[Federal Register Volume 87, Number 209 (Monday, October 31, 2022)]
[Proposed Rules]
[Pages 65541-65544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23201]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1313; Project Identifier MCAI-2021-01418-T]
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: The FAA proposes to supersede Airworthiness Directive (AD) 99-
25-11, which applies to certain BAE Systems (Operations) Limited Model 
BAe 146 and Avro 146-RJ series airplanes. AD 99-25-11 requires 
repetitive inspections for cracks along the face of the retraction 
attachment boss in the nose landing gear (NLG) sidewall; and corrective 
action, if necessary. Since the FAA issued AD 99-25-11, additional 
cracking was found that indicated additional airplanes are subject to 
the unsafe condition. This proposed AD would continue to require the 
actions in AD 99-25-11, and expand the applicability. The FAA is 
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by December 
15, 2022.

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 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 NPRM, 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]; website baesystems.com/Businesses/RegionalAircraft/index.htm. You may view this service information at 
the FAA, Airworthiness Products Section, Operational Safety Branch, 
2200 South 216th St., Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195.

Examining the AD Docket

    You may examine the AD docket at regulations.gov by searching for 
and locating Docket No. FAA-2022-1313; or in person at Docket 
Operations between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The AD docket contains this NPRM, the mandatory 
continuing airworthiness

[[Page 65542]]

information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone 206-231-3228; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2022-1313; Project Identifier 
MCAI-2021-01418-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to Todd 
Thompson, Aerospace Engineer, Large Aircraft Section, International 
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
telephone 206-231-3228; email [email protected]. Any commentary 
that the FAA receives which is not specifically designated as CBI will 
be placed in the public docket for this rulemaking.

Background

    The FAA issued AD 99-25-11, Amendment 39-11454 (64 FR 72522, 
December 28, 1999) (AD 99-25-11), for certain BAE Systems (Operations) 
Limited Model BAe 146 and Avro 146-RJ series airplanes. FAA AD 99-25-11 
requires repetitive eddy current inspections for cracks along the face 
of the retraction attachment boss in the NLG sidewall; and corrective 
action, if necessary. FAA AD 99-25-11 was prompted by issuance of 
mandatory continuing airworthiness information by a foreign civil 
aviation authority. The FAA issued AD 99-25-11 to address cracking 
along the face of the retraction attachment boss in the NLG sidewall, 
which could result in premature extension of the NLG or result in 
depressurization of the airplane.
    FAA AD 99-25-11 corresponds to British AD 015-10-98.

Actions Since AD 99-25-11 Was Issued

    Since the FAA issued AD 99-25-11, the FAA has determined that 
additional airplanes are subject to the identified unsafe condition.
    The Civil Aviation Authority (CAA), which is the aviation authority 
for the United Kingdom, has issued CAA AD G-2021-0016R1, dated February 
18, 2022 (U.K. CAA AD G-2021-0016R1) (also referred to after this as 
the MCAI), to correct an unsafe condition for certain BAE Systems 
(Operations) Limited Model BAe 146 and Avro 146-RJ series airplanes. 
U.K. CAA AD G-2021-0016R1 superseded EASA AD 2007-0305, dated December 
20, 2007, which superseded British AD 015-10-98. The FAA did not issue 
an AD corresponding to EASA AD 2007-0305.
    Evidence of cracking was found on several in-service airplanes in 
the bore and along the face of the retraction jack attachment boss on 
the left-hand NLG sidewall. Undetected cracking of the NLG sidewall 
could lead to explosive decompression of the fuselage near to the 
flightcrew (since the NLG sidewall forms part of the nose fuselage 
pressure shell), leading to significant structural damage to the 
airframe and/or incapacitation of the flightcrew.
    The effectivity of each revision of ISB.53-152 before Revision 8 
was limited to airplanes that were not modified by torque tightening 
modification HCM01641A in production. BAE Systems (Operations) Limited 
has received reports of two airplanes with cracks at the NLG retraction 
jack attachment boss; those airplanes were post-modification HCM01641A 
and as such were not subject to the requirements of FAA AD 99-25-11. As 
a result of new findings and further analysis, BAE Systems (Operations) 
Limited issued Revision 8 of ISB.53-152, dated February 19, 2018, which 
extends the effectivity to all BAe 146 and Avro 146-RJ airplanes, 
except for airplanes post-modification HCM20011A, HCM20012A, HCM20013A, 
HCM20313A, HCM20314A, or HMC20315A.
    Revisions prior to Revision 8 of ISB.53-152 included provisions for 
continued operation with certain crack conditions, which was also 
allowed in FAA AD 99-25-11 if approved as specified in paragraph (b) of 
this AD. The U.K. CAA and the FAA have determined that continued 
operation with known cracks is not acceptable. Therefore, this proposed 
AD would not allow flight with cracks.
    The FAA is proposing this AD to address cracking along the face of 
the retraction attachment boss in the NLG sidewall, which could result 
in premature extension of the NLG or result in depressurization of the 
airplane. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    BAE Systems (Operations) Limited has issued Inspection Service 
Bulletin ISB.53-152, Revision 8, dated February 19, 2018. This service 
information describes procedures for repetitive eddy current 
inspections for cracking in the bore and along the face of the 
retraction attachment boss in the left-hand NLG sidewall and, and 
repair or replacement of a cracked sidewall.
    This proposed AD would also require British Aerospace Service 
Bulletin SB.53-152, dated October 8, 1998, which the Director of the 
Federal Register approved for incorporation by reference as of February 
1, 2000 (64 FR 72522, December 28, 1999).
    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.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition

[[Page 65543]]

described in the MCAI and service information referenced above. The FAA 
is proposing this AD because the FAA evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would retain all of the requirements of AD 99-25-
11 and add airplanes to the applicability. This proposed AD would also 
require accomplishing the actions specified in the service information 
described previously.

Costs of Compliance

    The FAA estimates that this proposed AD affects 20 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
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                                                    Parts
            Action                  Labor cost       cost       Cost per  product       Cost on U.S.  operators
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Retained actions from AD 99-25- 1 work-hour x $85       $0  $85 per inspection cycle.  Up to $1,700 per
 11.                             per hour = $85                                         inspection cycle.
                                 per inspection
                                 cycle.
New proposed actions..........  2 work-hours x           0  $170 per inspection cycle  $3,400 per inspection
                                 $85 per hour =                                         cycle.
                                 $170.
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    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition actions specified in this proposed AD.

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.
    The FAA is 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

    The FAA has 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) Will not affect intrastate aviation in Alaska, and
    (3) 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:
0
a. Removing Airworthiness Directive (AD) 99-25-11, Amendment 39-11454 
(64 FR 72522, December 28, 1999); and
0
b. Adding the following new AD:

BAE Systems (Operations) Limited: Docket No. FAA-2022-1313; Project 
Identifier MCAI-2021-01418-T.

(a) Comments Due Date

    The FAA must receive comments by December 15, 2022.

(b) Affected ADs

    This AD replaces AD 99-25-11, Amendment 39-11454 (64 FR 72522, 
December 28, 1999) (AD 99-25-11).

(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, 
without modification HCM20011A, HCM20012A, HCM20013A, HCM20313A, 
HCM20314A, or HMC20315A.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by a report of a crack found on the left-
hand sidewall well on the nose landing gear (NLG), and by the 
determination that additional airplanes are subject to the 
identified unsafe condition. We are issuing this AD to address 
cracking along the face of the retraction attachment boss in the NLG 
sidewall, which could result in premature extension of the NLG or 
result in depressurization of the airplane.

(f) Compliance

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

(g) Retained Repetitive Inspections, With New Terminating Action

    This paragraph restates the requirements of paragraph (a) of AD 
99-25-11, with new terminating action. For airplanes listed in 
British Aerospace Service Bulletin SB.53-152, dated October 8, 1998: 
Prior to the accumulation of 8,000 total flight cycles, or within 
200 flight cycles after February 1, 2000 (the effective date of AD 
99-25-11), whichever occurs later, perform an eddy current 
inspection to detect cracking along the face of the retraction 
attachment boss in the nose landing gear sidewall, in accordance 
with British Aerospace Service Bulletin SB.53-152, dated October 8, 
1998. Thereafter, repeat the eddy current inspection at intervals 
not to exceed 2,600 flight cycles, except as provided in paragraph 
(j) of this AD.

(h) Retained Repair, With Revised Repair Approval

    This paragraph restates the requirements of paragraph (b) of AD 
99-25-11, with revised repair approval.
    (1) If any crack is detected before the effective date of this 
AD, during any inspection required by paragraph (g) of this AD, 
prior to further flight, repair or reinspect in accordance with a 
method approved by either the Manager, International Branch, ANM-
116, FAA, Transport Airplane Directorate; or the Civil Aviation 
Authority (or its delegated agent). For a repair method to be 
approved by the Manager, International Branch, ANM-116, as required 
by this

[[Page 65544]]

paragraph, the Manager's approval letter must specifically reference 
this AD.
    (2) If any crack is detected on or after the effective date of 
this AD during any inspection required by paragraph (g) of this AD: 
Before further flight, either repair using a method approved by the 
Manager, Large Aircraft Section, International Validation Branch, 
FAA; or the U.K. Civil Aviation Authority (U.K. CAA); or BAE Systems 
(Operations) Limited's U.K. CAA Design Organization Approval (DOA); 
or do the replacement specified in paragraph (i) of this AD. If 
approved by the DOA, the approval must include the DOA-authorized 
signature.

(i) New Requirements: Repetitive Inspections and Corrective Actions

    (1) For all airplanes: Before the accumulation of 7,375 total 
flight cycles, or within 625 flight cycles after the effective date 
of this AD, or within 2,600 flight cycles since the most recent 
inspection required by paragraph (g) of this AD, whichever occurs 
latest, do an eddy current inspection for cracking in the bore and 
along the face of the retraction jack attachment boss in the left-
hand nose landing gear sidewall, in accordance with the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-152, Revision 8, dated February 
19, 2018. Before further flight, repair or replace any cracked 
sidewall, as applicable, in accordance with BAE Systems (Operations) 
Limited Inspection Service Bulletin ISB.53-152, Revision 8, dated 
February 19, 2018. Repeat the inspection thereafter at intervals not 
to exceed 6,700 flight cycles, except as provided in paragraphs 
(i)(1)(i) and (ii) of this AD.
    (i) For airplanes on which a repair identified for Option A, D, 
or E in Table 1 of BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB.53-152, Revision 8, dated February 19, 2018, 
has been done: Inspect within 20,000 flight cycles after the repair, 
and repeat thereafter at intervals not to exceed 4,000 flight 
cycles.
    (ii) For airplanes on which the replacement with part number 
HC537L0002-000, -002, or -004 identified in Option F in Table 1 of 
BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53-
152, Revision 8, dated February 19, 2018, has been done: Inspect 
within 20,000 flight cycles after the repair, and repeat thereafter 
at intervals not to exceed 4,000 flight cycles.
    (2) For airplanes on which re-inspection of cracks was allowed 
as specified in paragraph (h)(1) of this AD: Within 2,600 flight 
cycles after the most recent inspection required by paragraph (g) of 
this AD, repair or replace any cracked sidewall, as applicable, in 
accordance with BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-152, Revision 8, dated February 19, 2018.

(j) Terminating Action

    (1) Accomplishment of the initial inspection and applicable 
corrective actions required by paragraph (i) of this AD terminates 
the repetitive inspection requirements of paragraph (g) of this AD.
    (2) Accomplishment of the action identified for Option B or C in 
Table 1 of BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-152, Revision 8, dated February 19, 2018, terminates 
the repetitive inspection requirements of paragraphs (g) and (i)(1) 
of this AD.
    (3) Accomplishment of the replacement with part number 
HC537L0002-006 identified for Option F in Table 1 of BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.53-152, 
Revision 8, dated February 19, 2018, terminates the repetitive 
inspection requirements of paragraphs (g) and (i)(1) of this AD.

(k) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by 
paragraphs (i) and (j)(2) of this AD, if those actions were 
performed before the effective date of this AD using the service 
information identified in paragraphs (k)(1)(i) and (ii) of this AD.
    (i) BAE Systems (Operations) Limited Inspection Service Bulletin 
ISB.53-152, Revision 6, dated March 5, 2014.
    (ii) BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-152, Revision 7, dated May 7, 2014.
    (2) This paragraph provides credit for the actions required by 
paragraph (j)(3) of this AD, if those actions were performed before 
the effective date of this AD using the service information 
identified in paragraphs (k)(2)(i) and (ii) of this AD, provided the 
sidewall replacement for Option F was part number HC537L0002-006.
    (i) BAE Systems (Operations) Limited Inspection Service Bulletin 
ISB.53-152, Revision 6, dated March 5, 2014.
    (ii) BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-152, Revision 7, dated May 7, 2014.

(l) No Reporting Requirement

    Although BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-152, Revision 8, dated February 19, 2018, specifies 
to submit certain information to the manufacturer, this AD does not 
include that requirement.

(m) Other FAA AD Provisions

    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation Branch, 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 responsible Flight 
Standards Office, as appropriate. If sending information directly to 
the Large Aircraft Section, International Validation Branch, send it 
to the attention of the person identified in paragraph (n)(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 
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: As of the effective date of 
this AD, for any requirement in this AD to obtain instructions from 
a manufacturer, the instructions must be accomplished using a method 
approved by the Manager, International Validation Branch, FAA; or 
the U.K. CAA; or BAE Systems (Operations) Limited's U.K. CAA DOA. If 
approved by the DOA, the approval must include the DOA-authorized 
signature.

(n) Related Information

    (1) For related information, refer to U.K. CAA AD G-2021-0016R1, 
dated February 18, 2022. This mandatory continuing airworthiness 
information (MCAI) may be found in the AD docket at regulations.gov 
by searching for and locating Docket No. FAA-2022-1313.
    (2) For more information about this AD, contact Todd Thompson, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
206-231-3228; email [email protected].
    (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]; website baesystems.com/Businesses/RegionalAircraft/index.htm. You may view this service information at 
the FAA, Airworthiness Products Section, Operational Safety Branch, 
2200 South 216th St., Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195.

    Issued on October 20, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-23201 Filed 10-28-22; 8:45 am]
BILLING CODE 4910-13-P