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[Federal Register Volume 76, Number 120 (Wednesday, June 22, 2011)]
[Proposed Rules]
[Pages 36398-36400]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15538]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0569; Directorate Identifier 2010-NM-240-AD]
RIN 2120-AA64

Airworthiness Directives; BAE SYSTEMS (OPERATIONS) LIMITED Model 
BAe 146 and Avro 146-RJ Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    BAE Systems have received reports of in-service failure of the 
Main Landing Gear (MLG) shock absorber lower attachment pin.
* * * * *
This condition, if not detected and corrected, could lead to a MLG 
collapse on the ground or during landing and consequently damage to 
the aeroplane or injury to the occupants.

The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by August 8, 2011.

ADDRESSES: You may send comments 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 W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For BAE SYSTEMS (OPERATIONS) LIMITED service information identified 
in this proposed 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; e-mail RApublications@baesystems.com; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm.
    For Messier-Dowty service information identified in this proposed 
AD, contact Messier Services Americas, Customer Support Center, 45360 
Severn Way, Sterling, Virginia 20166-8910; telephone 703-450-8233; fax 
703-404-1621; Internet https://techpubs.services/messier-dowty.com.
    You may review copies of the referenced service information at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. 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; or in person at the Docket Operations office 
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 Operations 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, Washington 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.

[[Page 36399]]

FAA-2011-0569; Directorate Identifier 2010-NM-240-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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2010-0201, dated October 5, 2010 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    BAE Systems have received reports of in-service failure of the 
Main Landing Gear (MLG) shock absorber lower attachment pin.
    Investigation has shown that the pin failures were due to 
corrosion.
    This condition, if not detected and corrected, could lead to a 
MLG collapse on the ground or during landing and consequently damage 
to the aeroplane or injury to the occupants.
    For the reasons described above, this AD requires repetitive 
[general visual] inspections [for damage (cracking, corrosion, and 
exposed material)] of the MLG shock absorber lower attachment pins 
and replacement, depending on findings.

The replacement, if damage is found, consists of installing serviceable 
pins. You may obtain further information by examining the MCAI in the 
AD docket.

Relevant Service Information

    BAE SYSTEMS (OPERATIONS) LIMITED has issued Inspection Service 
Bulletin ISB.32-176, dated November 12, 2009. Messier-Dowty has issued 
Service Bulletin 146-32-157, including Appendix A, dated February 12, 
2009. The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    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 the same 
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 1 product of U.S. registry. We also estimate that it 
would take about 2 work-hours 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 the proposed 
AD on U.S. operators to be $170 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 2 work-hours and require parts costing $14,000, for a cost 
of $14,170 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); 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

BAE Systems (Operations) Limited: Docket No. FAA-2011-0569; 
Directorate Identifier 2010-NM-240-AD.

Comments Due Date

    (a) We must receive comments by August 8, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to BAE SYSTEMS (OPERATIONS) LIMITED Model 
BAe 146-100A, -200A, and -300A airplanes; and Avro 146-RJ70A, 146-
RJ85A, and 146-RJ100A airplanes; certificated in any category; all 
serial numbers.

Subject

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

[[Page 36400]]

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    BAE Systems have received reports of in-service failure of the 
Main Landing Gear (MLG) shock absorber lower attachment pin.
* * * * *
    This condition, if not detected and corrected, could lead to a 
MLG collapse on the ground or during landing and consequently damage 
to the aeroplane or injury to the occupants.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspections

    (g) Within 4,000 flight cycles or 2 years after the effective 
date of this AD, whichever occurs first: Do the initial inspection 
of the MLG shock absorber lower attachment pins in accordance with 
paragraph 2.C of BAE SYSTEMS (OPERATIONS) LIMITED Inspection Service 
Bulletin ISB.32-176, dated November 12, 2009; and paragraph 3. of 
Messier-Dowty Service Bulletin 146-32-157, dated February 12, 2009.
    (h) Thereafter, at intervals not to exceed 8,000 flight cycles 
or 4 years, whichever occurs first, repeat the inspection required 
by paragraph (g) of this AD.

Corrective Action

    (i) If, during any inspection required by paragraphs (g) and (h) 
of this AD, the chromium plating on the outer diameter of any pin is 
found cracked, or the base material is exposed, or any corrosion is 
found on the chromium plating on the outer diameter of any pin, 
before further flight, replace the pin with a serviceable pin in 
accordance with paragraph 2.C of BAE SYSTEMS (OPERATIONS) LIMITED 
Inspection Service Bulletin ISB.32-176, dated November 12, 2009; and 
paragraph 3. of Messier-Dowty Service Bulletin 146-32-157, dated 
February 12, 2009.
    (j) Replacing the pin, as required by paragraph (i) of this AD, 
does not constitute a terminating action for the repetitive 
inspections required by paragraph (h) of this AD.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service 
information as follows: No differences.

Other FAA AD Provisions

    (k) 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, 
Washington 98057-3356; telephone (425) 227-1175; fax (425) 227-1149. 
Information may be e-mailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. 
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. The AMOC approval letter must specifically reference this 
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

Related Information

    (l) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2010-0201, dated October 5, 2010; BAE SYSTEMS (OPERATIONS) 
LIMITED Inspection Service Bulletin ISB.32-176, dated November 12, 
2009; and Messier-Dowty Service Bulletin 146-32-157, dated February 
12, 2009; for related information.

    Issued in Renton, Washington on June 10, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-15538 Filed 6-21-11; 8:45 am]
BILLING CODE 4910-13-P
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