AD 2005-19-13

[Federal Register Volume 70, Number 182 (Wednesday, September 21, 2005)]
[Rules and Regulations]
[Pages 55234-55236]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 05-18521]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22453; Directorate Identifier 2002-NM-139-AD; 
Amendment 39-14278; AD 2005-19-13]
RIN 2120-AA64


Airworthiness Directives; British Aerospace Model HS 748 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
British Aerospace Model HS 748 airplanes. This AD requires modifying 
the undercarriage of the nose landing gear (NLG). This AD results from 
a report that pintle pins could be installed in an incorrect manner 
during maintenance without maintenance personnel being aware (or having 
feedback) that the pin was installed incorrectly. We are issuing this 
AD to prevent jamming or collapse of the NLG, which could result in 
damage to the airplane structure or injury to passengers or crew.

DATES: Effective October 6, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of October 6, 
2005.
    We must receive comments on this AD by November 21, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD.
    <bullet> DOT Docket Web site: Go to <a href="http://dms.dot.gov">http://dms.dot.gov</a> and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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 AD.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom, notified us that an unsafe condition 
may exist on all British Aerospace Model HS 748 Airplanes. The CAA 
advises that failure to follow the airplane's maintenance manual 
instructions for installing the nose landing gear (NLG) could result in 
incorrect assembly of the NLG. Incorrect assembly may result in the 
pintle pin being unlocked, so that it is free to migrate from its 
support housing. It is possible to install the pintle pin in an 
incorrect configuration without any knowledge or suspicion that the pin 
was installed incorrectly. Incorrect assembly of the pin, if not 
corrected, could result in jamming or collapse of the NLG, which could 
result in damage to the airplane structure or injury to passengers or 
crew.

Relevant Service Information

    British Aerospace has issued BAE Systems (Operations) Limited 
Service Bulletin HS748-32-104, dated April 9, 2002. The service 
bulletin describes

[[Page 55235]]

procedures for modifying the NLG undercarriage. Modifying the NLG 
undercarriage involves installing an additional baulking device by 
installing a location pin, lanyard, and a NLG that has had the actions 
of Dowty Service Bulletin 32-108E done on it. Accomplishing the actions 
specified in the service information is intended to adequately address 
the unsafe condition. The CAA issued British airworthiness directive 
003-04-2002, to ensure the continued airworthiness of these airplanes 
in the United Kingdom.

FAA's Determination and Requirements of This AD

    This airplane model is manufactured in the United Kingdom and is 
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. Pursuant 
to this bilateral airworthiness agreement, the CAA has kept the FAA 
informed of the situation described above. We have examined the CAA's 
findings, evaluated all pertinent information, and determined that we 
need to issue an AD for products of this type design that are 
certificated for operation in the United States.
    Therefore, we are issuing this AD to prevent jamming or collapse of 
the NLG, which could result in damage to the airplane structure or 
injury to passengers or crew. This AD requires accomplishing the 
actions specified in the service information described previously.

Costs of Compliance

    None of the airplanes affected by this action are on the U.S. 
Register. All airplanes affected by this AD are currently operated by 
non-U.S. operators under foreign registry; therefore, they are not 
directly affected by this AD action. However, we consider this AD 
necessary to ensure that the unsafe condition is addressed if any 
affected airplane is imported and placed on the U.S. Register in the 
future.
    If an affected airplane is imported and placed on the U.S. Register 
in the future, the required actions would take about 20 work hours per 
airplane, at an average labor rate of $65 per work hour. Based on these 
figures, the estimated cost of the AD would be $1,300 per airplane.

FAA's Determination of the Effective Date

    No airplane affected by this AD is currently on the U.S. Register. 
Therefore, providing notice and opportunity for public comment is 
unnecessary before this AD is issued, and this AD may be made effective 
in less than 30 days after it is published in the Federal Register.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Send your comments to the 
address listed under the ADDRESSES section. Include ``Docket No. FAA-
2005-22453; Directorate Identifier 2002-NM-139-AD'' at the beginning of 
your comments. We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of the AD that 
might suggest a need to modify it.
    We will post all comments we receive, without change, to <a href="http://dms.dot.gov">http://dms.dot.gov</a>, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this 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 
<a href="http://dms.dot.gov">http://dms.dot.gov</a>.

Examining the Docket

    You may examine the AD docket on the Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a>, 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.

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 the 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 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):

2005-19-13 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-14278. Docket No. FAA-
2005-22453; Directorate Identifier 2002-NM-139-AD.

[[Page 55236]]

Effective Date

    (a) This AD becomes effective October 6, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all BAE Systems (Operations) Limited 
Model HS 748 series 2A and series 2B airplanes, certificated in any 
category.

Unsafe Condition

    (d) This AD results from a report that pintle pins could be 
installed in an incorrect manner during maintenance without 
maintenance personnel being aware (or having feedback) that the pin 
was installed incorrectly. The FAA is issuing this AD to prevent 
jamming or collapse of the nose landing gear (NLG), which could 
result in damage to the airplane structure or injury to passengers 
or crew.

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.

Modifying the Undercarriage of the Nose Landing Gear

    (f) Within 64 months after the effective date of this AD, modify 
the undercarriage of the NLG in accordance with the Accomplishment 
Instructions of BAE Systems (Operations) Limited Service Bulletin 
HS748-32-104, dated April 9, 2002.

Alternative Methods of Compliance (AMOCs)

    (g) 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.

Related Information

    (h) British airworthiness directive 003-04-2002 also addresses 
the subject of this AD.

Material Incorporated by Reference

    (i) You must use BAE Systems (Operations) Limited Service 
Bulletin HS748-32-104, dated April 9, 2002, 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 <a href="http://dms.dot.gov">http://dms.dot.gov</a>; 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 <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Renton, Washington, on September 9, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-18521 Filed 9-20-05; 8:45 am]
BILLING CODE 4910-13-P