[Federal Register Volume 88, Number 247 (Wednesday, December 27, 2023)]
[Proposed Rules]
[Pages 89339-89342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28254]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2400; Project Identifier MCAI-2023-00782-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) 
2022-25-18, which applies to certain BAE Systems (Operations) Limited 
Model BAe 146 and Model Avro 146-RJ series airplanes. AD 2022-25-18 
requires repetitive inspections for cracking of the main landing gear 
(MLG) side stay outer link and replacement if necessary. Since the FAA 
issued AD 2022-25-18, additional investigations of the causes of the 
cracking were conducted. This proposed AD would require a reduction of 
the repetitive visual inspection interval, provide optional repetitive 
special detailed inspections, accomplishing a one-off dimensional 
tolerance check and performing a repetitive lubrication of the MLG side 
stay outer link pivot, as specified in a United Kingdom (U.K.) Civil 
Aviation Authority (CAA) (U.K. CAA) AD, which is proposed for 
incorporation by reference (IBR). 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 February 
12, 2024.

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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-2400; 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 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For U.K. CAA material incorporated by reference in this 
AD, contact Civil Aviation Authority, Aviation House, Beehive Ring 
Road, Crawley, West Sussex RH6 0YR, United Kingdom; telephone +44(0) 
330 022 4401; email caa.co.uk">continued.airworthiness@caa.co.uk; website 
caa.co.uk.
     For BAE Systems (Operations) Limited 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 
regional-services.com.
     You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th Street, 
Des Moines, WA. For information on the availability of this material at 
the FAA, call 206-231-3195.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue,

[[Page 89340]]

Suite 410, Westbury, NY 11590; 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-2023-2400; Project Identifier 
MCAI-2023-00782-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 
this 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 NPRM.

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, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 
410, Westbury, NY 11590; 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 2022-25-18, Amendment 39-22274 (87 FR 75915, 
December 12, 2022; corrected December 27, 2022 (87 FR 79236)) (AD 2022-
25-18), for certain BAE Systems (Operations) Limited Model BAe 146 and 
Model Avro 146-RJ series airplanes. AD 2022-25-18 was prompted by an 
MCAI originated by the U.K. CAA, which is the aviation authority for 
the United Kingdom. U.K. CAA issued AD G-2022-0018, dated October 18, 
2022, to correct an unsafe condition.
    AD 2022-25-18 requires repetitive inspections for cracking of the 
MLG side stay outer link and replacement if necessary. The FAA issued 
AD 2022-25-18 to address cracking on the shoulders of a MLG side stay 
outer link. The unsafe condition, if not addressed, could lead to 
failure of the MLG side stay outer link and MLG collapse, which could 
result in a runway departure and the engine or wing contacting the 
ground. The engine or wing contacting the ground could result in damage 
to the airplane, an increased risk of fire, the airplane flipping, and 
injury to occupants.

Actions Since AD 2022-25-18 Was Issued

    Since the FAA issued AD 2022-25-18, U.K. CAA superseded AD G-2022-
0018, dated October 18, 2022, and issued AD G-2023-0004R1, dated 
November 16, 2023 (U.K. CAA AD G-2023-004R1) (also referred to as the 
MCAI), to correct an unsafe condition for all BAE Systems (Operations) 
Limited Model BAe 146-301, BAe 146-100A, -200A, and -300A airplanes and 
Model Avro 146-RJ70A, 146-RJ85A, 146-RJ100A. Model BAe 146-301 
airplanes are not certificated by the FAA and are not included on the 
U.S. type certificate data sheet; this AD therefore does not include 
those airplanes in the applicability. The MCAI states that further 
investigation resulted in a reduced repetitive detailed visual 
inspection interval and an option to do repetitive special detailed 
inspections; a new requirement for a one-time dimensional tolerance 
check; and a requirement to perform a repetitive lubrication of the MLG 
side stay outer link pivot.
    The FAA is proposing this AD to address cracking of the MLG side 
stay outer link. The unsafe condition, could lead to failure of the MLG 
side stay outer link and MLG collapse, which could result in a runway 
departure and the engine or wing contacting the ground. The engine or 
wing contacting the ground could result in damage to the airplane, an 
increased risk of fire, the airplane flipping, and injury to occupants. 
You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-2400.

Related Service Information Under 1 CFR Part 51

    U.K. CAA AD G-2023-004R1 specifies procedures for doing repetitive 
detailed visual inspections or special detailed inspections for 
cracking of the MLG side stay outer link and replacement if necessary; 
a one-time dimensional tolerance check of the MLG side stay outer link 
and corrective actions including replacement if necessary: and 
repetitive lubrication of the MLG side stay outer link pivot.
    The FAA reviewed BAE Systems (Operations) Limited Alert Service 
Bulletin (ASB) ASB.32-A189, Revision 2, dated August 3, 2023. This 
service information describes procedures for doing, among other 
actions, detailed visual inspections and special detailed inspections 
(fluorescent dye penetrant) for cracking of the MLG side stay outer 
link, replacement of the side stay outer link; a one-time dimensional 
tolerance check of the MLG side stay outer link; removing the side stay 
outer link and contacting the manufacturer; re-applying protective 
treatment/paint; and lubrication of the MLG side stay outer link pivot.
    This material 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 this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI and 
service information referenced above. The FAA is issuing this NPRM 
after determining that the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD requires accomplishing the actions specified in 
U.K. CAA AD G-2023-0004R1 described previously, except for any 
differences identified as exceptions in the regulatory text of this 
proposed AD.

Interim Action

    The FAA considers that this proposed AD would be an interim action. 
If final action is later identified, the FAA might consider further 
rulemaking then.

[[Page 89341]]

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to incorporate U.K. CAA AD G-2023-004R1 by reference in 
the FAA final rule. This proposed AD would, therefore, require 
compliance with U.K. CAA AD G-2023-004R1 in its entirety through that 
incorporation, except for any differences identified as exceptions in 
the regulatory text of this proposed AD. Service information required 
by U.K. CAA AD G-2023-004R1 for compliance will be available at 
regulations.gov under Docket No. FAA-2023-2400 after the FAA final rule 
is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 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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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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2 work-hours x $85 per hour = $170...........................              $0             $170           $3,400
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                Estimated Costs for On-Condition Actions
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           Labor cost                 Parts cost       Cost per product
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Up to 5 work-hours x $85 per      Up to $3,000......  Up to $3,425.
 hour = Up to $425.
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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 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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 2022-25-18, Amendment 39 22274 (87 
FR 75915, December 12, 2022; corrected December 27, 2022 (87 FR 
79236)); and
0
b. Adding the following new Airworthiness Directive:

BAE Systems (Operations) Limited: Docket No. FAA-2023-2400; Project 
Identifier MCAI-2023-00782-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by February 12, 2024.

(b) Affected ADs

    This AD replaces AD 2022-25-18, Amendment 39 22274 (87 FR 75915, 
December 12, 2022; corrected December 27, 2022 (87 FR 79236)).

(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.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing 
gear.

(e) Unsafe Condition

    This AD was prompted by reports of cracking on the shoulders of 
a main landing gear (MLG) side stay outer link. The FAA is issuing 
this AD to address cracking of the MLG side stay outer link. The 
unsafe condition, if not addressed, could lead to failure of the MLG 
side stay outer link and MLG collapse, which could result in a 
runway departure and the engine or wing contacting the ground. The 
engine or wing contacting the ground could result in damage to the 
airplane, an increased risk of fire, the airplane flipping, and 
injury to occupants.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, United Kingdom (U.K.) Civil Aviation Authority 
(CAA) (U.K. CAA) AD G-2023-0004R1, dated November 16, 2023 (U.K. CAA 
AD G-2023-0004R1).

(h) Exceptions to U.K. CAA AD G-2023-0004R1

    (1) Where U.K. CAA AD G-2023-0004R1 refers to July 7, 2023 (the 
effective date of U.K. CAA AD G-2023-0004 at original

[[Page 89342]]

issue), this AD requires using the effective date of this AD.
    (2) This AD does not adopt the paragraph that begins with 
``Required as indicated, unless accomplished previously in 
accordance with ASB.32-A189 . . .'' and the Note that begins with 
``Prior accomplishment of inspection requirements . . .'' specified 
in ``Required Actions(s) and Compliance Time(s)'' of U.K. CAA AD G-
2023-0004R1.
    (3) Where U.K. CAA AD G-2023-0004R1 refers to ``ASB'', ``the 
ASB'', or ``ASB.32-A189 Revision 2'', this AD requires using BAE 
Systems (Operations) Limited Alert Service Bulletin (ASB) ASB.32-
A189, Revision 2, dated August 3, 2023.
    (4) Where U.K. CAA AD G-2023-0004R1 specifies a detailed visual 
inspection ``every 500 flights or 6 months (whichever occurs 
first),'' for this AD, replace those words with ``repeat at 
intervals not to exceed 500 flight cycles or 6 months, whichever 
occurs first.''
    (5) Where U.K. CAA AD G-2023-0004R1 specifies a special detailed 
inspection ``every 1200 flights or 12 months (whichever occurs 
first),'' for this AD, replace those words with ``repeat at 
intervals not to exceed 1200 flight cycles or 12 months, whichever 
occurs first.''
    (6) Where U.K. CAA AD G-2023-0004R1 specifies ``in accordance 
with the dimensional limits provided in Appendix 2 then Safran 
Landing Systems must be contacted to provide further instructions,'' 
this AD requires ``before further flight, repair using a method 
approved by the Manager, International Validation Branch, FAA; or 
the United Kingdom (U.K.) Civil Aviation Authority (CAA) (U.K. CAA); 
or BAE Systems (Operations) Limited's U.K. CAA Design Organization 
Approval (DOA). If approved by the DAO, the approval must include 
the DAO-authorized signature.''
    (7) Where U.K. CAA AD G-2023-0004R1 specifies the lubrication of 
the MLG sidestay outer link pivots ``every 500 flights or 6 months 
(whichever occurs first),'' for this AD, replace those words with 
``repeat at intervals not to exceed 500 flight cycles or 6 months, 
whichever occurs first.''
    (8) Where paragraph (5) of U.K. CAA AD G-2023-0004R1 specifies 
``as required by paragraphs (1) and (2) of this AD,'' for this AD, 
replace those words with ``as required by paragraphs (1), (2), and 
(3) of this AD.''
    (9) Where the Note in paragraph (5) of U.K. CAA AD G-2023-0004R1 
specifies ``the part must have been inspected in accordance with 
paragraph (1) of this AD and a one-off dimensional check, 
airworthiness assessment and reporting performed in accordance with 
paragraph (2) of this AD,'' for this AD, replace those words with 
``the part must have been inspected in accordance with paragraph (1) 
or (2) of this AD and a one-off dimensional check and airworthiness 
assessment performed in accordance with paragraph (3) of this AD.''
    (10) This AD does not adopt the ``Remarks'' section of U.K. CAA 
AD G-2023-0004R1.

(i) No Reporting Requirement

    Although the U.K. CAA AD G-2023-0004R1 and BAE Systems 
(Operations) Limited Alert Service Bulletin ASB.32-A189, Revision 2, 
dated August 3, 2023, specify to submit certain information to the 
manufacturer, this AD does not include that requirement.

(j) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by 
paragraph (1) of U.K. CAA AD G-2023-0004R1, if those actions were 
performed before the effective date of this AD using BAE Systems 
(Operations) Limited Alert Service Bulletin ASB.32-A189, dated 
September 16, 2022, which was incorporated by reference in AD 2022-
25-18, Amendment 39 22274 (87 FR 75915, December 12, 2022; corrected 
December 27, 2022 (87 FR 79236)); or BAE Systems (Operations) 
Limited Alert Service Bulletin ASB.32-A189, Revision 1, dated March 
13, 2023, which is not incorporated by reference in this AD.
    (2) This paragraph provides credit for actions required by 
paragraph (3) of U.K. CAA AD G-2023-0004R1, if those actions were 
performed before the effective date of this AD using BAE Systems 
(Operations) Limited Alert Service Bulletin ASB.32-A189, Revision 1, 
dated March 13, 2023, which is not incorporated by reference in this 
AD.

(k) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
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 manager of the 
International Validation Branch, mail it to the address identified 
in paragraph (l)(1) of this AD or email to: [email protected]. If mailing information, also submit information by 
email. 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: 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.

(l) Additional Information

    (1) For more information about this AD, contact Todd Thompson, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 206-231-3228; email 
[email protected].
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(4) and (5) of this AD.

(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.
    (i) BAE Systems (Operations) Limited Alert Service Bulletin 
ASB.32-A189, Revision 2, dated August 3, 2023.
    (ii) United Kingdom Civil Aviation Authority (U.K. CAA) AD G-
2023-0004R1, dated November 16, 2023.
    (3) For U.K. CAA AD G-2023-0004R1, contact Civil Aviation 
Authority, Aviation House, Beehive Ring Road, Crawley, West Sussex 
RH6 0YR, United Kingdom; telephone +44(0) 330 022 4401; email 
caa.co.uk">continued.airworthiness@caa.co.uk; website caa.co.uk.
    (4) For BAE Systems (Operations) Limited 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 regional-services.com.
    (5) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th 
Street, Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195.
    (6) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/[email protected]">www.archives.gov/federal-register/cfr/[email protected].

    Issued on December 19, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-28254 Filed 12-26-23; 8:45 am]
BILLING CODE 4910-13-P