[Federal Register Volume 71, Number 95 (Wednesday, May 17, 2006)]
[Rules and Regulations]
[Pages 28563-28565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4543]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-23215; Directorate Identifier 2005-NM-212-AD; 
Amendment 39-14596; AD 2006-10-12]
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: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
BAE Systems (Operations) Limited Model BAe 146 airplanes and Model Avro 
146-RJ airplanes. This AD requires 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 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.

DATES: This AD becomes effective June 21, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of June 21, 
2006.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
room PL-401, Washington, DC.
    Contact British Aerospace Regional Aircraft American Support, 13850 
Mclearen Road, Herndon, VA 20171, for service information identified in 
this AD.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, WA 98055-4056; telephone (425) 227-2125; 
fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

[[Page 28564]]

Examining the Docket

    You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to all BAE Systems 
(Operations) Limited Model BAe 146 airplanes and Model Avro 146-RJ 
airplanes. That NPRM was published in the Federal Register on December 
8, 2005 (70 FR 72938). That NPRM proposed to 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.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Request To Reference Revision 1 of Service Bulletin

    Air Wisconsin Airlines requests that we reference Revision 1 of BAE 
Systems (Operations) Limited Inspection Service Bulletin ISB.27-177, 
dated October 5, 2005, as the appropriate source of service information 
for accomplishing the actions in the NPRM. We referenced the original 
issue of BAE Systems (Operations) Limited Inspection Service Bulletin 
ISB.27-177, dated June 3, 2004, in the NPRM. The commenter states that 
Revision 1 of the service bulletin is divided into two parts, where the 
actions proposed in the NPRM are specified in Part 1 of the service 
bulletin and other actions--not related to the NPRM--are specified Part 
2. The commenter also states that Revision 1 corrects a typo to a 
certain part number.
    We agree. We have reviewed Revision 1 of the service bulletin and 
have determined that the procedures in Revision 1 are identical to 
those specified in the original issue of the service bulletin. The 
actions specified in Part 2 of the Accomplishment Instructions of 
Revision 1 are identical to other actions specified in the original 
issue of the service bulletin that are not required for addressing the 
unsafe condition of this AD. (Those actions also were not mandated by 
British airworthiness directive G-2005-0014, dated May 31, 2005.) 
Therefore, we have revised paragraph (f) of this AD to reference only 
Part 1 of the Accomplishment Instructions of Revision 1. We have also 
added a new paragraph (g) to this AD to give credit for actions done in 
accordance with the original issue of the service bulletin; we have 
reidentified the subsequent paragraphs in this AD accordingly.

Request To Identify the Part Numbers of Certain Bearings

    Modification and Replacement Parts Association (MARPA) requests 
that we either publish the referenced service bulletin with the AD, or 
incorporate by reference (IBR) it with the NPRM. If we IBR rather than 
publish the referenced service bulletin, then MARPA further requests 
that we identify the manufacturer and part numbers of the affected 
bearings in this AD. Unless we specify this information in the AD, 
MARPA states that there is no practical method for determining whether 
alternative parts to the affected bearings exist (under 14 CFR 21.303) 
without obtaining the necessary proprietary service bulletin.
    MARPA also comments on our practice of IBR and referencing 
proprietary service information. MARPA asserts that if we IBR 
proprietary service information with a public document, such as an AD, 
then that service information loses its protected copyright status and 
becomes a public document. MARPA also claims that IBR requires we 
provide a copy of the relevant service information to the Director of 
the Federal Register before the NPRM can be published. MARPA further 
states that: ``Merely referencing a service document without 
incorporation thus becomes an `end run' around the publication 
requirement while still requiring possession of a proprietary document 
in order to comply with the law.'' MARPA believes our practice of IBR 
is flawed legally.
    We do not agree to specify the affected part numbers in this AD. It 
is our general practice to reference the appropriate service 
information, since the affected part numbers are clearly specified in 
the referenced information. Not only does it appear redundant to repeat 
part numbers in an AD, but if there was a large number of parts 
involved, it would increase the risk of error in repeating those part 
numbers in an AD. We are currently in the process of reviewing issues 
surrounding the posting of service bulletins on the Department of 
Transportation's Docket Management System (DMS) as part of an AD 
docket. Once we have thoroughly examined all aspects of this issue and 
have made a final determination, we will consider whether our current 
practice needs to be revised. To delay this AD would be inappropriate, 
since we have determined that an unsafe condition exists and that 
replacement of certain parts must be accomplished to ensure continued 
safety. Therefore, no change has been made to the final rule in this 
regard.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, 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

    This AD affects about 21 airplanes of U.S. registry. The actions in 
this AD take about 75 work hours per airplane, at an average labor rate 
of $65 per work hour. Required parts cost about $3,192 per airplane. 
Based on these figures, the estimated cost of the 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 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.

[[Page 28565]]

    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 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:

    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):

2006-10-12 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-14596. Docket No. FAA-
2005-23215; Directorate Identifier 2005-NM-212-AD.

Effective Date

    (a) This AD becomes effective June 21, 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, the 
elevator servo tab mechanism bearings, elevator trim tab hinge 
bearings, and elevator trim tab drive rod bearings with new 
bearings, in accordance with Part 1 of the Accomplishment 
Instructions of BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.27-177, Revision 1, dated October 5, 2005. Repeat the 
replacements thereafter at intervals not to exceed 96 months.

Credit for Previous Service Bulletin

    (g) Actions done before the effective date of this AD in 
accordance with BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.27-177, dated June 3, 2004, are acceptable for 
compliance with the requirements of paragraph (f) of this AD.

Alternative Methods of Compliance (AMOCs)

    (h)(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

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

Material Incorporated by Reference

    (j) You must use BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB.27-177, Revision 1, dated October 5, 2005, 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 May 8, 2006.
Ali Bahrami,
Manager, , Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-4543 Filed 5-16-06; 8:45 am]
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