[Federal Register Volume 77, Number 122 (Monday, June 25, 2012)]
[Rules and Regulations]
[Pages 37773-37774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15169]



[[Page 37773]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0189; Directorate Identifier 2011-NM-133-AD; 
Amendment 39-17102; AD 2012-12-22]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited 
Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ 
airplanes. This AD was prompted by a report of a crack found on the 
left-hand sidewall well on the nose landing gear (NLG). This AD 
requires performing a repetitive high frequency eddy current inspection 
of the stiffeners on the left-hand sidewall on the NLG bay for cracks, 
and repair or replace the sidewall if necessary. We are issuing this AD 
to detect and correct failure of the sidewall, which could result in 
consequent in-flight rapid decompression of the cabin and injury to the 
passengers.

DATES: This AD becomes effective July 30, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 30, 
2012.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

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:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on March 6, 2012 (77 FR 
13230). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    During accomplishment of EASA AD 2007-0305 on an Avro 146-RJ85, 
a corner crack was found on the left hand Nose Landing Gear (NLG) 
sidewall well. The crack was located on one of the sidewall 
stiffeners adjacent to the area being inspected. In this instance, 
the cracking was severe enough to warrant replacement of the 
sidewall. Analysis has shown that these types of cracks are likely 
to exist or develop in other aeroplanes of the same design.
    This condition, if not detected and corrected, could result in 
failure of the sidewall and consequent in-flight rapid decompression 
of the cabin and injury to its occupants.
    For the reasons described above, this [EASA] AD requires 
repetitive [high frequency eddy current] inspections of the 
stiffeners [for cracks] on the left hand NLG sidewall. This [EASA] 
AD also introduces an optional terminating action for the repetitive 
inspections.

    The corrective actions include repairing or replacing the sidewall 
with a new sidewall. You may obtain further information by examining 
the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (77 FR 13230, March 6, 
2012) or on the determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

Costs of Compliance

    We estimate that this AD will affect 1 product of U.S. registry. We 
also estimate that it will take about 2 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $170.
    In addition, we estimate that any necessary follow-on actions would 
take about 2 work-hours and require parts costing $8,850, for a cost of 
$9,020 per product. We have no way of determining the number of 
products that may need these actions.

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 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 this AD:
    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 affect intrastate aviation in Alaska; and
    4. 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.

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 the NPRM (77 FR 13230, March 6, 2012), 
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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator,

[[Page 37774]]

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 FAA amends Sec.  39.13 by adding the following new AD:

2012-12-22 BAE Systems (Operations) Limited: Amendment 39-17102. 
Docket No. FAA-2012-0189; Directorate Identifier 2011-NM-133-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective July 30, 
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to 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; all 
serial numbers; on which the left-hand sidewall of the nose landing 
gear (NLG) bay has one of the following part numbers (P/N) 
installed: HC537L0002-000, -002, and -004; HC537H8021-000, -002, and 
-004; and HC537H8018-000.

(d) Subject

    Air Transport Association (ATA) of America Code 53: Fuselage.

(e) Reason

    This AD was prompted by a report of a crack found on the left-
hand sidewall well on the NLG. We are issuing this AD to detect and 
correct failure of the sidewall, which could result in consequent 
in-flight rapid decompression of the cabin and injury to the 
passengers.

(f) Compliance

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

(g) Inspection

    Before the accumulation of 12,000 total flight cycles or within 
4,000 flight cycles after the effective date of this AD, whichever 
occurs later: Perform a high frequency eddy current inspection of 
the stiffeners on the left-hand sidewall on the NLG bay adjacent to 
the boss at the NLG retraction jack attachment pin hole, in 
accordance with the Accomplishment Instructions of BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.53-229, 
Revision 1, dated November 22, 2010. Repeat the inspection 
thereafter at intervals not to exceed 12,000 flight cycles, except 
as provided in paragraph (i) of this AD.

(h) Repair

    If, during any inspection required by paragraph (g) of this AD, 
any crack is found in the sidewall stiffeners, before further flight 
repair the sidewall stiffeners, using a method approved by either 
the Manager, International Branch, ANM 116, Transport Airplane 
Directorate, FAA; or the European Aviation Safety Agency (or its 
delegated agent); or do the replacement specified in paragraph (i) 
of this AD.

(i) Optional Replacement

    Replacement of the sidewall stiffeners, with sidewall P/N 
HC537L0002-006, on any airplane, in accordance with the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-229, Revision 1, dated November 
22, 2010, terminates the repetitive inspections required by 
paragraph (g) of this AD.

(j) Parts Installation

    As of the effective date of this AD: No person may install a 
sidewall stiffener with P/N HC537L0002-000, -002, or -004; 
HC537H8021-000, -002, or -004; or HC537H8018-000; on any airplane.

(k) Credit for Previous Actions

    This paragraph provides credit for inspections and replacements, 
as specified in paragraphs (g) and (i) of this AD, if those actions 
were performed before the effective date of this AD using BAE 
Systems (Operations) Limited Inspection Service Bulletin ISB.53-229, 
dated July 8, 2010.

(l) Other FAA AD Provisions

    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 emailed 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.

(m) Related Information

    Refer to MCAI EASA Airworthiness Directive 2011-0097, dated May 
25, 2011; and BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-229, Revision 1, dated November 22, 2010; for 
related information.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the following service 
information under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise.
    (i) BAE Systems (Operations) Limited Inspection Service Bulletin 
ISB.53-229, Revision 1, dated November 22, 2010.
    (3) If you accomplish the optional actions specified by this AD, 
you must use the following service information to perform those 
actions, unless the AD specifies otherwise.
    (i) BAE Systems (Operations) Limited Inspection Service Bulletin 
ISB.53-229, Revision 1, dated November 22, 2010.
    (4) For BAE Systems (Operations) Limited service information 
identified in this 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; email [email protected]; 
Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm.
    (5) You may review copies of the 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.
    (6) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at an NARA facility, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on June 14, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-15169 Filed 6-22-12; 8:45 am]
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