[Federal Register Volume 89, Number 75 (Wednesday, April 17, 2024)]
[Rules and Regulations]
[Pages 27383-27386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08108]


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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; 
Amendment 39-22715; AD 2024-06-10]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2022-25-
18, which applied to certain BAE Systems (Operations) Limited Model BAe 
146 and Model Avro 146-RJ series airplanes. AD 2022-25-18 required 
repetitive inspections for cracking of the main landing gear (MLG) side 
stay outer link and replacement if necessary. This AD was prompted by 
additional investigations of the causes of the cracking being 
conducted. This AD requires a reduction of the repetitive visual 
inspection interval, provides optional repetitive special detailed 
inspections, and requires accomplishing a one-off dimensional tolerance 
check and performing a repetitive lubrication of the MLG side stay 
outer link pivot, as specified in United Kingdom (U.K.) Civil Aviation 
Authority (CAA) (U.K. CAA) AD, which is incorporated by reference. The 
FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective May 22, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of May 22, 2024.

ADDRESSES: 
    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 final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    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, Suite 410, Westbury, NY 11590; 
telephone 206-231-3228; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2022-25-18, Amendment 39-22274 (87 FR 
75915, December 12, 2022; corrected December 27, 2022 (87 FR 79236)) 
(AD 2022-25-18). AD 2022-25-18 applied to certain BAE Systems 
(Operations) Limited Model BAe 146 and Model Avro 146-RJ series 
airplanes. AD 2022-25-18 required 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 an 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.
    The NPRM published in the Federal Register on December 27, 2023 (88 
FR 89339). The NPRM was prompted by AD G-2023-0004R1, dated November 
16, 2023 (U.K. CAA AD G-2023-004R1) (also referred to as the MCAI), 
issued by U.K. CAA, which is the aviation authority for the United 
Kingdom. 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.
    In the NPRM, the FAA proposed to require a reduction of the 
repetitive visual inspection interval, provide optional repetitive 
special detailed inspections, and require accomplishing a one-off 
dimensional tolerance check and performing a repetitive lubrication of 
the MLG side stay outer link pivot, as specified in U.K. CAA AD G-2023-
0004R1. The FAA is issuing this AD to address the unsafe condition on 
these products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-2400.

[[Page 27384]]

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    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 
referenced above. The FAA reviewed the relevant data and determined 
that air safety requires adopting this AD as proposed. Accordingly, the 
FAA is issuing this AD to address the unsafe condition on this product. 
Except for minor editorial changes, this AD is adopted as proposed in 
the NPRM. None of the changes will increase the economic burden on any 
operator.

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.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.

Interim Action

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

Costs of Compliance

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

    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) 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 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:
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:

2024-06-10 BAE Systems (Operations) Limited: Amendment 39-22715; 
Docket No. FAA-2023-2400; Project Identifier MCAI-2023-00782-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 22, 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)).

[[Page 27385]]

(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 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.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 that text 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 that text with ``repeat at intervals 
not to exceed 1,200 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 U.K. CAA; or BAE Systems (Operations) Limited's U.K. CAA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-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 that text with ``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 that text 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 that text 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 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 address specified in 
paragraph (m)(4) 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, 
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

[[Page 27386]]

the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on March 19, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-08108 Filed 4-16-24; 8:45 am]
BILLING CODE 4910-13-P