (Operations) Limited 
Service Bulletin HS748-A27-76, Revision 3, dated December 20, 1996; 
as additional sources of service information for doing the 
installation.

    (g) At the later of the times specified in paragraphs (g)(1) or 
(g)(2), test the actuator system for correct operation in accordance 
with Appendix 2 of BAE Systems (Operations) Limited Service Bulletin 
HS748-27-135, Revision 2, dated October 2, 2003. Repeat the 
inspection thereafter at intervals not to exceed 750 flight hours or 
240 days, whichever occurs first. Correct any operation errors 
before further flight in accordance with a method approved by the 
FAA or the Civil Aviation Authority (CAA) (or its delegated agent).
    (1) 750 flight hours or 240 days after installation of the 
actuator system, whichever occurs first.
    (2) 750 flight hours or 240 days after the effective date of 
this AD, whichever occurs first.

Inspection of Any Installation Done in Accordance With Older Service 
Bulletin

    (h) For airplanes with a baulking actuator system installed in 
accordance with the Accomplishment Instructions of BAE Systems 
(Operations) Limited Service Bulletin HS748-27-135, Revision 1, 
dated December 10, 2002: Within 750 flight hours or 240 days after 
the effective date of this AD, whichever occurs first, do the 
actions specified in paragraphs (h)(1) and (h)(2) of this AD.
    (1) Do a general visual inspection of the actuator system for 
correct wiring in accordance with the Accomplishment Instructions of 
BAE Systems (Operations) Limited Service Bulletin HS748-27-135, 
Revision 2, dated October 2, 2003. Reroute any wiring as applicable 
before further flight in accordance with the service bulletin.
    (2) Do a functional test of the actuator system in accordance 
with Appendix 1 of BAE Systems (Operations) Limited Service Bulletin 
HS748-27-135, Revision 2, dated October 2, 2003.

    Note 2: For the purposes of this AD, a general visual inspection 
is: ``A visual examination of an interior or exterior area, 
installation, or assembly to detect obvious damage, failure, or 
irregularity. This level of inspection is made from within touching 
distance unless otherwise specified. A mirror may be necessary to 
ensure visual access to all surfaces in the inspection area. This 
level of inspection is made under normally available lighting 
conditions such as daylight, hangar lighting, flashlight, or 
droplight and may require removal or opening of access panels or 
doors. Stands, ladders, or platforms may be required to gain 
proximity to the area being checked.''

Previous Actions

    (i) Actions done before the effective date of this AD in 
accordance with BAE Systems (Operations) Limited Service Bulletin 
HS748-27-135, Revision 1, dated December 10, 2002, are considered 
acceptable for compliance with paragraphs (f) and (g) of this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(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

    (k) British airworthiness directives G-2004-0002, dated February 
18, 2004, and 003-12-2002, also address the subject of this AD.

Material Incorporated by Reference

    (l) You must use BAE Systems (Operations) Limited Service 
Bulletin HS748-27-135, Revision 2, dated October 2, 2003, to perform 
the actions that are required by this AD, unless the AD specifies 
otherwise. The Director of the Federal Register approved the 
incorporation by reference of this document in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Contact British Aerospace Regional 
Aircraft American Support, 13850 Mclearen Road, Herndon, Virginia 
20171, for a copy of this service information. You may review copies 
at the Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., room PL-401, Nassif 
Building, Washington, DC; on the Internet at http://dms.dot.gov; or 
at the National Archives and Records Administration (NARA). For 
information on the availability 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 January 26, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-1149 Filed 2-8-06; 8:45 am]
BILLING CODE 4910-13-P