[Federal Register Volume 78, Number 238 (Wednesday, December 11, 2013)]
[Proposed Rules]
[Pages 75289-75291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29514]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-1026; Directorate Identifier 2012-NM-173-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited 
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 all 
BAE SYSTEMS (OPERATIONS) LIMITED Model BAe 146 series airplanes and 
Model Avro 146-RJ series airplanes. This proposed AD was prompted by 
reports of cracking of the main fitting of the nose landing gear (NLG). 
This proposed AD would require revising the maintenance program by 
incorporating a new safe-life limitation for the NLG main fitting. We 
are proposing this AD to prevent collapse of the NLG, which could lead 
to degradation of direction control on the ground or an un-commanded 
turn to the left and a consequent loss of control of the airplane on 
the ground, possibly resulting in damage to the airplane and injury to 
occupants.

DATES: We must receive comments on this proposed AD by January 27, 
2014.

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: Deliver to Mail address above 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; email 
[email protected]; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may view this referenced 
service information at the FAA, Transport Airplane Directorate, 1601 
Lind Avenue SW., Renton, WA. 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, WA 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-2013-1026; 
Directorate Identifier 2012-NM-173-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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2012-0191R1, dated November 6, 2012 (referred 
to after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    Several occurrences of the aeroplane's Nose Landing Gear (NLG) 
Main Fitting cracking have been reported. Subsequently in different 
cases, NLG Main Fitting crack lead to collapsed NLG, locked NLG 
steering and an aeroplane's un-commanded steering to the left.
    Cracks in the NLG Bell Housing are not detectable with the NLG 
fitted to the aeroplane and are difficult to detect during overhaul 
without substantial disassembly of the gear.
    This condition, if not corrected, could lead to degradation of 
directional control on the ground or an un-commanded turn to the 
left and a consequent loss of control of the aeroplane on the 
ground, possibly resulting in damage to the aeroplane and injury to 
occupants.
    Prompted by these findings, BAE Systems (Operations) Ltd issued 
Inspection Service Bulletin (ISB) 32-186 (hereafter referred to as 
the ISB) to introduce a new safe life of 16,000 flight cycles (FC) 
for certain NLG main fittings, having a Part Number (P/N) as 
identified in Paragraph 1A, tables 1, 2 and 3 of the ISB.

[[Page 75290]]

    To correct this unsafe condition, EASA issued AD 2012-0191R1 to 
require implementation of the new safe-life limitation for the 
affected NLG main fittings and replacement of fittings that have 
already exceeded the new limit.
    Since that [EASA] AD was issued, it was found that clarification 
is necessary regarding the existing NLG main fitting life limits. 
Consequently, this [EASA] AD is revised by adding a Note to clarify 
that the current life limits, as specified in the applicable 
Aircraft Maintenance Manual (AMM), remain valid and should be 
applied, pending compliance with this AD.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA-
2013-1026.

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 the BAE Systems BAe 146 Series/AVRO 
146-RJ Series Aircraft Maintenance Manual, Revision 108, dated 
September 15, 2012; and BAE SYSTEMS (OPERATIONS) LIMITED Inspection 
Service Bulletin ISB.32-186, dated April 12, 2012. 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.
    This proposed AD requires revisions to certain operator maintenance 
documents to include new actions (e.g., inspections) and Critical 
Design Configuration Control Limitations (CDCCLs). Compliance with 
these actions and 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 proposed 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 for 
an alternative method of compliance according to paragraph (j) of this 
proposed AD. The request should include a description of changes to the 
required inspections that will ensure the continued operational safety 
of the airplane.

Differences Between This Proposed AD and the MCAI or Service 
Information

    This proposed AD differs from the MCAI and/or service information 
as follows: Although the MCAI specifies replacement thresholds for the 
affected NLG fittings, this proposed AD does not specify these 
thresholds as they are addressed by the maintenance program and 
contained in the safe-life limitations of the NLG main fitting, as 
specified in Chapter 05, ``Time Limits/Maintenance Checks,'' of the BAE 
Systems BAe 146 Series/AVRO 146-RJ Series Aircraft Maintenance Manual, 
Revision 108, dated September 15, 2012.

Costs of Compliance

    We estimate that this proposed AD affects 4 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
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                                                                                    Cost per       Cost on U.S.
              Action                        Labor cost            Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Revise maintenance program........  1 work-hour x $85 per                  $0              $85             $340
                                     hour = $85.
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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 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.

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

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 airworthiness 
directive (AD):

BAE Systems (Operations) Limited: Docket No. FAA-2013-1026; 
Directorate Identifier 2012-NM-173-AD.

[[Page 75291]]

(a) Comments Due Date

    We must receive comments by January 27, 2014.

(b) Affected ADs

    None.

(c) Applicability

    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; 
all models, all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing 
Gear.

(e) Reason

    This AD was prompted by reports of cracking of the main fitting 
of the nose landing gear (NLG). We are issuing this AD to prevent 
collapse of the NLG, which could lead to degradation of direction 
control on the ground or an un-commanded turn to the left and a 
consequent loss of control of the airplane on the ground, possibly 
resulting in damage to the airplane and injury to occupants.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Revise Maintenance or Inspection Program

    Within 30 days after the effective date of this AD: Revise the 
maintenance or inspection program to incorporate a new safe-life 
limitation of the NLG main fitting, as specified by BAE Systems BAe 
146 Series/AVRO 146-RJ Series Aircraft Maintenance Manual, Revision 
108, dated September 15, 2012. Comply with all applicable 
instructions and airworthiness limitations included in BAE Systems 
BAe 146 Series/AVRO 146-RJ Series Aircraft Maintenance Manual, 
Revision 108, dated September 15, 2012. The initial compliance times 
for doing the actions is at the applicable times specified in BAE 
Systems BAe 146 Series/AVRO 146-RJ Series Aircraft Maintenance 
Manual, Revision 108, dated September 15, 2012, or within 30 days 
after the effective date of this AD, whichever is later.

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

    After accomplishing the revision required by paragraph (g) of 
this AD, no alternative actions (e.g., inspections), intervals, or 
CDCCLs may be used unless the actions, intervals, or CDCCLs are 
approved as an alternative method of compliance (AMOC) in accordance 
with the procedures specified in paragraph (j)(1) of this AD.

(i) Parts Installation Limitation

    As of the effective date of this AD, no person may install an 
NLG main fitting, having a part number identified in paragraph 1.A., 
Tables 1., 2., and 3. of BAE SYSTEMS (OPERATIONS) LIMITED Inspection 
Service Bulletin ISB.32-186, dated April 12, 2012, unless it is in 
compliance with the requirements of this AD.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, 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, 
WA 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, use these actions if they 
are FAA-approved. Corrective actions are considered FAA-approved if 
they were approved by the State of Design Authority (or its 
delegated agent, or the design approval holder with a State of 
Design Authority's design organization approval). For a repair 
method to be approved, the repair approval must specifically refer 
to this AD. You are required to ensure the product is airworthy 
before it is returned to service.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2012-0191R1, dated November 6, 
2012, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov.
    (2) For 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. You may review copies of this 
service information at the FAA, Transport Airplane Directorate, 1601 
Lind Avenue SW., Renton, WA. For information on the availability of 
this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on November 29, 2013.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-29514 Filed 12-10-13; 8:45 am]
BILLING CODE 4910-13-P