Airworthiness Directives; BAE Systems (Operations) Limited Model BAe 146 Airplanes and Model Avro 146-RJ Airplanes, 28563-28565 [06-4543]
Download as PDF
<![CDATA[
Federal Register / Vol. 71, No. 95 / Wednesday, May 17, 2006 / Rules and Regulations
Federal reserve
bank
Rate
Cleveland ...........
Richmond ...........
Atlanta ................
Chicago ..............
St. Louis .............
Minneapolis ........
Kansas City .......
Dallas .................
San Francisco ....
6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
May
May
May
May
May
May
May
May
May
10,
10,
10,
10,
11,
10,
11,
10,
10,
2006.
2006.
2006.
2006.
2006.
2006.
2006.
2006.
2006.
(b) Secondary credit. The interest
rates for secondary credit provided to
depository institutions under 201.4(b)
are:
Federal reserve
bank
Rate
Boston ................
New York ...........
Philadelphia .......
Cleveland ...........
Richmond ...........
Atlanta ................
Chicago ..............
St. Louis .............
Minneapolis ........
Kansas City .......
Dallas .................
San Francisco ....
6.50
6.50
6.50
6.50
6.50
6.50
6.50
6.50
6.50
6.50
6.50
6.50
10,
10,
10,
10,
10,
10,
10,
11,
10,
11,
10,
10,
DEPARTMENT OF TRANSPORTATION
12 CFR Chapter II
RIN 2120–AA64
List of Subjects in 12 CFR Part 202
Airworthiness Directives; BAE
Systems (Operations) Limited Model
BAe 146 Airplanes and Model Avro
146–RJ Airplanes
Aged, Banks, banking, Civil rights,
Consumer protections, Credit,
Discrimination, Federal Reserve System,
Marital status discrimination, Penalties,
Religious discrimination, Sex
discrimination.
Effective
May
May
May
May
May
May
May
May
May
May
May
May
The Board
published a document in the Federal
Register on March 7, 2006, (71 FR
11296) which updated the addresses of
certain Federal enforcement agencies.
The Board is publishing this notice to
correct the address of the Office of the
Comptroller of the Currency.
SUPPLEMENTARY INFORMATION:
Effective
2006.
2006.
2006.
2006.
2006.
2006.
2006.
2006.
2006.
2006.
2006.
2006.
Authority and Issuance
For the reasons set forth in the
preamble, the Board amends 12 CFR
part 202 to read as follows:
I
PART 202—EQUAL CREDIT
OPPORTUNITY ACT (REGULATION B)
1. The authority citation for part 202
continues to read as follows:
I
Authority: 15 U.S.C. 1691–1691f.
*
*
*
*
*
By order of the Board of Governors of the
Federal Reserve System, May 11, 2006.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 06–4592 Filed 5–16–06; 8:45 am]
2. Appendix A is amended by revising
the following Federal Enforcement
Agency’s address to read as follows:
I
Appendix A to Part 202—Federal
Enforcement Agencies
BILLING CODE 6210–02–P
*
FEDERAL RESERVE SYSTEM
12 CFR Part 202
National banks, and federal branches and
federal agencies of foreign banks: Office of
the Comptroller of the Currency, Customer
Assistance Group, 1301 McKinney Street,
Suite 3450, Houston, TX 77010–9050
[Regulation B; Docket No. R–1251]
*
Equal Credit Opportunity
By order of the Board of Governors of the
Federal Reserve System, acting through the
Secretary of the Board under delegated
authority, May 11, 2006.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 06–4593 Filed 5–16–06; 8:45 am]
Board of Governors of the
Federal Reserve System.
ACTION: Final rule; technical
amendments.
dsatterwhite on PROD1PC76 with RULES
AGENCY:
SUMMARY: The Board is publishing a
technical amendment to Regulation B
(Equal Credit Opportunity Act) to
correct the address of the Office of the
Comptroller of the Currency as
published in the Federal Register on
March 7, 2006.
DATES: Effective Date: May 17, 2006.
FOR FURTHER INFORMATION CONTACT:
Minh-Duc T. Le, Senior Attorney,
Division of Consumer and Community
Affairs, Board of Governors of the
Federal Reserve System, at (202) 452–
3667. For the users of
Telecommunications Device for the Deaf
(‘‘TDD’’) only, contact (202) 263–4869.
VerDate Aug<31>2005
18:32 May 16, 2006
Jkt 208001
28563
*
*
*
*
*
*
*
*
BILLING CODE 6210–01–P
PO 00000
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–23215; Directorate
Identifier 2005–NM–212–AD; Amendment
39–14596; AD 2006–10–12]
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for all BAE
Systems (Operations) Limited Model
BAe 146 airplanes and Model Avro 146–
RJ airplanes. This AD requires repetitive
replacement of the elevator servo tab
hinge bearings, elevator servo tab
mechanism bearings, elevator trim tab
hinge bearings, and elevator trim tab
drive rod bearings with new bearings.
This AD results from reported incidents
of flight control surface restrictions due
to the deterioration of flight control
surface bearings. We are issuing this AD
to prevent corrosion of flight control
surface bearings and freezing of
moisture inside the bearings, due to loss
of lubrication in the bearings, which
could lead to flight control restrictions
and result in reduced controllability of
the airplane.
DATES: This AD becomes effective June
21, 2006.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of June 21, 2006.
ADDRESSES: You may examine the AD
docket on the Internet at https://
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, VA 20171, for
service information identified in this
AD.
Dan
Rodina, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, WA 98055–
4056; telephone (425) 227–2125; fax
(425) 227–1149.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Frm 00019
Fmt 4700
Sfmt 4700
E:\FR\FM\17MYR1.SGM
17MYR1
28564
Federal Register / Vol. 71, No. 95 / Wednesday, May 17, 2006 / Rules and Regulations
Examining the Docket
You may examine the airworthiness
directive (AD) docket on the Internet at
https://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 airplanes and
Model Avro 146–RJ airplanes. That
NPRM was published in the Federal
Register on December 8, 2005 (70 FR
72938). That NPRM proposed to require
repetitive replacement of the elevator
servo tab hinge bearings, elevator servo
tab mechanism bearings, elevator trim
tab hinge bearings, and elevator trim tab
drive rod bearings with new bearings.
dsatterwhite on PROD1PC76 with RULES
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments received.
Request To Reference Revision 1 of
Service Bulletin
Air Wisconsin Airlines requests that
we reference Revision 1 of BAE Systems
(Operations) Limited Inspection Service
Bulletin ISB.27–177, dated October 5,
2005, as the appropriate source of
service information for accomplishing
the actions in the NPRM. We referenced
the original issue of BAE Systems
(Operations) Limited Inspection Service
Bulletin ISB.27–177, dated June 3, 2004,
in the NPRM. The commenter states that
Revision 1 of the service bulletin is
divided into two parts, where the
actions proposed in the NPRM are
specified in Part 1 of the service bulletin
and other actions—not related to the
NPRM—are specified Part 2. The
commenter also states that Revision 1
corrects a typo to a certain part number.
We agree. We have reviewed Revision
1 of the service bulletin and have
determined that the procedures in
Revision 1 are identical to those
specified in the original issue of the
service bulletin. The actions specified in
Part 2 of the Accomplishment
Instructions of Revision 1 are identical
to other actions specified in the original
issue of the service bulletin that are not
required for addressing the unsafe
condition of this AD. (Those actions
also were not mandated by British
VerDate Aug<31>2005
18:32 May 16, 2006
Jkt 208001
airworthiness directive G–2005–0014,
dated May 31, 2005.) Therefore, we have
revised paragraph (f) of this AD to
reference only Part 1 of the
Accomplishment Instructions of
Revision 1. We have also added a new
paragraph (g) to this AD to give credit
for actions done in accordance with the
original issue of the service bulletin; we
have reidentified the subsequent
paragraphs in this AD accordingly.
examined all aspects of this issue and
have made a final determination, we
will consider whether our current
practice needs to be revised. To delay
this AD would be inappropriate, since
we have determined that an unsafe
condition exists and that replacement of
certain parts must be accomplished to
ensure continued safety. Therefore, no
change has been made to the final rule
in this regard.
Request To Identify the Part Numbers
of Certain Bearings
Modification and Replacement Parts
Association (MARPA) requests that we
either publish the referenced service
bulletin with the AD, or incorporate by
reference (IBR) it with the NPRM. If we
IBR rather than publish the referenced
service bulletin, then MARPA further
requests that we identify the
manufacturer and part numbers of the
affected bearings in this AD. Unless we
specify this information in the AD,
MARPA states that there is no practical
method for determining whether
alternative parts to the affected bearings
exist (under 14 CFR 21.303) without
obtaining the necessary proprietary
service bulletin.
MARPA also comments on our
practice of IBR and referencing
proprietary service information.
MARPA asserts that if we IBR
proprietary service information with a
public document, such as an AD, then
that service information loses its
protected copyright status and becomes
a public document. MARPA also claims
that IBR requires we provide a copy of
the relevant service information to the
Director of the Federal Register before
the NPRM can be published. MARPA
further states that: ‘‘Merely referencing
a service document without
incorporation thus becomes an ‘end run’
around the publication requirement
while still requiring possession of a
proprietary document in order to
comply with the law.’’ MARPA believes
our practice of IBR is flawed legally.
We do not agree to specify the
affected part numbers in this AD. It is
our general practice to reference the
appropriate service information, since
the affected part numbers are clearly
specified in the referenced information.
Not only does it appear redundant to
repeat part numbers in an AD, but if
there was a large number of parts
involved, it would increase the risk of
error in repeating those part numbers in
an AD. We are currently in the process
of reviewing issues surrounding the
posting of service bulletins on the
Department of Transportation’s Docket
Management System (DMS) as part of an
AD docket. Once we have thoroughly
Conclusion
We have carefully reviewed the
available data, including the comments
received, and determined that air safety
and the public interest require adopting
the AD with the changes described
previously. We have determined that
these changes will neither increase the
economic burden on any operator nor
increase the scope of the AD.
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
Costs of Compliance
This AD affects about 21 airplanes of
U.S. registry. The actions in this AD
take about 75 work hours per airplane,
at an average labor rate of $65 per work
hour. Required parts cost about $3,192
per airplane. Based on these figures, the
estimated cost of the AD for U.S.
operators is $169,407, or $8,067 per
airplane, per replacement cycle.
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.
E:\FR\FM\17MYR1.SGM
17MYR1
Federal Register / Vol. 71, No. 95 / Wednesday, May 17, 2006 / Rules and Regulations
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.
(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.
Repetitive Replacement
(f) Before the accumulation of 96 months
on a bearing since new, or within 16 months
after the effective date of this AD, whichever
is later: Replace the elevator servo tab hinge
bearings, the elevator servo tab mechanism
bearings, elevator trim tab hinge bearings,
and elevator trim tab drive rod bearings with
new bearings, in accordance with Part 1 of
the Accomplishment Instructions of BAE
Systems (Operations) Limited Inspection
Service Bulletin ISB.27–177, Revision 1,
dated October 5, 2005. Repeat the
replacements thereafter at intervals not to
exceed 96 months.
Credit for Previous Service Bulletin
(g) Actions done before the effective date
of this AD in accordance with BAE Systems
(Operations) Limited Inspection Service
Bulletin ISB.27–177, dated June 3, 2004, are
acceptable for compliance with the
requirements of paragraph (f) of this AD.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
Alternative Methods of Compliance
(AMOCs)
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
Compliance
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
I
(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 § 39.19 on any airplane to
which the AMOC applies, notify the
appropriate principal inspector in the FAA
Flight Standards Certificate Holding District
Office.
2006–10–12 BAE Systems (Operations)
Limited (Formerly British Aerospace
Regional Aircraft): Amendment 39–
14596. Docket No. FAA–2005–23215;
Directorate Identifier 2005–NM–212–AD.
Related Information
Effective Date
(a) This AD becomes effective June 21,
2006.
Material Incorporated by Reference
Affected ADs
(b) None.
dsatterwhite on PROD1PC76 with RULES
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 reported incidents
of flight control surface restrictions due to
the deterioration of flight control surface
bearings. We are issuing this AD to prevent
corrosion of flight control surface bearings
and freezing of moisture inside the bearings,
due to loss of lubrication in the bearings,
which could lead to flight control restrictions
and result in reduced controllability of the
airplane.
VerDate Aug<31>2005
18:32 May 16, 2006
Jkt 208001
(i) British airworthiness directive G–2005–
0014, dated May 31, 2005, also addresses the
subject of this AD.
(j) You must use BAE Systems (Operations)
Limited Inspection Service Bulletin ISB.27–
177, Revision 1, dated October 5, 2005, 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
https://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 https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
28565
Issued in Renton, Washington, on May 8,
2006.
Ali Bahrami,
Manager, , Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 06–4543 Filed 5–16–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–22254; Directorate
Identifier 2005–NM–001–AD; Amendment
39–14598; AD 2006–10–14]
RIN 2120–AA64
Airworthiness Directives; McDonnell
Douglas Model DC–9–10, DC–9–20,
DC–9–30, DC–9–40, and DC–9–50
Series Airplanes; Model DC–9–81 (MD–
81), DC–9–82 (MD–82), DC–9–83 (MD–
83), and DC–9–87 (MD–87) Airplanes;
Model MD–88 Airplanes; Model MD–
90–30 Airplanes; and Model 717–200
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain
McDonnell Douglas transport category
airplanes. This AD requires an
inspection to determine the part number
of the upper and lower stop pad support
fittings of all the lower cargo doors,
repetitive inspections of all early
configuration stop pad support fittings,
and corrective action if necessary. This
AD also provides an optional
terminating action for the repetitive
inspections. This AD results from a
report of cracks found in the area of the
upper and lower stop pad support
fittings of the cargo door pan on
numerous airplanes. We are issuing this
AD to prevent cracks in the cargo door
pan, which could result in the inability
to fully pressurize an airplane, possible
pressure loss, or possible rapid
decompression of the airplane.
DATES: This AD becomes effective June
21, 2006.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of June 21, 2006.
ADDRESSES: You may examine the AD
docket on the Internet at https://
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.
E:\FR\FM\17MYR1.SGM
17MYR1
]]>Agencies
[Federal Register Volume 71, Number 95 (Wednesday, May 17, 2006)]
[Rules and Regulations]
[Pages 28563-28565]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4543]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-23215; Directorate Identifier 2005-NM-212-AD;
Amendment 39-14596; AD 2006-10-12]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited Model
BAe 146 Airplanes and Model Avro 146-RJ Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
BAE Systems (Operations) Limited Model BAe 146 airplanes and Model Avro
146-RJ airplanes. This AD requires repetitive replacement of the
elevator servo tab hinge bearings, elevator servo tab mechanism
bearings, elevator trim tab hinge bearings, and elevator trim tab drive
rod bearings with new bearings. This AD results from reported incidents
of flight control surface restrictions due to the deterioration of
flight control surface bearings. We are issuing this AD to prevent
corrosion of flight control surface bearings and freezing of moisture
inside the bearings, due to loss of lubrication in the bearings, which
could lead to flight control restrictions and result in reduced
controllability of the airplane.
DATES: This AD becomes effective June 21, 2006.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of June 21,
2006.
ADDRESSES: You may examine the AD docket on the Internet at https://
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, VA 20171, for service information identified in
this AD.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, WA 98055-4056; telephone (425) 227-2125;
fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
[[Page 28564]]
Examining the Docket
You may examine the airworthiness directive (AD) docket on the
Internet at https://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 airplanes and Model Avro 146-RJ
airplanes. That NPRM was published in the Federal Register on December
8, 2005 (70 FR 72938). That NPRM proposed to require repetitive
replacement of the elevator servo tab hinge bearings, elevator servo
tab mechanism bearings, elevator trim tab hinge bearings, and elevator
trim tab drive rod bearings with new bearings.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Request To Reference Revision 1 of Service Bulletin
Air Wisconsin Airlines requests that we reference Revision 1 of BAE
Systems (Operations) Limited Inspection Service Bulletin ISB.27-177,
dated October 5, 2005, as the appropriate source of service information
for accomplishing the actions in the NPRM. We referenced the original
issue of BAE Systems (Operations) Limited Inspection Service Bulletin
ISB.27-177, dated June 3, 2004, in the NPRM. The commenter states that
Revision 1 of the service bulletin is divided into two parts, where the
actions proposed in the NPRM are specified in Part 1 of the service
bulletin and other actions--not related to the NPRM--are specified Part
2. The commenter also states that Revision 1 corrects a typo to a
certain part number.
We agree. We have reviewed Revision 1 of the service bulletin and
have determined that the procedures in Revision 1 are identical to
those specified in the original issue of the service bulletin. The
actions specified in Part 2 of the Accomplishment Instructions of
Revision 1 are identical to other actions specified in the original
issue of the service bulletin that are not required for addressing the
unsafe condition of this AD. (Those actions also were not mandated by
British airworthiness directive G-2005-0014, dated May 31, 2005.)
Therefore, we have revised paragraph (f) of this AD to reference only
Part 1 of the Accomplishment Instructions of Revision 1. We have also
added a new paragraph (g) to this AD to give credit for actions done in
accordance with the original issue of the service bulletin; we have
reidentified the subsequent paragraphs in this AD accordingly.
Request To Identify the Part Numbers of Certain Bearings
Modification and Replacement Parts Association (MARPA) requests
that we either publish the referenced service bulletin with the AD, or
incorporate by reference (IBR) it with the NPRM. If we IBR rather than
publish the referenced service bulletin, then MARPA further requests
that we identify the manufacturer and part numbers of the affected
bearings in this AD. Unless we specify this information in the AD,
MARPA states that there is no practical method for determining whether
alternative parts to the affected bearings exist (under 14 CFR 21.303)
without obtaining the necessary proprietary service bulletin.
MARPA also comments on our practice of IBR and referencing
proprietary service information. MARPA asserts that if we IBR
proprietary service information with a public document, such as an AD,
then that service information loses its protected copyright status and
becomes a public document. MARPA also claims that IBR requires we
provide a copy of the relevant service information to the Director of
the Federal Register before the NPRM can be published. MARPA further
states that: ``Merely referencing a service document without
incorporation thus becomes an `end run' around the publication
requirement while still requiring possession of a proprietary document
in order to comply with the law.'' MARPA believes our practice of IBR
is flawed legally.
We do not agree to specify the affected part numbers in this AD. It
is our general practice to reference the appropriate service
information, since the affected part numbers are clearly specified in
the referenced information. Not only does it appear redundant to repeat
part numbers in an AD, but if there was a large number of parts
involved, it would increase the risk of error in repeating those part
numbers in an AD. We are currently in the process of reviewing issues
surrounding the posting of service bulletins on the Department of
Transportation's Docket Management System (DMS) as part of an AD
docket. Once we have thoroughly examined all aspects of this issue and
have made a final determination, we will consider whether our current
practice needs to be revised. To delay this AD would be inappropriate,
since we have determined that an unsafe condition exists and that
replacement of certain parts must be accomplished to ensure continued
safety. Therefore, no change has been made to the final rule in this
regard.
Conclusion
We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD with the changes described previously.
We have determined that these changes will neither increase the
economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
This AD affects about 21 airplanes of U.S. registry. The actions in
this AD take about 75 work hours per airplane, at an average labor rate
of $65 per work hour. Required parts cost about $3,192 per airplane.
Based on these figures, the estimated cost of the AD for U.S. operators
is $169,407, or $8,067 per airplane, per replacement cycle.
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.
[[Page 28565]]
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):
2006-10-12 BAE Systems (Operations) Limited (Formerly British
Aerospace Regional Aircraft): Amendment 39-14596. Docket No. FAA-
2005-23215; Directorate Identifier 2005-NM-212-AD.
Effective Date
(a) This AD becomes effective June 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 reported incidents of flight control
surface restrictions due to the deterioration of flight control
surface bearings. We are issuing this AD to prevent corrosion of
flight control surface bearings and freezing of moisture inside the
bearings, due to loss of lubrication in the bearings, which could
lead to flight control restrictions and result in reduced
controllability of the airplane.
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.
Repetitive Replacement
(f) Before the accumulation of 96 months on a bearing since new,
or within 16 months after the effective date of this AD, whichever
is later: Replace the elevator servo tab hinge bearings, the
elevator servo tab mechanism bearings, elevator trim tab hinge
bearings, and elevator trim tab drive rod bearings with new
bearings, in accordance with Part 1 of the Accomplishment
Instructions of BAE Systems (Operations) Limited Inspection Service
Bulletin ISB.27-177, Revision 1, dated October 5, 2005. Repeat the
replacements thereafter at intervals not to exceed 96 months.
Credit for Previous Service Bulletin
(g) Actions done before the effective date of this AD in
accordance with BAE Systems (Operations) Limited Inspection Service
Bulletin ISB.27-177, dated June 3, 2004, are acceptable for
compliance with the requirements of paragraph (f) of this AD.
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) British airworthiness directive G-2005-0014, dated May 31,
2005, also addresses the subject of this AD.
Material Incorporated by Reference
(j) You must use BAE Systems (Operations) Limited Inspection
Service Bulletin ISB.27-177, Revision 1, dated October 5, 2005, 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 https://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 https://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on May 8, 2006.
Ali Bahrami,
Manager, , Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 06-4543 Filed 5-16-06; 8:45 am]
BILLING CODE 4910-13-P
