[Federal Register Volume 76, Number 166 (Friday, August 26, 2011)]
[Proposed Rules]
[Pages 53348-53351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21851]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0908; Directorate Identifier 2010-NM-251-AD]
RIN 2120-AA64


Airworthiness Directives; BAE SYSTEMS (Operations) Limited Model 
BAe 146 Airplanes and Model 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 that would supersede an existing AD. 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:
* * * * *
    * * * BAE Systems (Operations) Limited has amended the AMM 
[aircraft maintenance manual] to remove the life limits on shock 
absorber assemblies, but not the individual shock absorber 
components, and amend the life limits on the different standards of 
Main Landing Gear (MLG) Up-Locks and MLG Door Up-Locks in sub-
chapter 05-10-15. In addition BAE Systems has amended Chapter 05-10-
15 of the AMM to introduce and amend life limits on MLG components.
* * * * *
The unsafe condition is fatigue cracking of certain structural elements 
which

[[Page 53349]]

could adversely affect the structural integrity of these airplanes. 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 October 11, 
2011.

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 W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact BAE 
SYSTEMS (OPERATIONS) LIMITED, Customer Information Department, 
Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United 
Kingdom; telephone +44 1292 675207; fax +44 1292 675704; e-mail 
[email protected]; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may review copies of the 
referenced service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information 
on the availability of this material at the FAA, call 425-227-1221.

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-2011-0908; 
Directorate Identifier 2010-NM-251-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

    On May 3, 2010, we issued AD 2010-10-22, Amendment 39-16301 (75 FR 
28463, May 21, 2010). That AD required actions intended to address an 
unsafe condition on the products listed above.
    Since we issued AD 2010-10-22, we have determined that new life 
limits on certain main landing gear components are necessary. The 
European Aviation Safety Agency (EASA), which is the Technical Agent 
for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2010-0166, dated August 6, 2010 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    The BAe 146/AVRO 146-RJ Aircraft Maintenance Manual (AMM) 
includes chapters 05-10 ``Time Limits'', 05-15 ``Critical Design 
Configuration Control Limitations (CDCCL)--Fuel System Description 
and Operation'' and 05-20 ``Scheduled Maintenance Checks'', some 
sub-chapters of which have been identified as requirements for 
continued airworthiness and [EASA] AD 2009-0215 [which corresponds 
to FAA AD 2010-10-22] was issued to require operators to comply with 
those instructions.
    Since the issuance of that AD [2009-0215] BAE Systems 
(Operations) Limited has amended the AMM to remove the life limits 
on shock absorber assemblies, but not the individual shock absorber 
components, and amend the life limits on the different standards of 
Main Landing Gear (MLG) Up-Locks and MLG Door Up-Locks in sub-
chapter 05-10-15. In addition BAE Systems has amended Chapter 05-10-
15 of the AMM to introduce and amend life limits on MLG components.
    For the reasons described above, this [EASA] AD amends the 
requirements of AD 2009-0215, which is superseded, and requires the 
implementation of the instructions, limitations, inspections and 
corrective measures as specified in the defined parts of Chapter 05 
of the AMM at Revision 100.

The unsafe condition is fatigue cracking of certain structural elements 
which could adversely affect the structural integrity of these 
airplanes. You may obtain further information by examining the MCAI in 
the AD docket.

Relevant Service Information

    BAE SYSTEMS (Operations) Limited has issued Subject 05-10-15, 
``Aircraft Equipment Airworthiness Limitations,'' of Chapter 05, ``Time 
Limits/Maintenance Checks,'' of BAe 146 Series/AVRO 146-RJ Series 
Aircraft Maintenance Manual, Revision 104, dated April 15, 2011. 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 2 products of U.S. registry.
    The actions that are required by AD 2010-10-22 and retained in this 
proposed AD take about 2 work-hours per product, at an average labor 
rate of $85 per work hour. Required parts cost

[[Page 53350]]

about $0 per product. Based on these figures, the estimated cost of the 
currently required actions is $170 per product.
    We estimate that it would take about 1 work-hour per product to 
comply with the new basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of the proposed AD on U.S. operators to be $170, or $85 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),
    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, Incorporation by 
reference, 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 removing Amendment 39-16301 (75 FR 
28463, May 21, 2010) and adding the following new AD:

BAE SYSTEMS (OPERATIONS) LIMITED: Docket No. FAA-2011-0908; 
Directorate Identifier 2010-NM-251-AD.

Comments Due Date

    (a) We must receive comments by October 11, 2011.

Affected ADs

    (b) This AD supersedes AD 2010-10-22, Amendment 39-16301.

Applicability

    (c) This AD applies to all BAE SYSTEMS (OPERATIONS) LIMITED 
Model BAe 146-100A, -200A, and -300A airplanes; and Model Avro 146-
RJ70A, 146-RJ85A, and 146-RJ100A airplanes; certificated in any 
category.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new actions (e.g., inspections) 
and/or Critical Design Configuration Control Limitations (CDCCLs). 
Compliance with these actions and/or CDCCLs is required by 14 CFR 
91.403(c). For airplanes that have been previously modified, 
altered, or repaired in the areas addressed by this AD, the operator 
may not be able to accomplish the actions described in the 
revisions. In this situation to comply with 14 CFR 91.403(c), the 
operator must request approval of an alternative method of 
compliance (AMOC) according to paragraph (l) of this AD. The request 
should include a description of changes to the required actions that 
will ensure the continued operational safety of the airplane.

Subject

    (d) Air Transport Association (ATA) of America Code 05

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
* * * * *
    * * * BAE Systems (Operations) Limited has amended the AMM 
[aircraft maintenance manual] to remove the life limits on shock 
absorber assemblies, but not the individual shock absorber 
components, and amend the life limits on the different standards of 
Main Landing Gear (MLG) Up-Locks and MLG Door Up-Locks in sub-
chapter 05-10-15. In addition BAE Systems has amended Chapter 05-10-
15 of the AMM to introduce and amend life limits on MLG components.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Restatement of Certain Requirements of AD 2010-10-22

New Airworthiness Limitations Revisions

    (g) Within 90 days after June 25, 2010 (the effective date of AD 
2010-10-22), revise the maintenance program, by incorporating 
Chapter 5 of the BAE SYSTEMS (Operations) Limited BAe146 Series/
Avro146-RJ Series AMM to incorporate new and more restrictive life 
limits for certain items and new and more restrictive inspections to 
detect fatigue cracking in certain structures, and to add fuel 
system critical design configuration control limitations (CDCCLs) to 
prevent ignition sources in the fuel tanks, in accordance with a 
method approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA; or the European Aviation Safety 
Agency (EASA) (or its delegated agent).

    Note 2: Guidance on revising Chapter 5 of the BAE SYSTEMS 
(Operations) Limited BAe146 Series/Avro146-RJ Series AMM, Revision 
97, dated July 15, 2009, can be found in the applicable sub-chapters 
listed in Table 1 of this AD.


                                      Table 1--Applicable AMM Sub-Chapters
----------------------------------------------------------------------------------------------------------------
                    AMM Sub-chapter                                              Subject
----------------------------------------------------------------------------------------------------------------
05-10-01...............................................  Airframe Airworthiness Limitations before Life
                                                          Extension Programme.
05-10-05 \1\...........................................  Airframe Airworthiness Limitations, Life Extension
                                                          Programme Landings Life Extended.
05-10-10 \2\...........................................  Airframe Airworthiness Limitations, Life Extension
                                                          Programme Calendar Life Extended.
05-10-15...............................................  Aircraft Equipment--Airworthiness Limitations.
05-10-17...............................................  Power Plant Airworthiness Limitations.
05-15-00...............................................  Critical Design Configuration Control Limitations
                                                          (CDCCL)--Fuel System Description and Operation.
05-20-00 \3\...........................................  Scheduled Maintenance.

[[Page 53351]]

 
05-20-01...............................................  Airframe Scheduled Maintenance--Before Life Extension
                                                          Programme.
05-20-05 \1\...........................................  Airframe Scheduled Maintenance--Life Extension
                                                          Programme Landings Life Extended.
05-20-10 \2\...........................................  Airframe Scheduled Maintenance--Life Extension
                                                          Programme Calendar Life Extended.
05-20-15...............................................  Aircraft Equipment Scheduled Maintenance.
----------------------------------------------------------------------------------------------------------------
\1\ Applicable only to airplanes post-modification HCM20011A or HCM20012A or HCM20013A.
\2\ Applicable only to airplanes post-modification HCM20010A.
\3\ Paragraphs 5 and 6 only, on the Corrosion Prevention and Control Program (CPCP) and the Supplemental
  Structural Inspection Document (SSID).


    Note 3: Sub-chapter 05-15-00 of the BAE SYSTEMS (Operations) 
Limited BAe146 Series/Avro146-RJ Series AMM, is the CDCCL.


    Note 4: Within Sub-chapter 05-20-00 of the BAE SYSTEMS 
(Operations) Limited BAe146 Series/Avro 146-RJ Series AMM, the 
relevant issues of the support documents are as follows: BAE SYSTEMS 
(Operations) Limited BAe 146 Series/Avro 146-RJ Corrosion Prevention 
and Control Program Document CPCP-146-01, Revision 3, dated July 15, 
2008, including BAE SYSTEMS (Operations) Limited Temporary Revision 
(TR) 2.1, dated December 2008; and BAE SYSTEMS (Operations) Limited 
BAe146 Series Supplemental Structural Inspection Document SSID-146-
01, Revision 1, dated June 15, 2009.


    Note 5: Within Sub-chapter 05-20-01 of the BAE SYSTEMS 
(Operations) Limited BAe146 Series/Avro146-RJ Series AMM, the 
relevant issue of BAE SYSTEMS (Operations) Limited BAe 146/Avro 146-
RJ Maintenance Review Board Report Document MRB 146-01, Issue 2, is 
Revision 15, dated March 2009 (mis-identified in EASA AD 2009-0215, 
dated October 7, 2009, as being dated May 2009).


    Note 6: Notwithstanding any other maintenance or operational 
requirements, components that have been identified as airworthy or 
installed on the affected airplanes before revision of Chapter 5 of 
the AMM, as required by paragraph (g) of this AD; do not need to be 
reworked in accordance with the CDCCLs. However, once the ALS or AMM 
has been revised, future maintenance actions on these components 
must be done in accordance with the CDCCLs.

    (h) Except as specified in paragraphs (i) and (j) of this AD: 
After the actions specified in paragraph (g) of this AD have been 
accomplished, no alternative inspections or inspection intervals may 
be approved for the structural elements specified in the documents 
listed in paragraph (g) of this AD.
    (i) Modifying the main fittings of the main landing gear in 
accordance with Messier-Dowty Service Bulletin 146-32-171, dated 
August 11, 2009, extends the safe limit of the main landing gear 
main fitting from 32,000 landings to 50,000 landings on the main 
fitting.

New Requirements of This AD

New Airworthiness Limitations Revisions

    (j) Within 90 days after the effective date of this AD, revise 
the maintenance program, by incorporating Sub-chapter 05-10-15, 
``Aircraft Equipment Airworthiness Limitations'' of Chapter 05, 
``Time Limits/Maintenance Checks,'' of the BAE SYSTEMS (Operations) 
Limited BAe 146 Series/Avro 146-RJ Series AMM, Revision 104, dated 
April 15, 2011, to remove life limits on shock absorber assemblies, 
but not the individual shock absorber components, amend life limits 
on MLG up-locks and door up-locks, and to introduce and amend life 
limits on MLG components. Incorporating the new life limits and 
inspections into the maintenance program terminates the requirements 
of paragraph (g) of this AD for Sub-chapter 05-10-15, ``Aircraft 
Equipment Airworthiness Limitations'' of Chapter 05, ``Time Limits/
Maintenance Checks,'' of the BAE SYSTEMS (Operations) Limited BAe 
146 Series/Avro 146-RJ Series AMM, Revision 104, dated April 15, 
2011, and after incorporation has been done, the limitations 
required by paragraph (g) of this AD for Sub-chapter 05-10-15, 
``Aircraft Equipment Airworthiness Limitations'' of Chapter 05, 
``Time Limits/Maintenance Checks,'' of the BAE SYSTEMS (Operations) 
Limited BAe 146 Series/Avro 146-RJ Series AMM, Revision 104, dated 
April 15, 2011, may be removed from the maintenance program.

No Alternative Actions, Intervals, and/or Critical Design Configuration 
Control Limitations (CDCCLs)

    (k) After accomplishing the revision required by paragraph (j) 
of this AD, no alternative actions (e.g., inspections), intervals, 
and/or CDCCLs may be used, unless the actions, intervals, and/or 
CDCCLs are approved as an alternative method of compliance (AMOC) in 
accordance with the procedures specified in paragraph (l) of this 
AD.

FAA AD Differences

    Note 7: This AD differs from the MCAI and/or service information 
as follows: Although EASA Airworthiness Directive 2010-0166, dated 
August 6, 2010, specifies both revising the maintenance program to 
include limitations, and doing certain repetitive actions (e.g., 
inspections) and/or maintaining CDCCLs, this AD only requires the 
revision. Requiring a revision of the maintenance program, rather 
than requiring individual repetitive actions and/or maintaining 
CDCCLs, requires operators to record AD compliance only at the time 
the revision is made. Repetitive actions and/or maintaining CDCCLs 
specified in the airworthiness limitations must be complied within 
accordance with 14 CFR 91.403(c).

Other FAA AD Provisions

    (l) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or local Flight Standards District Office, as 
appropriate. If sending information directly to the International 
Branch, send it 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. Information may be e-mailed to: 
[email protected]. Before using any approved AMOC, 
notify your appropriate principal inspector, or lacking a principal 
inspector, the manager of the local flight standards district 
office/certificate holding district office. The AMOC approval letter 
must specifically reference this AD.
    (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.

Related Information

    (m) Refer to MCAI EASA Airworthiness Directive 2010-0166, dated 
August 6, 2010; and Sub-chapter 05-10-15, ``Aircraft Equipment 
Airworthiness Limitations,'' of Chapter 05, ``Time Limits/
Maintenance Checks,'' of the BAE SYSTEMS (Operations) Limited BAe 
146 Series/Avro 146-RJ Series AMM, Revision 104, dated April 15, 
2011; for related information.

    Issued in Renton, Washington, on August 19, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-21851 Filed 8-25-11; 8:45 am]
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