Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Rules and Regulations 37773 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0189; Directorate 

Identifier 2011–NM–133–AD; Amendment 

39–17102; AD 2012–12–22] 

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 certain 

BAE Systems (Operations) Limited 

Model BAe 146 and Avro 146–RJ 

airplanes. This AD was prompted by a 

report of a crack found on the left-hand 

sidewall well on the nose landing gear 

(NLG). This AD requires performing a 

repetitive high frequency eddy current 

inspection of the stiffeners on the lefthand sidewall on the NLG bay for 

cracks, and repair or replace the 

sidewall if necessary. We are issuing 

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: This AD becomes effective July 

30, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of July 30, 2012. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

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, 

Washington 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 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on March 6, 2012 (77 FR 

13230). That NPRM proposed 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. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM (77 

FR 13230, March 6, 2012) 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 the AD 

as proposed. 

Costs of Compliance 

We estimate that this AD will affect 1 

product of U.S. registry. We also 

estimate that it will take about 2 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Based on these figures, we estimate the 

cost of this AD to the 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 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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

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 the NPRM (77 FR 13230, 

March 6, 2012), 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. 

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, 


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37774 Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Rules and Regulations 

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 AD: 

2012–12–22 BAE Systems (Operations) 

Limited: Amendment 39–17102. Docket 

No. FAA–2012–0189; Directorate 

Identifier 2011–NM–133–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective July 30, 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 

category; all serial numbers; on which the 

left-hand sidewall of the nose landing gear 

(NLG) bay has one of the following part 

numbers (P/N) 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 detect 

and correct 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 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 European 

Aviation Safety Agency (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: 

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. 

(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. 

(n) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the following service information 

under 5 U.S.C. 552(a) and 1 CFR part 51. 

(2) You must use the following service 

information to do the actions required by this 

AD, unless the AD specifies otherwise. 

(i) BAE Systems (Operations) Limited 

Inspection Service Bulletin ISB.53–229, 

Revision 1, dated November 22, 2010. 

(3) If you accomplish the optional actions 

specified by this AD, you must use the 

following service information to perform 

those actions, unless the AD specifies 

otherwise. 

(i) BAE Systems (Operations) Limited 

Inspection Service Bulletin ISB.53–229, 

Revision 1, dated November 22, 2010. 

(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 

RApublications@baesystems.com; Internet 

http://www.baesystems.com/Businesses/ 

RegionalAircraft/index.htm. 

(5) You may review copies of the 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. 

(6) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at an NARA facility, call 202–741– 

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on June 14, 

2012. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–15169 Filed 6–22–12; 8:45 am] 

BILLING CODE 4910–13–P 


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