[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)]
[Proposed Rules]
[Pages 69903-69905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28561]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-4212; Directorate Identifier 2015-NM-010-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) 
and a determination that a new safe-life limitation for affected NLG 
main fittings has not been mandated. This proposed AD would require 
replacing affected NLG main fittings that have exceeded the safe-life 
limitation with a new or serviceable fitting. We are proposing this AD 
to prevent collapse of the NLG, which if not corrected, 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 December 28, 
2015.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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; 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 by searching for and locating Docket No. FAA-2015-
4212; 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 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-2015-4212; 
Directorate Identifier 2015-NM-010-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 Union, 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 all BAE Systems 
(Operations) Limited Model BAe 146 series airplanes and Model Avro 146-
RJ series airplanes. 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.
    To correct this unsafe condition, EASA issued [EASA] AD 2012-
0191 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.
* * * * *
    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
4212.

[[Page 69904]]

Related Service Information Under 1 CFR Part 51

    BAE Systems (Operations) Limited has issued Inspection Service 
Bulletin ISB.32-186, dated April 12, 2012. This service information 
describes procedures for determining the compliance times for replacing 
the NLG main fittings. This service information is reasonably available 
because the interested parties have access to it through their normal 
course of business or by the means identified in the ADDRESSES section 
of this NPRM.

Related Rulemaking

    On August 4, 2014, we issued AD 2014-16-18, Amendment 39-17942 (79 
FR 51234, August 28, 2014). AD 2014-16-18 requires revising the 
maintenance program by incorporating a new safe-life limitation for the 
NLG main fitting on all BAE Systems (Operations) Limited Model BAe 146 
series airplanes and Model Avro 146-RJ series airplanes. Since we 
issued AD 2014-16-18, Amendment 39-17942 (79 FR 51234, August 28, 
2014), we have determined that the new safe-life limitation for 
affected NLG main fittings has not been mandated because the safe-life 
limitation was not incorporated 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 (which was referred to as the 
appropriate source of service information for incorporating the safe-
life limitation into the maintenance or inspections program). 
Therefore, the FAA has determined that it is necessary to require the 
replacement of NLG main fittings that have exceeded the safe-life 
limitation with a new or serviceable fitting.

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.

Costs of Compliance

    We estimate that this proposed AD affects 4 airplanes of U.S. 
registry.
    We also estimate that it would take about 36 work-hours per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Required parts would cost $81,000 per 
product. Based on these figures, we estimate the cost of this proposed 
AD on U.S. operators to be $336,240, or $84,060 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 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-2015-4212; 
Directorate Identifier 2015-NM-010-AD.

(a) Comments Due Date

    We must receive comments by December 28, 2015.

(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 
models, all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by reports of cracking of the main fitting 
of the nose landing gear (NLG) and a determination that a new safe-
life limitation for affected NLG main fittings has not been 
mandated. We are issuing this AD to prevent collapse of the NLG, 
which if not corrected could lead to degradation of direction 
control on the ground or an uncommanded 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) Repetitive Replacement of Nose Landing Gear (NLG) Main Fitting

    At the applicable compliance time specified in paragraphs (g)(1) 
through (g)(4) of this AD: Replace each affected nose landing gear 
(NLG) main fitting, having a part number (P/N) as 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, in accordance with the Accomplishment Instructions of that BAE 
Systems (Operations) Limited Inspection Service Bulletin ISB.32-186, 
dated April 12, 2012.

[[Page 69905]]

Thereafter, before the accumulation of 16,000 flight cycles on any 
affected NLG main fitting having a part number as 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, replace each affected nose landing gear (NLG) main fitting, in 
accordance with the Accomplishment Instructions of that BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.32-186, dated 
April 12, 2012.
    (1) For NLG main fittings that have accumulated 29,000 flight 
cycles or more since first installation on an airplane: Within 12 
months after the effective date of this AD.
    (2) For NLG main fittings that have 20,000 flight cycles or more 
but less than 29,000 flight cycles since first installation on an 
airplane: Within 24 months after the effective date of this AD.
    (3) For NLG main fittings that have 16,000 flight cycles or more 
but less than 20,000 flight cycles since first installation on an 
airplane: Within 36 months after the effective date of this AD.
    (4) For NLG main fittings that have accumulated less than 16,000 
flight cycles since first installation on an airplane: Before 
accumulating 16,000 flight cycles since first installation on an 
airplane or within 36 months after the effective date of this AD, 
whichever occurs later.

(h) 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 
that fitting is in compliance with the requirements of this AD.

(i) 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.

(j) Related Information

    (1) 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 by searching for and locating Docket 
No. FAA-2015-4212.
    (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 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.

    Issued in Renton, Washington, on October 30, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-28561 Filed 11-10-15; 8:45 am]
BILLING CODE 4910-13-P