[Federal Register Volume 64, Number 123 (Monday, June 28, 1999)]
[Proposed Rules]
[Pages 34586-34588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16330]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-331-AD]
RIN 2120-AA64
Airworthiness Directives; British Aerospace Model BAe 146 and
Avro 146-RJ Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to all British Aerospace Model BAe
146 series airplanes and certain British Aerospace Model Avro 146-RJ
series airplanes. This proposal would require repetitive eddy current
inspections to detect fatigue cracking along the face of the retraction
attachment boss in the nose landing gear sidewall; and corrective
action, if necessary. This proposal is prompted by issuance of
mandatory continuing airworthiness information by a foreign civil
aviation authority. The actions specified by the proposed AD are
intended to detect and correct fatigue cracking along the face of the
retraction attachment boss in the nose landing gear sidewall, which
could result in failure of the nose landing gear during takeoff and
landing.
DATES: Comments must be received by July 28, 1999.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 98-NM-331-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except
Federal holidays.
The service information referenced in the proposed rule may be
obtained from AI(R) American Support, Inc., 13850 Mclearen Road,
Herndon, Virginia 20171. This information may be examined at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington.
FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2110; fax (425) 227-1149.
[[Page 34587]]
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this notice may be changed in
light of the comments received.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 98-NM-331-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 98-NM-331-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Civil Aviation Authority (CAA), which is the airworthiness
authority for the United Kingdom, notified the FAA that an unsafe
condition may exist on all British Aerospace Model BAe 146 series
airplanes and certain British Aerospace Model Avro 146-RJ series
airplanes. The CAA advises that it has received reports of fatigue
cracking in the retraction jack attachment boss on the left-hand nose
landing gear sidewall on several in-service aircraft, which in some
circumstances has led to replacement of the sidewall. Such fatigue
cracking, if not corrected, could result in failure of the nose landing
gear during takeoff and landing.
Explanation of Relevant Service Information
British Aerospace has issued Service Bulletin SB.53-152, dated
October 8, 1998, which describes procedures for repetitive eddy current
inspections to detect cracking along the face of the retraction
attachment boss in the nose landing gear sidewall, and repair, if
necessary. The CAA classified this service bulletin as mandatory and
issued British airworthiness directive 015-10-98 in order to assure the
continued airworthiness of these airplanes in the United Kingdom.
FAA's Conclusions
These airplane models are manufactured in the United Kingdom and
are type certificated for operation in the United States under the
provisions of Sec. 21.29 of the Federal Aviation Regulations (14 CFR
21.29) and the applicable bilateral airworthiness agreement. Pursuant
to this bilateral airworthiness agreement, the CAA has kept the FAA
informed of the situation described above. The FAA has examined the
findings of the CAA, reviewed all available information, and determined
that AD action is necessary for products of this type design that are
certificated for operation in the United States.
Explanation of Requirements of Proposed Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, the proposed AD would require accomplishment of
the actions specified in the service bulletin described previously,
except as discussed below.
Differences Between the Proposed Rule and the Relevant Service
Information
Operators should note that, although the service bulletin specifies
that the manufacturer must be contacted for disposition of cracks, this
proposal would require the repair of those cracks to be accomplished in
accordance with a method approved by either the FAA, or the CAA (or its
delegated agent). In light of the type of repair that would be required
to address the identified unsafe condition, and in consonance with
existing bilateral airworthiness agreements, the FAA has determined
that, for this proposed AD, a repair approved by either the FAA or the
CAA would be acceptable for compliance with this proposed AD.
Interim Action
This is considered to be an interim action until final action is
identified, at which time the FAA may consider further rulemaking.
Cost Impact
The FAA estimates that 44 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 1 work
hour per airplane to accomplish the proposed inspection, and that the
average labor rate is $60 per work hour. Based on these figures, the
cost impact of the proposed AD on U.S. operators is estimated to be
$2,640, or $60 per airplane, per inspection cycle.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the proposed requirements of
this AD action, and that no operator would accomplish those actions in
the future if this AD were not adopted.
Regulatory Impact
The regulations proposed herein would not have substantial direct
effects 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. Therefore, in
accordance with Executive Order 12612, it is determined that this
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
For the reasons discussed above, I certify that 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) if promulgated, 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. A copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (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.
[[Page 34588]]
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
British Aerospace Regional Aircraft (Formerly British Aerospace
Regional Aircraft Limited, Avro International Aerospace Division;
British Aerospace, PLC; British Aerospace Commercial Aircraft
Limited): Docket 98-NM-331-AD.
Applicability: Model BAe 146 and Avro 146-RJ series airplanes,
as listed in British Aerospace Service Bulletin SB.53-152, dated
October 8, 1998, certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (c) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To detect and correct fatigue cracking along the face of the
retraction attachment boss in the nose landing gear sidewall, which
could result in failure of the nose landing gear during takeoff and
landing, accomplish the following:
Repetitive Inspection
(a) Prior to the accumulation of 8,000 total flight cycles, or
within 200 flight cycles after the effective date of this AD,
whichever occurs later, perform an eddy current inspection to detect
cracking along the face of the retraction attachment boss in the
nose landing gear sidewall, in accordance with British Aerospace
Service Bulletin SB.53-152, dated October 8, 1998. Thereafter,
repeat the eddy current inspection at intervals not to exceed 2,600
flight cycles.
Repair
(b) If any crack is detected, prior to further flight, repair in
accordance with a method approved by either the Manager,
International Branch, ANM-116, FAA, Transport Airplane Directorate;
or the Civil Aviation Authority (or its delegated agent). For a
repair method to be approved by the Manager, International Branch,
ANM-116, as required by this paragraph, the Manager's approval
letter must specifically reference this AD.
Alternative Methods of Compliance
(c) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, International Branch, ANM-116.
Operators shall submit their requests through an appropriate FAA
Principal Maintenance Inspector, who may add comments and then send
it to the Manager, International Branch, ANM-116.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the International Branch, ANM-116.
Special Flight Permits
(d) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
Note 3: The subject of this AD is addressed in British
airworthiness directive 015-10-98.
Issued in Renton, Washington, on June 22, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-16330 Filed 6-25-99; 8:45 am]
BILLING CODE 4910-13-U