[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Proposed Rules]
[Pages 89878-89881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28060]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-4220; Directorate Identifier 2015-NM-076-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening 
of comment period.

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SUMMARY: We are revising an earlier proposal to supersede Airworthiness 
Directive (AD) 2011-24-06. AD 2011-24-06 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. This 
action revises the NPRM by adding airplanes to the applicability. We 
are proposing this AD to address the unsafe condition on these 
products. Since these actions impose an additional burden over those 
proposed in the NPRM, we are reopening the comment period to allow the 
public the chance to comment on these proposed changes.

[[Page 89879]]


DATES: We must receive comments on this SNPRM by January 27, 2017.

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 SNPRM, 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-2016-
4220; 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 
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-2016-4220; 
Directorate Identifier 2015-NM-076-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 November 8, 2011, we issued AD 2011-24-06, Amendment 39-16870 
(76 FR 73477, November 29, 2011) (``AD 2011-24-06''). AD 2011-24-06 
requires actions intended to address an unsafe condition on all BAE 
Systems (Operations) Limited Model BAe 146 series airplanes; and Model 
Avro 146-RJ series airplanes.
    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD to supersede AD 2011-24-06 that would apply to 
all BAE Systems (Operations) Limited Model Avro 146-RJ series 
airplanes. The NPRM published in the Federal Register on March 8, 2016 
(81 FR 12044) (``the NPRM''). The NPRM was prompted by a determination 
that new or revised structural inspection requirements are necessary. 
The NPRM proposed to require revising the maintenance or inspection 
program, as applicable, to incorporate new or revised structural 
inspection requirements.

Actions Since Previous NPRM Was Issued

    Since we issued the NPRM, we have determined that the applicability 
should include BAE Systems (Operations) Limited Model BAe 146 series 
airplanes.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2014-0071, dated March 19, 2014 (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 and Avro 146-RJ series 
airplanes. The MCAI states:

    The BAe 146/AVRO 146-RJ Aircraft Maintenance Manual (AMM) 
includes the Chapters as listed in Appendix 1 of this [EASA] AD. 
Compliance with these chapters has been identified as a mandatory 
action for continued airworthiness and EASA AD 2012-0004 was issued 
to require operators to comply with those instructions.
    Since that [EASA] AD was issued, BAE Systems (Operations) Ltd 
revised the AMM (Revision 107), introducing a new defined life limit 
for the Fire Bottle Cartridge Firing Unit into Chapter 05-10-15. 
Subsequently, Revision 108 of the AMM introduced in Chapter 05-20-00 
inspection tasks for repairs applied to fatigue critical structures 
and also introduced a new Chapter 05-20-07 to provide Structural 
Repair Manual (SRM) references for these tasks, applicable to 
repairs accomplished after the publication of AMM Revision 108. 
Finally, AMM Revision 111 introduced safe life limitations into 
Chapter 05-10-15 for rollers of main landing gear and door up-locks.
    Furthermore, Section 6 of the Maintenance Review Board Report 
(MRBR) Document MRB 146-01, Issue 2, Revision 18 was published (as 
referenced in Chapter 05-20-01 of the AMM) to correct discrepancies 
in inspection tasks for a number of Structurally Important Items 
(SIIs). Grace periods for these revised inspection tasks are 
included in BAE Systems (Operations) Ltd Inspection Service Bulletin 
(ISB) ISB.53-237.
    Failure to comply with the new and more restrictive tasks and 
limitations referenced above could result in an unsafe condition.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2012-0004, which is superseded, and requires 
implementation of the maintenance tasks and/or airworthiness 
limitations as specified in the defined parts of Chapter 05 of the 
AMM at Revision 112.

    The unsafe condition is fatigue cracking of certain structural 
elements, which could adversely affect the structural integrity of the 
airplane. 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-2016-4220.

Comments

    We gave the public the opportunity to participate in developing 
this proposed AD. We considered the comment received.

Request To Revise the Applicability

    Neptune Aviation Services requested that we revise the 
applicability to include BAE Systems (Operations) Limited Model BAe 
146-100A, -200A, and -300A airplanes. The commenter stated that these 
airplanes are in the applicability of AD 2011-24-06.
    We agree that BAE Systems (Operations) Limited BAe 146-100A, -200A, 
and -300A airplanes should be in the applicability in order to address 
the identified unsafe condition for those airplanes. We have revised 
paragraph (c) of this proposed AD accordingly.

[[Page 89880]]

FAA's Determination and Requirements of This SNPRM

    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 these 
same type designs.
    Certain changes described above expand the scope of the NPRM. As a 
result, we have determined that it is necessary to reopen the comment 
period to provide additional opportunity for the public to comment on 
this SNPRM.
    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 (k)(1) of 
this proposed AD. The request should include a description of changes 
to the required actions that will ensure the continued damage tolerance 
of the affected structure.

Costs of Compliance

    We estimate that this SNPRM affects 2 airplanes of U.S. registry.
    The actions required by AD 2011-24-06 and retained in this proposed 
AD take about 3 work-hours per product, at an average labor rate of $85 
per work-hour. Based on these figures, the estimated cost of the 
actions that are required by AD 2011-24-06 is $255 per product.
    We also estimate that it would take about 1 work-hour per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of this 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 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 removing Airworthiness Directive (AD) 
2011-24-06, Amendment 39-16870 (76 FR 73477, November 29, 2011), and 
adding the following new AD:

BAE Systems (Operations) Limited: Docket No. FAA-2016-4220; 
Directorate Identifier 2015-NM-076-AD.

(a) Comments Due Date

    We must receive comments by January 27, 2017.

(b) Affected ADs

    This AD replaces AD 2011-24-06, Amendment 39-16870 (76 FR 73477, 
November 29, 2011) (``AD 2011-24-06'').

(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.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Periodic 
Inspections.

(e) Reason

    This AD was prompted by a determination that new or revised 
structural inspection requirements are necessary. We are issuing 
this AD to detect and correct fatigue cracking of certain structural 
elements, which could adversely affect the structural integrity of 
the airplane.

(f) Compliance

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

(g) Retained Airworthiness Limitations Revisions of the Shock Absorber 
Assemblies, With No Changes

    This paragraph restates the requirements of paragraph (j) of AD 
2011-24-06, with no changes. Within 90 days after January 3, 2012 
(the effective date of AD 2011-24-06), revise the maintenance 
program, by incorporating Subject 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 Aircraft Maintenance Manual (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 main landing gear (MLG) up-locks and door up-locks, 
and to introduce and amend life limits on MLG components. 
Accomplishing the actions required by paragraph (i) of this AD 
terminates the actions required by this paragraph.

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

    This paragraph restates the requirements of paragraph (k) of AD 
2011-24-06, with no changes. Except as specified in paragraph (i) of 
this AD: After accomplishing the revision required by paragraph (g) 
of this AD, no

[[Page 89881]]

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 (k)(1) of this AD.

(i) New Revise Maintenance Program or Inspection Program

    Within 90 days after the effective date of this AD: Revise the 
maintenance or inspection program, as applicable, to incorporate new 
and revised limitations, tasks, thresholds, and intervals using a 
method approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA. Accomplishing the actions 
required by this paragraph terminates the actions required by 
paragraph (g) of this AD.

    Note 1 to paragraph (i) of this AD: An additional source of 
guidance for the actions specified in paragraph (i) of this AD can 
be found in BAe 146/AVRO 146-RJ Airplane Maintenance Manual, 
Revision 112, dated October 15, 2013.


    Note 2 to paragraph (i) of this AD:  An additional source of 
guidance for the actions specified in paragraph (i) of this AD can 
be found in Corrosion Prevention Control Program (CPCP) Document No. 
CPCP-146-01, Revision 4, dated September 15, 2010.


    Note 3 to paragraph (i) of this AD:  An additional source of 
guidance for the actions specified in paragraph (i) of this AD can 
be found in Supplemental Structural Inspections Document (SSID) 
Document No. SSID-146-01, Revision 2, dated August 15, 2012.


    Note 4 to paragraph (i) of this AD:  An additional source of 
guidance for the actions specified in paragraph (i) of this AD can 
be found in Maintenance Review Board Report Document No. MRB 146-01, 
Issue 2, Revision 19, dated August 2012.


    Note 5 to paragraph (i) of this AD: An additional source of 
guidance for the actions specified in paragraph (i) of this AD can 
be found in BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-237, Revision 1, dated April 2, 2013.

(j) New No Alternative Actions, Intervals, and/or CDCCLs

    After accomplishment of the revision required by paragraph (i) 
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 AMOC in accordance with the procedures 
specified in paragraph (k)(1) of this AD.

(k) 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.
    (2) Contacting the Manufacturer: As of the effective date of 
this AD, 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.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2014-0071, dated March 19, 2014, 
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-2016-4220.
    (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 November 10, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-28060 Filed 12-12-16; 8:45 am]
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