[Federal Register: August 21, 2008 (Volume 73, Number 163)]
[Proposed Rules]
[Page 49364-49366]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21au08-15]
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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]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited Model
BAE 146 and Avro 146-RJ Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed 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.
* * * * *
The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by September 22,
2008.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
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 this proposed AD, 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.
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:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0887;
Directorate Identifier 2007-NM-336-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2007-0277, dated November 5, 2007 (referred to
after this as ``the MCAI''), 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.
[[Page 49365]]
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. You may obtain
further information by examining the MCAI in the AD docket.
Relevant Service Information
BAE Systems (Operations) Limited has issued Inspection Service
Bulletin ISB.53-194, dated January 10, 2007. The actions described in
this service information are intended to correct the unsafe condition
identified in the MCAI.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
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 proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 1 product of U.S. registry. We also estimate that it
would take about 24 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Required parts would 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
costs. 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 the proposed AD on 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 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 this 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.
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, 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 FAA amends Sec. 39.13 by adding the following new AD:
BAE Systems (Operations) Limited (Formerly British Aerospace
Regional Aircraft): Docket No. FAA-2008-0887; Directorate Identifier
2007-NM-336-AD.
Comments Due Date
(a) We must receive comments by September 22, 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
[[Page 49366]]
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 paragraph (f)(3)
and (f)(4) of this AD.
(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.
Issued in Renton, Washington, on August 6, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-19364 Filed 8-20-08; 8:45 am]
BILLING CODE 4910-13-P