[Federal Register Volume 73, Number 225 (Thursday, November 20, 2008)]
[Rules and Regulations]
[Pages 70265-70267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26918]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0887; Directorate Identifier 2007-NM-336-AD; 
Amendment 39-15735; AD 2008-23-14]
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: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    During inspection of undercarriage main beam sidestays, bolts 
attaching the undercarriage main beam sidestay to frame 29 were 
found with the heads of the bolts sheared off. Loose bolt assemblies 
were also found.
    If sheared or loose bolts are not detected and replaced, a 
possible consequence is the collapse of the main landing gear.
* * * * *
We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective December 26, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 26, 
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on August 21, 2008 (73 
FR 49364). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    During inspection of undercarriage main beam sidestays, bolts 
attaching the undercarriage main beam sidestay to frame 29 were 
found with the heads of the bolts sheared off. Loose bolt assemblies 
were also found.
    If sheared or loose bolts are not detected and replaced, a 
possible consequence is the collapse of the main landing gear.
    For the reasons described above, this Airworthiness Directive 
(AD) requires a one-time [rotating eddy current] inspection of the 
bolt bores and bore dimensions and the installation of replacement 
bolts, as necessary.

Corrective actions include contacting BAE Systems (Operations) Limited 
for

[[Page 70266]]

repair instructions and repair, if necessary. You may obtain further 
information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect about 1 product of U.S. 
registry. We also estimate that it will take about 24 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $80 per work-hour. Required parts will cost about $1,000 
per product. Where the service information lists required parts costs 
that are covered under warranty, we have assumed that there will be no 
charge for these parts. As we do not control warranty coverage for 
affected parties, some parties may incur costs higher than estimated 
here. Based on these figures, we estimate the cost of this AD to the 
U.S. operators to be $2,920, or $2,920 per product.

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 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 this AD:
    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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

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

    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 FAA amends Sec.  39.13 by adding the following new AD:

2008-23-14 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-15735. Docket No. FAA-
2008-0887; Directorate Identifier 2007-NM-336-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
26, 2008.

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.

Subject

    (d) Air Transport Association (ATA) of America Code 53: 
Fuselage.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    During inspection of undercarriage main beam sidestays, bolts 
attaching the undercarriage main beam sidestay to frame 29 were 
found with the heads of the bolts sheared off. Loose bolt assemblies 
were also found.
    If sheared or loose bolts are not detected and replaced, a 
possible consequence is the collapse of the main landing gear.
    For the reasons described above, this Airworthiness Directive 
(AD) requires a one-time [rotating eddy current] inspection of the 
bolt bores and bore dimensions and the installation of replacement 
bolts, as necessary.

Corrective actions include contacting BAE Systems (Operations) 
Limited for repair instructions and repair, if necessary.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 4,000 flight cycles or 5 years, whichever occurs 
first after the effective date of this AD, perform the inspections 
to detect defects (including sheared or loose bolts) and do the bolt 
replacements in accordance with the instructions of paragraphs 
2.C.(1) through 2.C.(3), and paragraphs 2.D.(1) through 2.D.(3), of 
the Accomplishment Instructions of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-194, dated January 10, 2007, 
except as required by paragraphs (f)(2), (f)(3), and (f)(4) of this 
AD.
    (2) If any defect is found during the inspection specified in 
paragraph (f)(1) of this AD, before further flight, replace the 
affected bolts in accordance with the Accomplishment Instructions of 
BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53-
194, dated January 10, 2007, except as required by paragraphs (f)(3) 
and (f)(4) of this AD.

[[Page 70267]]

    (3) For airplanes on which replacement parts are not available 
during the replacement specified in paragraph (f)(2) of this AD, do 
the actions in paragraphs (f)(3)(i) and (f)(3)(ii) of this AD in 
accordance with the Accomplishment Instructions of BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.53-194, dated 
January 10, 2007.
    (i) Before further flight, temporarily reinstall removed 
oversized bolts, provided the bolts are serviceable.
    (ii) Within 2,000 flight cycles after doing the inspection 
required by paragraph (f)(1) of this AD, replace all temporary 
oversized bolts that were installed in accordance with paragraph 
(f)(3)(i) of this AD.
    (4) Where BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-194, dated January 10, 2007, specifies to contact 
BAE Systems (Operations) Limited if any defect is found in the 
second oversize fastener bore, before further flight, contact BAE 
Systems (Operations) Limited for repair instructions and do the 
repair.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, FAA, has the authority to approve AMOCs for 
this AD, if requested using the procedures found in 14 CFR 39.19. 
Send information to ATTN: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 227-1175; fax (425) 227-1149. Before using any approved AMOC 
on any airplane to which the AMOC applies, notify your appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2007-0277, dated November 5, 2007; and BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.53-194, dated 
January 10, 2007; for related information.

Material Incorporated by Reference

    (i) You must use BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB.53-194, dated January 10, 2007, to do the 
actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact BAE 
Systems Regional Aircraft, 13850 McLearen Road, Herndon, Virginia 
20171; telephone 703-736-1080; e-mail [email protected]; 
Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm.
    (3) You may review copies at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at 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 November 4, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. E8-26918 Filed 11-19-08; 8:45 am]
BILLING CODE 4910-13-P