Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Rules and Regulations 18469 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2015–4212; Directorate 

Identifier 2015–NM–010–AD; Amendment 

39–18451; AD 2016–07–06] 

RIN 2120–AA64 

Airworthiness Directives; BAE 

Systems (Operations) Limited 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all BAE 

Systems (Operations) Limited Model 

BAe 146 series airplanes and Model 

Avro 146–RJ series airplanes. This AD 

was prompted by reports of cracking of 

the main fitting of the nose landing gear 

(NLG) and a determination that a new 

safe-life limitation for affected NLG 

main fittings has not been mandated. 

This AD requires replacing affected NLG 

main fittings that have exceeded the 

safe-life limitation with a new or 

serviceable fitting. We are issuing this 

AD to prevent collapse of the NLG, 

which if not corrected, could lead to 

degradation of direction control on the 

ground or an un-commanded turn to the 

left, and a consequent loss of control of 

the airplane on the ground, possibly 

resulting in damage to the airplane and 

injury to occupants. 

DATES: This AD becomes effective May 

5, 2016. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of May 5, 2016. 

ADDRESSES: For service information 

identified in this final rule, 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 RApublications@

baesystems.com; Internet http://

www.baesystems.com/Businesses/

RegionalAircraft/index.htm. You may 

view this referenced service information 

at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., 

Renton, WA. For information on the 

availability of this material at the FAA, 

call 425–227–1221. It is also available 

on the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2015– 

4212. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2015– 

4212; or in person at the Docket 

Management Facility between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations office (telephone 

800–647–5527) is Docket Management 

Facility, U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; telephone 425–227–1175; 

fax 425–227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to all BAE Systems (Operations) 

Limited Model BAe 146 series airplanes 

and Model Avro 146–RJ series airplanes. 

The NPRM published in the Federal 

Register on November 12, 2015 (80 FR 

69903) (‘‘the NPRM’’). 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA Airworthiness 

Directive 2012–0191R1, dated 

November 6, 2012 (referred to after this 

as the Mandatory Continuing 

Airworthiness Information, or ‘‘the 

MCAI’’), to correct an unsafe condition 

for all BAE Systems (Operations) 

Limited Model BAe 146 series airplanes 

and Model Avro 146–RJ series airplanes. 

The MCAI states: 

Several occurrences of the aeroplane‘s 

Nose Landing Gear (NLG) Main Fitting 

cracking have been reported. Subsequently in 

different cases, NLG Main Fitting crack lead 

to collapsed NLG, locked NLG steering and 

an aeroplane‘s un-commanded steering to the 

left. 

Cracks in the NLG Bell Housing are not 

detectable with the NLG fitted to the 

aeroplane and are difficult to detect during 

overhaul without substantial disassembly of 

the gear. 

This condition, if not corrected, could lead 

to degradation of directional control on the 

ground or an un-commanded turn to the left 

and a consequent loss of control of the 

aeroplane on the ground, possibly resulting 

in damage to the aeroplane and injury to 

occupants. 

Prompted by these findings, BAE Systems 

(Operations) Ltd issued Inspection Service 

Bulletin (ISB) 32–186 (hereafter referred to as 

the ISB) to introduce a new safe life of 16,000 

flight cycles (FC) for certain NLG main 

fittings, having a Part Number (P/N) as 

identified in Paragraph 1A, tables 1, 2 and 3 

of the ISB. 

To correct this unsafe condition, EASA 

issued [EASA] AD 2012–0191 to require 

implementation of the new safe-life 

limitation for the affected NLG main fittings 

and replacement of fittings that have already 

exceeded the new limit. 

* * * * * 

You may examine the MCAI in the 

AD docket on the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2015– 

4212. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting this AD 

as proposed, except for minor editorial 

changes. We have determined that these 

minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM for 

correcting the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM. 

Related Service Information Under 1 

CFR Part 51 

BAE Systems (Operations) Limited 

has issued Inspection Service Bulletin 

ISB.32–186, dated April 12, 2012. This 

service information describes 

procedures for reviewing airplane 

records to determine the part number 

for the NLG main fittings, and 

determining the compliance times for 

replacing the NLG main fittings, and 

replacing the fitting with a new or 

serviceable fitting. 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. 

Costs of Compliance 

We estimate that this AD affects 4 

airplanes of U.S. registry. 

We also estimate that it takes about 36 

work-hours per product to comply with 

the basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Required parts will cost $81,000 per 

product. Based on these figures, we 


jstallworth on DSK7TPTVN1PROD with RULES
18470 Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Rules and Regulations 

estimate the cost of this AD on U.S. 

operators to be $336,240, or $84,060 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 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. 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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of 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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2016–07–06 BAE Systems (Operations) 

Limited: Amendment 39–18451. Docket 

No. FAA–2015–4212; Directorate 

Identifier 2015–NM–010–AD. 

(a) Effective Date 

This AD becomes effective May 5, 2016. 

(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 

category; all models, all serial numbers. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 05, Time Limits/Maintenance 

Checks. 

(e) Reason 

This AD was prompted by reports of 

cracking of the main fitting of the nose 

landing gear (NLG) and a determination that 

a new safe-life limitation for affected NLG 

main fittings has not been mandated. We are 

issuing this AD to prevent collapse of the 

NLG, which if not corrected, could lead to 

degradation of direction control on the 

ground or an uncommanded turn to the left, 

and a consequent loss of control of the 

airplane on the ground, possibly resulting in 

damage to the airplane and injury to 

occupants. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Repetitive Replacement of NLG Main 

Fitting 

At the applicable compliance time 

specified in paragraphs (g)(1) through (g)(4) 

of this AD: Replace each affected NLG main 

fitting, having a part number (P/N) as 

identified in paragraph 1.A, tables 1., 2., and 

3. of BAE Systems (Operations) Limited 

Inspection Service Bulletin ISB.32–186, 

dated April 12, 2012, in accordance with the 

Accomplishment Instructions of that BAE 

Systems (Operations) Limited Inspection 

Service Bulletin ISB.32–186, dated April 12, 

2012. Thereafter, before the accumulation of 

16,000 flight cycles on any affected NLG 

main fitting having a part number as 

identified in paragraph 1.A, tables 1., 2., and 

3. of BAE Systems (Operations) Limited 

Inspection Service Bulletin ISB.32–186, 

dated April 12, 2012, replace each affected 

NLG main fitting, in accordance with the 

Accomplishment Instructions of that BAE 

Systems (Operations) Limited Inspection 

Service Bulletin ISB.32–186, dated April 12, 

2012. 

(1) For NLG main fittings that have 

accumulated 29,000 flight cycles or more 

since first installation on an airplane: Within 

12 months after the effective date of this AD. 

(2) For NLG main fittings that have 

accumulated 20,000 flight cycles or more but 

less than 29,000 flight cycles since first 

installation on an airplane: Within 24 months 

after the effective date of this AD. 

(3) For NLG main fittings that have 

accumulated 16,000 flight cycles or more but 

less than 20,000 flight cycles since first 

installation on an airplane: Within 36 months 

after the effective date of this AD. 

(4) For NLG main fittings that have 

accumulated less than 16,000 flight cycles 

since first installation on an airplane: Before 

accumulating 16,000 flight cycles since first 

installation on an airplane, or within 36 

months after the effective date of this AD, 

whichever occurs later. 

(h) Parts Installation Limitation 

As of the effective date of this AD, no 

person may install an NLG main fitting 

having a part number identified in paragraph 

1.A., tables 1., 2., and 3., of BAE Systems 

(Operations) Limited Inspection Service 

Bulletin ISB.32–186, dated April 12, 2012, 

unless that fitting is in compliance with the 

requirements of this AD. 

(i) Other FAA AD Provisions 

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, WA 98057–3356; 

telephone 425–227–1175; fax 425–227–1149. 

Information may be emailed 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) Contacting the Manufacturer: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer, the action must 

be accomplished using a method approved 

by the Manager, International Branch, ANM– 

116, Transport Airplane Directorate, FAA; or 

the European Aviation Safety Agency 

(EASA); or BAE Systems (Operations) 

Limited’s EASA Design Organization 

Approval (DOA). If approved by the DOA, 

the approval must include the DOAauthorized signature. 

(j) Related Information 

Refer to Mandatory Continuing 

Airworthiness Information (MCAI) EASA 

Airworthiness Directive 2012–0191R1, dated 

November 6, 2012, for related information. 

This MCAI may be found in the AD docket 

on the Internet at http://www.regulations.gov 


jstallworth on DSK7TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Rules and Regulations 18471 

1The reclassification adopted the International 

Civil Aviation Organization (ICAO) letter 

classifications. (56 FR 65638; December 17, 1991). 

2The effective date for the reclassification was 

September 16, 1993. 

by searching for and locating Docket No. 

FAA–2015–4212. 

(k) 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 

Inspection Service Bulletin ISB.32–186, 

dated April 12, 2012. 

(ii) Reserved. 

(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 RApublications@

baesystems.com; Internet http://

www.baesystems.com/Businesses/

RegionalAircraft/index.htm. 

(4) You may view this service information 

at the FAA, Transport Airplane Directorate, 

1601 Lind Avenue SW., Renton, WA. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on March 

20, 2016. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2016–07020 Filed 3–30–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2016–5391; Airspace 

Docket No. 16–AWA–3] 

RIN 2120–AA66 

Removal of Class A Airspace Area 

Exclusion 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action removes a 

provision in part 71 that excludes from 

Class A airspace, that portion of U.S. 

domestic airspace that overlies the 

Santa Barbara and Farallon Islands and 

the airspace south of latitude 25°04′00′′ 

North (overlying and in the vicinity of 

the Florida Keys). The effect of this 

provision is that the airspace from 

18,000 feet MSL up to and including 

Flight Level (FL) 600 (within the 

excluded areas) is classified as Class G 

(uncontrolled) airspace which limits the 

flexibility for air traffic control 

operations. 

DATES: Effective date 0901 UTC March 

31, 2016. 

ADDRESSES: For information on where to 

obtain copies of rulemaking documents 

and other information related to this 

final rule, see ‘‘How To Obtain 

Additional Information’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: Paul 

Gallant, Airspace Policy Group, Office 

of Airspace Services, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

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. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of the airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it removes 

from 14 CFR 71.33(a) a provision that 

excludes the airspace in the vicinity of 

the Santa Barbara and Farallon Islands 

and the Florida Keys from U.S. Class A 

airspace in order to maintain the safe 

and efficient flow of air traffic. 

Background 

Positive Control Areas 

In 1958, the Civil Aeronautics Board 

delegated to the Administrator the 

authority to designate positive control 

route segments in any portion of the 

airspace between 17,000 to 35,000 feet, 

within which certain operational 

requirements would be applicable. That 

same year the Administrator designated 

in 14 CFR part 601 specific airways as 

positive control airspace, noting that 

‘‘with experience and the acquisition of 

more and better equipment, the positive 

control area will undoubtedly, from 

time to time, be expanded.’’ 23 FR 3917 

(June 5, 1958). 

In 1962, the FAA redesignated part 

601 as part 71. 27 FR 10353 (Oct. 24, 

1962). Section 71.15 addressed positive 

control areas, and § 71.193 (published 

separately) contained those areas 

designated as positive control areas. 

Over several years, the airspace 

designated as positive control areas 

continued to expand as anticipated with 

the FAA’s increased capability to 

control air traffic. In 1965, the FAA 

established an expansive area of 

positive control airspace designated the 

‘‘continental positive control area.’’ 30 

FR 1836 (February 10, 1965). The FAA 

excluded from that positive control area 

the airspace over Santa Barbara Island 

and the Farallon Islands, and the 

airspace south of the latitude 25°04′00′′ 

North. 

Class A Airspace 

In 1991, the FAA issued a final rule 

reclassifying ‘‘positive control areas’’ as 

Class A airspace.1 56 FR 65638, 65639 

(Dec. 17, 1991).2 In that final rule, new 

§ 71.33 defined Class A airspace and 

continued to exclude from Class A 

airspace that airspace over Santa 

Barbara Island, the Farallon Islands, and 

south of latitude 25°04′00′′ North that 

was originally established in 1965. 

Unless otherwise specified, Class A 

airspace in the United States consists of 

that airspace from 18,000 feet MSL up 

to and including flight level (FL) 600. 

Unless otherwise authorized, all persons 

must operate their aircraft under 

instrument flight rules in airspace 

designated as Class A and comply with 

the applicable requirements of 14 CFR 

part 91. ‘‘Class A airspace’’ includes, in 

part, ‘‘that airspace overlying the waters 

within 12 nautical miles of the coast of 

the 48 contiguous States, from 18,000 

feet MSL to and including FL600 

excluding the states of Alaska and 

Hawaii, Santa Barbara Island, Farallon 

Island, and the airspace south of 

latitude 25°04′00′′ North.’’ 

The airspace excluded from Class A 

airspace over the Santa Barbara and 

Farallon Islands and the airspace south 

of 25°04′00′′ North renders those 

portions of U.S. domestic airspace (i.e., 

within 12 nautical miles (NM) of the 

baseline of the United States) as Class G 

(uncontrolled) airspace, which limits 

the provision of air traffic control 

services in those areas. 

As these excluded areas lie within the 

12 NM territorial limits of the United 

States, the airspace would ordinarily be 

classified as Class A airspace. When the 

exclusions were implemented decades 

ago, air traffic control services in the 


jstallworth on DSK7TPTVN1PROD with RULES