[Federal Register Volume 71, Number 142 (Tuesday, July 25, 2006)]
[Proposed Rules]
[Pages 42065-42067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11806]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25437; Directorate Identifier 2006-NM-136-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146 and 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 and Avro 146-RJ 
airplanes. This proposed AD would require modifying the nose landing 
gear. This proposed AD results from reports of loss of the nose wheel 
assembly. We are proposing this AD to prevent the nose wheel nut from 
loosening, and consequently, the nose wheel assembly detaching from the 
airplane; and to prevent the nose wheel clamping loads from applying to 
the machined radius at the root of the stub axle, which could result in 
damage to the nose landing gear.

DATES: We must receive comments on this proposed AD by August 24, 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: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601

[[Page 42066]]

Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 227-
1175; 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-2006-
25437; Directorate Identifier 2006-NM-136-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 European Aviation Safety Agency (EASA), which is the 
airworthiness authority for the European Union, notified us that an 
unsafe condition may exist on all BAE Systems (Operations) Limited 
Model BAe 146 and Avro 146-RJ airplanes. The EASA advises that there 
have been reports of loss of the nose wheel assembly on in-service 
airplanes. Investigation revealed that the nose wheel axle spacers were 
installed incorrectly, which prevents the wheel attachment nut from 
being locked onto the axle shaft. This condition, if not corrected, 
could result in the nose wheel nut loosening, and consequently, the 
nose wheel assembly detaching from the airplane; or could result in the 
nose wheel clamping loads applying to the machined radius at the root 
of the stub axle, which could result in damage to the nose landing 
gear.

Relevant Service Information

    BAE Systems (Operations) Limited has issued Modification Service 
Bulletin 32-174-70676A, dated February 21, 2006. The modification 
service bulletin describes procedures for modifying the nose landing 
gear. The modification involves removing and installing modified nose 
wheel axle spacers on the nose landing gear. Accomplishing the actions 
specified in the service information is intended to adequately address 
the unsafe condition. The EASA mandated the service information and 
issued airworthiness directive 2006-0137, dated May 23, 2006, to ensure 
the continued airworthiness of these airplanes in the European Union.
    The modification service bulletin refers to Messier-Dowty Service 
Bulletin 146-32-161, dated March 2, 2005, as an additional source of 
service information for accomplishing the modification.

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. As 
described in FAA Order 8100.14A, ``Interim Procedures for Working with 
the European Community on Airworthiness Certification and Continued 
Airworthiness,'' dated August 12, 2005, the EASA has kept the FAA 
informed of the situation described above. We have examined the EASA'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 53 airplanes of U.S. registry. 
The proposed actions would take about 2 work hours per airplane, at an 
average labor rate of $80 per work hour. The manufacturer states that 
it will supply required parts to the operators at no cost. Based on 
these figures, the estimated cost of the proposed AD for U.S. operators 
is $8,480, or $160 per airplane.

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,

[[Page 42067]]

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-2006-25437; Directorate 
Identifier 2006-NM-136-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by August 
24, 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 reports of loss of the nose wheel 
assembly. We are issuing this AD to prevent the nose wheel nut from 
loosening, and consequently, the nose wheel assembly detaching from 
the airplane; and to prevent the nose wheel clamping loads from 
applying to the machined radius at the root of the stub axle, which 
could result in damage to the nose 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.

Modification

    (f) Within 12 months after the effective date of this AD, modify 
the nose landing gear in accordance with the Accomplishment 
Instructions of BAE Systems (Operations) Limited Modification 
Service Bulletin 32-174-70676A, dated February 21, 2006.

    Note 1: BAE Systems (Operations) Limited Modification Service 
Bulletin 32-174-70676A refers to Messier-Dowty Service Bulletin 146-
32-161, dated March 2, 2005, as an additional source of service 
information for accomplishing the modification.


    Note 2: BAE Systems (Operations) Limited Modification Service 
Bulletin 32-174-70676A refers to the abutment ring as a spacer. 
Airplane Maintenance Manual (AMM) 32-42-17 401 identifies this part 
as an abutment ring (item 4). Item 3 of the AMM is identified as a 
spacer but this is not the part described in the modification 
service bulletin.

No Reporting

    (g) Although the service bulletin referenced in this AD 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

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) European Aviation Safety Agency (EASA) airworthiness 
directive 2006-0137, dated May 23, 2006, also addresses the subject 
of this AD.

    Issued in Renton, Washington, on July 17, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-11806 Filed 7-24-06; 8:45 am]
BILLING CODE 4910-13-P