[Federal Register Volume 79, Number 167 (Thursday, August 28, 2014)]
[Rules and Regulations]
[Pages 51234-51237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19262]


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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; 
Amendment 39-17942; AD 2014-16-18]
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 all BAE 
Systems (Operations) Limited Model BAe 146 series airplanes and Model 
Avro 146-RJ series airplanes. This AD was prompted by reports of 
cracking of the main fitting of the nose landing gear (NLG). This AD 
requires revising the maintenance program by incorporating a new safe-
life limitation for the NLG main fitting. 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.

DATES: This AD becomes effective October 2, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 2, 
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-1026; or in person at the 
Docket Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC.
    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 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.

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: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to all BAE Systems 
(Operations) Limited Model BAe 146 series airplanes and Model Avro 146-
RJ series airplanes. The NPRM published in the Federal Register on 
December 11, 2013 (78 FR 75289). The NPRM was prompted by reports of 
cracking of the main fitting of the nose landing gear (NLG). The NPRM 
proposed to require revising the maintenance program by incorporating a 
new safe-life limitation for the NLG main fitting. 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.
    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

[[Page 51235]]

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.
    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/#!documentDetail;D=FAA-2013-1026-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (78 FR 75289, December 11, 
2013) or on the determination of the cost to the public.

``Contacting the Manufacturer'' Paragraph in This AD

    Since late 2006, we have included a standard paragraph titled 
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD 
based on a foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often 
directs the owner/operator to contact the manufacturer for corrective 
actions, such as a repair. Briefly, the Airworthy Product paragraph 
allowed owners/operators to use corrective actions provided by the 
manufacturer if those actions were FAA-approved. In addition, the 
paragraph stated that any actions approved by the State of Design 
Authority (or its delegated agent) are considered to be FAA-approved.
    In the NPRM (78 FR 75289, December 11, 2013), we proposed to 
prevent the use of repairs that were not specifically developed to 
correct the unsafe condition, by requiring that the repair approval 
provided by the State of Design Authority or its delegated agent 
specifically refer to this FAA AD. This change was intended to clarify 
the method of compliance and to provide operators with better 
visibility of repairs that are specifically developed and approved to 
correct the unsafe condition. In addition, we proposed to change the 
phrase ``its delegated agent'' to include a design approval holder 
(DAH) with State of Design Authority design organization approval 
(DOA), as applicable, to refer to a DAH authorized to approve required 
repairs for the proposed AD.
    No comments were provided to the NPRM (78 FR 75289, December 11, 
2013) about these proposed changes. However, a comment was provided for 
an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR 78285, 
December 26, 2013). The commenter stated the following: ``The proposed 
wording, being specific to repairs, eliminates the interpretation that 
Airbus messages are acceptable for approving minor deviations 
(corrective actions) needed during accomplishment of an AD mandated 
Airbus service bulletin.''
    This comment has made the FAA aware that some operators have 
misunderstood or misinterpreted the Airworthy Product paragraph to 
allow the owner/operator to use messages provided by the manufacturer 
as approval of deviations during the accomplishment of an AD-mandated 
action. The Airworthy Product paragraph does not approve messages or 
other information provided by the manufacturer for deviations to the 
requirements of the AD-mandated actions. The Airworthy Product 
paragraph only addresses the requirement to contact the manufacturer 
for corrective actions for the identified unsafe condition and does not 
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request 
the approval for an alternative method of compliance to the AD-required 
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the 
Airworthy Product paragraph, we have changed the paragraph and retitled 
it ``Contacting the Manufacturer.'' This paragraph now clarifies that 
for any requirement in this AD to obtain corrective actions from a 
manufacturer, the actions must be accomplished using a method approved 
by the FAA, the European Aviation Safety Agency (EASA), or BAE Systems 
(Operations) Limited's EASA Design Organization Approval (DOA).
    The Contacting the Manufacturer paragraph also clarifies that, if 
approved by the DOA, the approval must include the DOA-authorized 
signature. The DOA signature indicates that the data and information 
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer 
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or 
other information.
    This clarification does not remove flexibility previously afforded 
by the Airworthy Product paragraph. Consistent with long-standing FAA 
policy, such flexibility was never intended for required actions. This 
is also consistent with the recommendation of the Airworthiness 
Directive Implementation Aviation Rulemaking Committee to increase 
flexibility in complying with ADs by identifying those actions in 
manufacturers' service instructions that are ``Required for 
Compliance'' with ADs. We continue to work with manufacturers to 
implement this recommendation. But once we determine that an action is 
required, any deviation from the requirement must be approved as an 
alternative method of compliance.
    Other commenters to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) pointed out that in many cases 
the foreign manufacturer's service bulletin and the foreign authority's 
MCAI might have been issued some time before the FAA AD. Therefore, the 
DOA might have provided U.S. operators with an approved repair, 
developed with full awareness of the unsafe condition, before the FAA 
AD is issued. Under these circumstances, to comply with the FAA AD, the 
operator would be required to go back to the manufacturer's DOA and 
obtain a new approval document, adding time and expense to the 
compliance process with no safety benefit.
    Based on these comments, we removed the requirement that the DAH-
provided repair specifically refer to this AD. Before adopting such a 
requirement, the FAA will coordinate with affected DAHs and verify they 
are prepared to implement means to ensure that their repair approvals 
consider the unsafe condition addressed in this AD. Any such 
requirements will be adopted through the normal AD rulemaking process, 
including notice-and-comment procedures, when appropriate.
    We also have decided not to include a generic reference to either 
the ``delegated agent'' or ``DAH with State of Design Authority design 
organization approval,'' but instead we have provided the specific 
delegation approval granted by the State of Design

[[Page 51236]]

Authority for the DAH throughout this AD.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this AD with the changes described 
previously and minor editorial changes. We have determined that these 
minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (78 FR 75289, December 11, 2013) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 75289, December 11, 2013).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 4 airplanes of U.S. registry.
    We also estimate that it will take about 1 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $0 per product. 
Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $340, 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 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-1026; or in person at the 
Docket Management Facility between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. The AD docket contains this 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.

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, 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:

2014-16-18 BAE Systems (Operations) Limited: Amendment 39-17942. 
Docket No. FAA-2013-1026; Directorate Identifier 2012-NM-173-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective October 2, 
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) Revision of 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 Subject 05-10-
15, Aircraft Equipment Airworthiness Limitations, of Section 05-10, 
Time Limits, of Chapter 05, Time Limits/Maintenance Checks, of the 
BAE Systems (Operations) Limited BAe 146 Series/Avro 146-RJ Series 
Aircraft Maintenance Manual, Revision 108, dated September 14, 2012. 
Comply with all applicable instructions and airworthiness 
limitations included in Subject 05-10-15, Aircraft Equipment 
Airworthiness Limitations, of Section 05-10, Time Limits, of Chapter 
05, Time Limits/Maintenance Checks, of the BAE Systems (Operations) 
Limited BAe 146 Series/Avro 146-RJ Series Aircraft Maintenance 
Manual, Revision 108, dated September 14, 2012. The initial 
compliance times for doing the actions is at the applicable times 
specified in Subject 05-10-15, Aircraft Equipment Airworthiness 
Limitations, of Section 05-10, Time Limits, of Chapter 05, Time 
Limits/Maintenance Checks, of the BAE Systems (Operations) Limited 
BAe 146 Series/Avro 146-RJ Series Aircraft Maintenance Manual, 
Revision 108, dated September 14, 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

[[Page 51237]]

Bulletin ISB.32-186, dated April 12, 2012, unless 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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
European Aviation Safety Agency (EASA); or BAE Systems (Operations) 
Limited's EASA Design Organization Approval (DOA). If approved by 
the DOA, the approval must include the DOA-authorized signature.

(k) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
European Aviation Safety Agency (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/#!documentDetail;D=FAA-2013-1026-0002.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) BAE Systems (Operations) Limited Inspection Service Bulletin 
ISB.32-186, dated April 12, 2012.
    (ii) Subject 05-10-15, Aircraft Equipment Airworthiness 
Limitations, of Section 05-10, Time Limits, 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. The revision level and date of this document are 
identified on only page 1 of the Letter of Transmittal.
    (3) 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.
    (4) You may view 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 4, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-19262 Filed 8-27-14; 8:45 am]
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