[Federal Register Volume 82, Number 114 (Thursday, June 15, 2017)]
[Rules and Regulations]
[Pages 27414-27416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12173]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-4220; Directorate Identifier 2015-NM-076-AD; 
Amendment 39-18923; AD 2017-12-08]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited 
Airplanes

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are superseding Airworthiness Directive (AD) 2011-24-06 for 
all BAE Systems (Operations) Limited Model BAe 146-100A, -200A, and -
300A airplanes; and Model Avro 146-RJ70A, 146-RJ85A, and 146-RJ100A 
airplanes. AD 2011-24-06 required revising the maintenance program to 
incorporate life limits for certain items, adding new and more 
restrictive inspections to detect fatigue cracking in certain 
structures, and adding fuel system critical design configuration 
control limitations (CDCCLs) to prevent ignition sources in the fuel 
tanks. AD 2011-24-06 also required modifying the main fittings of the 
main landing gear (MLG) and revising the maintenance program to 
incorporate new life limits on MLG up-locks and door up-locks and other 
MLG components. This new AD requires revising the maintenance or 
inspection program, as applicable, to incorporate new or revised 
structural inspection requirements. This AD was prompted by a 
determination that new or revised structural inspection requirements 
are necessary. We are issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective July 20, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 3, 
2012 (76 FR 73477, November 29, 2011).

ADDRESSES: For service information identified in this final rule, 
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. It is also 
available on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2016-4220.

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 AD, the regulatory evaluation, any comments received, and 
other information. The address for the Docket Office (telephone 800-
647-5527) is 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 20590.

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 supplemental notice of proposed rulemaking (SNPRM) to 
amend 14 CFR part 39 to supersede AD 2011-24-06, Amendment 39-16870 (76 
FR 73477, November 29, 2011) (``AD 2011-24-06''). AD 2011-24-06 applied 
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. The SNPRM published in the Federal Register on December 13, 
2016 (81 FR 89878) (``the SNPRM''). We preceded the SNPRM with a notice 
of proposed rulemaking (NPRM) that 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. We are issuing this AD to detect 
and correct fatigue cracking of certain structural elements,

[[Page 27415]]

which could adversely affect the structural integrity of the airplane.
    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 Model 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 AD. We received no comments on the SNPRM 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 this AD as proposed except for 
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
SNPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the SNPRM.

Costs of Compliance

    We estimate that this AD affects 2 airplanes of U.S. registry.
    The actions required by AD 2011-24-06 and retained in this 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 AD. The average labor 
rate is $85 per work-hour. Based on these figures, we estimate the cost 
of this 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 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.

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 removing Airworthiness Directive (AD) 
2011-24-06, Amendment 39-16870 (76 FR 73477, November 29, 2011), and 
adding the following new AD:

2017-12-08 BAE Systems (Operations) Limited: Amendment 39-18923; 
Docket No. FAA-2016-4220; Directorate Identifier 2015-NM-076-AD.

(a) Effective Date

    This AD is effective July 20, 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

[[Page 27416]]

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 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 Revision to the Maintenance 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 the attention of 
the person identified in paragraph (l)(2) of this AD. 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 more information about this AD, 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.

(m) 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.
    (3) The following service information was approved for IBR on 
January 3, 2012 (76 FR 73477, November 29, 2011).
    (i) 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, Revision 104, dated April 15, 
2011.
    (ii) Reserved.
    (4) 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.
    (5) 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.
    (6) 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 June 2, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-12173 Filed 6-14-17; 8:45 am]
 BILLING CODE 4910-13-P