[Federal Register Volume 71, Number 221 (Thursday, November 16, 2006)]
[Rules and Regulations]
[Pages 66666-66668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19148]



[[Page 66666]]

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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; 
Amendment 39-14828; AD 2006-23-16]
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: 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 and Avro 146-RJ 
airplanes. This AD requires modifying the nose landing gear. 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.

DATES: This AD becomes effective December 21, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of December 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, 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 98057-3356; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

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 and Avro 146-RJ airplanes. That NPRM 
was published in the Federal Register on July 25, 2006 (71 FR 42065). 
That NPRM proposed to require modifying the nose landing gear.

Comments

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

Request To Publish Service Information

    The Modification and Replacement Parts Association (MARPA) states 
that, typically, ADs are based on service information originating with 
the type certificate holder or its suppliers. MARPA adds that 
manufacturer service documents are privately authored instruments 
generally having copyright protection against duplication and 
distribution. MARPA notes that when a service document is incorporated 
by reference into a public document, such as an AD, it loses its 
private, protected status and becomes a public document. MARPA adds 
that if a service document is used as a mandatory element of 
compliance, it should not simply be referenced, but should be 
incorporated into the regulatory document; by definition, public laws 
must be public, which means they cannot rely upon private writings. 
MARPA adds that incorporated by reference service documents should be 
made available to the public by publication in the Docket Management 
System (DMS), keyed to the action that incorporates them. MARPA notes 
that the stated purpose of the incorporation by reference method is 
brevity, to keep from expanding the Federal Register needlessly by 
publishing documents already in the hands of the affected individuals; 
traditionally, ``affected individuals'' means aircraft owners and 
operators, who are generally provided service information by the 
manufacturer. MARPA adds that a new class of affected individuals has 
emerged, since the majority of aircraft maintenance is now performed by 
specialty shops instead of aircraft owners and operators. MARPA notes 
that this new class includes maintenance and repair organizations, 
component servicing and repair shops, parts purveyors and distributors, 
and organizations manufacturing or servicing alternatively certified 
parts under section 21.303 of the Federal Aviation Regulations (14 CFR 
21.303). MARPA adds that the concept of brevity is now nearly archaic 
as documents exist more frequently in electronic format than on paper. 
Therefore, MARPA asks that the service documents deemed essential to 
the accomplishment of the NPRM be incorporated by reference into the 
regulatory instrument and published in the DMS.
    We do not agree that documents should be incorporated by reference 
during the NPRM phase of rulemaking. The Office of the Federal Register 
(OFR) requires that documents that are necessary to accomplish the 
requirements of the AD be incorporated by reference during the final 
rule phase of rulemaking. This final rule incorporates by reference the 
document necessary for the accomplishment of the requirements mandated 
by this AD. Further, we point out that while documents that are 
incorporated by reference do become public information, they do not 
lose their copyright protection. For that reason, we advise the public 
to contact the manufacturer to obtain copies of the referenced service 
information.
    In regard to the commenter's request that service documents be made 
available to the public by publication in the Federal Register, we 
agree that incorporation by reference was authorized to reduce the 
volume of material published in the Federal Register and the Code of 
Federal Regulations. However, as specified in the Federal Register 
Document Drafting Handbook, the Director of the OFR decides when an 
agency may incorporate material by reference. As the commenter is 
aware, the OFR files documents for public inspection on the workday 
before the date of publication of the rule at its office in Washington, 
DC. As stated in the Federal Register Document Drafting Handbook, when 
documents are filed for public inspection, anyone may inspect or copy 
file documents during the OFR's hours of business. Further questions 
regarding publication of documents in the Federal Register or 
incorporation by reference should be directed to the OFR.
    In regard to the commenter's request to post service bulletins on 
the Department of Transportation's DMS, we are currently in the process 
of reviewing issues surrounding the posting of service bulletins on the 
DMS as part of an AD docket. Once we have

[[Page 66667]]

thoroughly examined all aspects of this issue and have made a final 
determination, we will consider whether our current practice needs to 
be revised. No change to the final rule is necessary in response to 
this comment.

Conclusion

    We have carefully reviewed the available data, including the 
comment received, and determined that air safety and the public 
interest require adopting the AD as proposed.

Costs of Compliance

    This AD affects about 53 airplanes of U.S. registry. The required 
actions 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 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 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 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):

2006-23-16 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-14828. Docket No. FAA-
2006-25437; Directorate Identifier 2006-NM-136-AD.

Effective Date

    (a) This AD becomes effective December 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 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. BAE 
Systems (Operations) Limited BAe 146/Avro 146-RJ 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.

Material Incorporated by Reference

    (j) You must use BAE Systems (Operations) Limited Modification 
Service Bulletin 32-174-70676A, dated February 21, 2006, 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.


[[Page 66668]]


    Issued in Renton, Washington, on November 7, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-19148 Filed 11-15-06; 8:45 am]
BILLING CODE 4910-13-P