[Federal Register Volume 77, Number 44 (Tuesday, March 6, 2012)]
[Proposed Rules]
[Pages 13230-13232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5380]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0189; Directorate Identifier 2011-NM-133-AD]
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: We propose to adopt a new airworthiness directive (AD) for 
certain BAE SYSTEMS (OPERATIONS) LIMITED Model BAe 146 and Avro 146-RJ 
airplanes. This proposed AD was prompted by a report of a crack found 
on the left-hand sidewall well on the nose landing gear (NLG). This 
proposed AD would require performing a repetitive high frequency eddy 
current inspection of the stiffeners on the left-hand sidewall on the 
NLG gear bay for cracks, and repair or replace the sidewall if 
necessary. Replacing the sidewall with a certain sidewall part number 
constitutes a terminating action for the repetitive inspections. We are 
proposing this AD to detect and correct failure of the sidewall, which 
could result in consequent in-flight rapid decompression of the cabin 
and injury to the passengers.

DATES: We must receive comments on this proposed AD by April 20, 2012.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For 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; email 
<a href="/cdn-cgi/l/email-protection#752734050017191c1614011c1a1b0635171410060c06011018065b161a18"><span class="__cf_email__" data-cfemail="0c5e4d7c796e60656f6d786563627f4c6e6d697f757f7869617f226f6361">[email protected]</span></a>; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. 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

[[Page 13231]]

this proposed AD. Send your comments to an address listed under the 
ADDRESSES section. Include ``Docket No. FAA-2012-0189; Directorate 
Identifier 2011-NM-133-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 2011-0097, dated May 25, 2011 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    During accomplishment of EASA AD 2007-0305 on an Avro 146-RJ85, 
a corner crack was found on the left hand Nose Landing Gear (NLG) 
sidewall well. The crack was located on one of the sidewall 
stiffeners adjacent to the area being inspected. In this instance, 
the cracking was severe enough to warrant replacement of the 
sidewall. Analysis has shown that these types of cracks are likely 
to exist or develop in other aeroplanes of the same design.
    This condition, if not detected and corrected, could result in 
failure of the sidewall and consequent in-flight rapid decompression 
of the cabin and injury to its occupants.
    For the reasons described above, this [EASA] AD requires 
repetitive [high frequency eddy current] inspections of the 
stiffeners [for cracks] on the left hand NLG sidewall. This [EASA] 
AD also introduces an optional terminating action for the repetitive 
inspections.

    The corrective actions include repairing or replacing the sidewall 
with a new sidewall. 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.53-229, Revision 1, dated November 22, 2010. 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 Proposed AD and the MCAI or Service 
Information

    This proposed AD specifies not installing certain sidewalls after 
the installation of a new sidewall is done. This proposed AD does not 
allow installation of certain sidewalls as of the effective date of 
this 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.
    In addition, we estimate that any necessary follow-on actions would 
take about 2 work-hours and require parts costing $8,850, for a cost of 
$9,020 per product. We have no way of determining the number of 
products that may need these actions.

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);
    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.
    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-2012-0189; 
Directorate Identifier 2011-NM-133-AD.

(a) Comments Due Date

    We must receive comments by April 20, 2012.

(b) Affected ADs

    None.

(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

[[Page 13232]]

category; all serial numbers; on which the left-hand sidewall of the 
nose landing gear (NLG) bay has one of the following part numbers 
installed: HC537L0002-000, -002, and -004, HC537H8021-000, -002, and 
-004, and HC537H8018-000.

(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 NLG. We are issuing this AD to correct and 
detect failure of the sidewall, which could result in consequent in-
flight rapid decompression of the cabin and injury to the 
passengers.

(f) Compliance

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

(g) Inspection

    Before the accumulation of 12,000 total flight cycles or within 
4,000 flight cycles after the effective date of this AD, whichever 
occurs later: Perform a high frequency eddy current inspection of 
the stiffeners on the left-hand sidewall on the NLG gear bay 
adjacent to the boss at the NLG retraction jack attachment pin hole, 
in accordance with the Accomplishment Instructions of BAE SYSTEMS 
(OPERATIONS) LIMITED Inspection Service Bulletin ISB.53-229, 
Revision 1, dated November 22, 2010. Repeat the inspection 
thereafter at intervals not to exceed 12,000 flight cycles, except 
as provided in paragraph (i) of this AD.

(h) Repair

    If, during any inspection required by paragraph (g) of this AD, 
any crack is found in the sidewall stiffeners, before further flight 
repair the sidewall stiffeners, using a method approved by either 
the Manager, International Branch, ANM 116, Transport Airplane 
Directorate, FAA; or the EASA (or its delegated agent); or do the 
replacement specified in paragraph (i) of this AD.

(i) Optional Replacement

    Replacement of the sidewall stiffeners, with sidewall P/N 
HC537L0002-006, on any airplane, in accordance with the 
Accomplishment Instructions of BAE SYSTEMS (OPERATIONS) LIMITED 
Inspection Service Bulletin ISB.53-229, Revision 1, dated November 
22, 2010, terminates the repetitive inspections required by 
paragraph (g) of this AD.

(j) Parts Installation

    As of the effective date of this AD: No person may install a 
sidewall stiffener with P/N HC537L0002-000, -002, or -004, 
HC537H8021-000, -002, or -004, or HC537H8018-000, on any airplane.

(k) Credit for Previous Actions

    This paragraph provides credit for inspections and replacements, 
as specified in paragraphs (g) and (i) of this AD, if those actions 
were performed before the effective date of this AD using BAE 
SYSTEMS (OPERATIONS) LIMITED Inspection Service Bulletin ISB.53-229, 
dated July 8, 2010.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, 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 emailed to: <a href="/cdn-cgi/l/email-protection#6950442827244458585f442824262a443b2c383c2c3a3d3a290f0808470e061f"><span class="__cf_email__" data-cfemail="437a6e020d0e6e7272756e020e0c006e1106121606101710032522226d242c35">[email protected]</span></a>. 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.

(m) Related Information

    Refer to MCAI EASA Airworthiness Directive 2011-0097, dated May 
25, 2011; and BAE SYSTEMS (OPERATIONS) LIMITED Inspection Service 
Bulletin ISB.53-229, Revision 1, dated November 22, 2010; for 
related information.

    Issued in Renton, Washington, on February 27, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-5380 Filed 3-5-12; 8:45 am]
BILLING CODE 4910-13-P


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