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[Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)]
[Rules and Regulations]
[Pages 73477-73481]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29804]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0908; Directorate Identifier 2010-NM-251-AD; 
Amendment 39-16870; AD 2011-24-06]
RIN 2120-AA64

Airworthiness Directives; BAE SYSTEMS (Operations) Limited 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD) 
that 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. This AD results from mandatory continuing

[[Page 73478]]

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 (Operations) Limited amended Chapter 05-10-15 
of the AMM [aircraft maintenance manual] to introduce a new 
hydraulic filter assembly life limit and to remove the tables 
containing the Mandatory Life Limitations (Landings) on the Bolts 
and Pins as the information is now included in the SSID 
[supplemental structural inspection document] which is already 
mandated by the same AD. In addition, BAE Systems amended Chapter 
05-10-15 of the AMM to enable the use of RJ85 MLG [main landing 
gear] main fittings for lighter weight 146-200 aircraft using the 
same safe life of 50,000 Flight Cycles (FC) and the use of RJ100 MLG 
main fittings for lighter weight RJ85, 146-200 and 146-300 aircraft 
using the same safe life of 40,000 FC.

* * * * *
The unsafe condition is fatigue cracking of certain structural elements 
which could adversely affect the structural integrity of these 
airplanes. We are issuing this AD to require actions to correct the 
unsafe condition on these products.

DATES: This AD becomes effective January 3, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 3, 
2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of June 
25, 2010 (75 FR 28463, May 21, 2010).

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; phone: (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 August 26, 2011 (76 
FR 53348), and proposed to supersede AD 2010-10-22, Amendment 39-16301 
(75 FR 28463, May 21, 2010). That NPRM proposed to correct an unsafe 
condition for the specified products.
    Since we issued AD 2010-10-22, Amendment 39-16301 (75 FR 28463, May 
21, 2010), we have determined that new life limits on certain MLG 
components are necessary. The European Aviation Safety Agency (EASA), 
which is the Technical Agent for the Member States of the European 
Community, has issued EASA Airworthiness Directive 2010-0166, dated 
August 6, 2010 (referred to after this as ``the MCAI''), to correct an 
unsafe condition for the specified products. The MCAI states:

    The BAe 146/AVRO 146-RJ Aircraft Maintenance Manual (AMM) 
includes chapters 05-10 ``Time Limits'', 05-15 ``Critical Design 
Configuration Control Limitations (CDCCL)--Fuel System Description 
and Operation'' and 05-20 ``Scheduled Maintenance Checks'', some 
sub-chapters of which have been identified as requirements for 
continued airworthiness and [EASA] AD 2009-0215 [which corresponds 
to FAA AD 2010-10-22, Amendment 39-16301 (75 FR 28463, May 21, 
2010)] was issued to require operators to comply with those 
instructions.
    Since the issuance of that AD [2009-0215], BAE Systems 
(Operations) Limited has amended the AMM to remove the life limits 
on shock absorber assemblies, but not the individual shock absorber 
components, and amend the life limits on the different standards of 
Main Landing Gear (MLG) Up-Locks and MLG Door Up-Locks in sub-
chapter 05-10-15. In addition BAE Systems has amended Chapter 05-10-
15 of the AMM to introduce and amend life limits on MLG components.
    For the reasons described above, this [EASA] AD amends the 
requirements of AD 2009-0215, which is superseded, and requires the 
implementation of the instructions, limitations, inspections and 
corrective measures as specified in the defined parts of Chapter 05 
of the AMM at Revision 100.

The unsafe condition is fatigue cracking of certain structural elements 
which could adversely affect the structural integrity of these 
airplanes. 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 (76 FR 53348, August 26, 
2011) or on the determination of the cost to the public.

Changes to the AD

    Since we issued the NPRM (76 FR 53348, August 26, 2011), we have 
reviewed EASA AD 2011-0048, dated March 18, 2011, which supersedes EASA 
AD 2010-0166, dated August 6, 2010, and has no substantive changes. The 
actions required by this AD correspond with the actions specified in 
EASA AD 2011-0048, dated March 18, 2011. We have revised the Summary 
and paragraphs (e) and (m) of this AD to refer to EASA AD 2011-0048, 
dated March 18, 2011. No other changes have been made to this AD.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We determined that these changes will not increase the 
economic burden on any operator or increase the scope of the AD.

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 required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a Note within the AD.

Costs of Compliance

    We estimate that this AD will affect about 2 products of U.S. 
registry.
    The actions that are required by AD 2010-10-22, Amendment 39-16301 
(75 FR 28463, May 21, 2010) and retained in this AD take about 2 work-
hours per product, at an average labor rate of $85 per work-hour. 
Required parts cost about $0 per product. Based on these figures, the 
estimated cost of the currently required actions is $170 per product.
    We estimate that it will take about 1 work-hour per product to 
comply with the new 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, or $85 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

[[Page 73479]]

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 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); 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 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 (76 FR 53348, August 26, 
2011), 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, 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 removing Amendment 39-16301 (75 FR 
28463, May 21, 2010) and adding the following new AD:

2011-24-06 BAE SYSTEMS (Operations) Limited: Amendment 39-16870. 
Docket No. FAA-2011-0908; Directorate Identifier 2010-NM-251-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
3, 2012.

Affected ADs

    (b) This AD supersedes AD 2010-10-22, Amendment 39-16301 (75 FR 
28463, May 21, 2010).

Applicability

    (c) 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.

    Note 1:  This AD requires revisions to certain operator 
maintenance documents to include new actions (e.g., inspections) 
and/or Critical Design Configuration Control Limitations (CDCCLs). 
Compliance with these actions and/or CDCCLs is required by 14 CFR 
91.403(c). For airplanes that have been previously modified, 
altered, or repaired in the areas addressed by this AD, the operator 
may not be able to accomplish the actions described in the 
revisions. In this situation to comply with 14 CFR 91.403(c), the 
operator must request approval of an alternative method of 
compliance (AMOC) according to paragraph (l)(1) of this AD. The 
request should include a description of changes to the required 
actions that will ensure the continued operational safety of the 
airplane.

Subject

    (d) Air Transport Association (ATA) of America Code 05.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
* * * * *
    * * * BAE Systems (Operations) Limited amended Chapter 05-10-15 
of the AMM [aircraft maintenance manual] to introduce a new 
hydraulic filter assembly life limit and to remove the tables 
containing the Mandatory Life Limitations (Landings) on the Bolts 
and Pins as the information is now included in the SSID 
[Supplemental Structural Inspection Document] which is already 
mandated by the same AD. In addition, BAE Systems amended Chapter 
05-10-15 of the AMM to enable the use of RJ85 MLG [main landing 
gear] main fittings for lighter weight 146-200 aircraft using the 
same safe life of 50,000 Flight Cycles (FC) and the use of RJ100 MLG 
main fittings for lighter weight RJ85, 146-200 and 146-300 aircraft 
using the same safe life of 40,000 FC.
* * * * *

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.

Restatement of Certain Requirements of AD 2010-10-22, Amendment 39-
16301 (75 FR 28463, May 21, 2010)

New Airworthiness Limitations Revisions

    (g) Within 90 days after June 25, 2010 (the effective date of AD 
2010-10-22, Amendment 39-16301 (75 FR 28463, May 21, 2010)), revise 
the maintenance program, by incorporating Chapter 5 of the BAE 
SYSTEMS (Operations) Limited BAe146 Series/Avro 146-RJ Series AMM to 
incorporate new and more restrictive life limits for certain items 
and new and more restrictive inspections to detect fatigue cracking 
in certain structures, and to add fuel system critical design 
configuration control limitations (CDCCLs) to prevent ignition 
sources in the fuel tanks, in accordance with a method approved by 
the Manager, International Branch, ANM-116, Transport Airplane 
Directorate, FAA; or the European Aviation Safety Agency (EASA) (or 
its delegated agent).

Note 2:

    Guidance on revising Chapter 5 of the BAE SYSTEMS (Operations) 
Limited BAe146 Series/Avro 146-RJ Series AMM, Revision 97, dated 
July 15, 2009, can be found in the applicable sub-chapters listed in 
Table 1 of this AD.

                  Table 1--Applicable AMM Sub-Chapters
------------------------------------------------------------------------
              AMM Sub-chapter                          Subject
------------------------------------------------------------------------
05-10-01..................................  Airframe Airworthiness
                                             Limitations before Life
                                             Extension Programme.
05-10-05 \1\..............................  Airframe Airworthiness
                                             Limitations, Life Extension
                                             Programme Landings Life
                                             Extended.
05-10-10 \2\..............................  Airframe Airworthiness
                                             Limitations, Life Extension
                                             Programme Calendar Life
                                             Extended.
05-10-15..................................  Aircraft Equipment
                                             Airworthiness Limitations.

[[Page 73480]]

 
05-10-17..................................  Power Plant Airworthiness
                                             Limitations.
05-15-00..................................  Critical Design
                                             Configuration Control
                                             Limitations (CDCCL)--Fuel
                                             System Description and
                                             Operation.
05-20-00 \3\..............................  Scheduled Maintenance.
05-20-01..................................  Airframe Scheduled
                                             Maintenance--Before Life
                                             Extension Programme.
05-20-05 \1\..............................  Airframe Scheduled
                                             Maintenance--Life Extension
                                             Programme Landings Life
                                             Extended.
05-20-10 \2\..............................  Airframe Scheduled
                                             Maintenance--Life Extension
                                             Programme Calendar Life
                                             Extended.
05-20-15..................................  Aircraft Equipment Scheduled
                                             Maintenance.
------------------------------------------------------------------------
\1\ Applicable only to airplanes post-modification HCM20011A or
  HCM20012A or HCM20013A.
\2\ Applicable only to airplanes post-modification HCM20010A.
\3\ Paragraphs 5 and 6 only, on the Corrosion Prevention and Control
  Program (CPCP) and the Supplemental Structural Inspection Document
  (SSID).

    Note 3: Sub-chapter 05-15-00 of the BAE SYSTEMS (Operations) 
Limited BAe146 Series/Avro 146-RJ Series AMM, is the CDCCL.

    Note 4: Within Sub-chapter 05-20-00 of the BAE SYSTEMS 
(Operations) Limited BAe146 Series/Avro 146-RJ Series AMM, the 
relevant issues of the support documents are as follows: BAE SYSTEMS 
(Operations) Limited BAe 146 Series/Avro 146-RJ Corrosion Prevention 
and Control Program Document CPCP-146-01, Revision 3, dated July 15, 
2008, including BAE SYSTEMS (Operations) Limited Temporary Revision 
(TR) 2.1, dated December 2008; and BAE SYSTEMS (Operations) Limited 
BAe146 Series Supplemental Structural Inspection Document SSID-146-
01, Revision 1, dated June 15, 2009.

    Note 5: Within Sub-chapter 05-20-01 of the BAE SYSTEMS 
(Operations) Limited BAe146 Series/Avro146-RJ Series AMM, the 
relevant issue of BAE SYSTEMS (Operations) Limited BAe 146/Avro 146-
RJ Maintenance Review Board Report Document MRB 146-01, Issue 2, is 
Revision 15, dated March 2009 (mis-identified in EASA AD 2009-0215, 
dated October 7, 2009, as being dated May 2009).

    Note 6: Notwithstanding any other maintenance or operational 
requirements, components that have been identified as airworthy or 
installed on the affected airplanes before revision of Chapter 5 of 
the AMM, as required by paragraph (g) of this AD, do not need to be 
reworked in accordance with the CDCCLs. However, once the ALS or AMM 
has been revised, future maintenance actions on these components 
must be done in accordance with the CDCCLs.

    (h) Except as specified in paragraphs (i) and (j) of this AD: 
After the actions specified in paragraph (g) of this AD have been 
accomplished, no alternative inspections or inspection intervals may 
be approved for the structural elements specified in the documents 
listed in paragraph (g) of this AD.
    (i) Modifying the main fittings of the main landing gear in 
accordance with Messier-Dowty Service Bulletin 146-32-171, dated 
August 11, 2009, extends the safe limit of the main landing gear 
main fitting from 32,000 landings to 50,000 landings on the main 
fitting.

New Requirements of This AD

New Airworthiness Limitations Revisions

    (j) Within 90 days after the effective date of this AD, revise 
the maintenance program, by incorporating Subject 05-10-15, 
``Aircraft Equipment Airworthiness Limitations'' of Chapter 05, 
``Time Limits/Maintenance Checks,'' of the BAE SYSTEMS (Operations) 
Limited BAe 146 Series/Avro 146-RJ Series AMM, Revision 104, dated 
April 15, 2011, to remove life limits on shock absorber assemblies, 
but not the individual shock absorber components, amend life limits 
on MLG up-locks and door up-locks, and to introduce and amend life 
limits on MLG components. Incorporating the new life limits and 
inspections into the maintenance program terminates the requirements 
of paragraph (g) of this AD for Subject 05-10-15, ``Aircraft 
Equipment Airworthiness Limitations'' of Chapter 05, ``Time Limits/
Maintenance Checks,'' of the BAE SYSTEMS (Operations) Limited BAe 
146 Series/Avro 146-RJ Series AMM, Revision 104, dated April 15, 
2011, and after incorporation has been done, the limitations 
required by paragraph (g) of this AD for Subject 05-10-15, 
``Aircraft Equipment Airworthiness Limitations'' of Chapter 05, 
``Time Limits/Maintenance Checks,'' of the BAE SYSTEMS (Operations) 
Limited BAe 146 Series/Avro 146-RJ Series AMM, Revision 104, dated 
April 15, 2011, may be removed from the maintenance program.

No Alternative Actions, Intervals, and/or Critical Design Configuration 
Control Limitations (CDCCLs)

    (k) After accomplishing the revision required by paragraph (j) 
of this AD, no alternative actions (e.g., inspections), intervals, 
and/or CDCCLs may be used, unless the actions, intervals, and/or 
CDCCLs are approved as an alternative method of compliance (AMOC) in 
accordance with the procedures specified in paragraph (l)(1) of this 
AD.

FAA AD Differences

    Note 7: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (l) 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.

Related Information

    (m) Refer to MCAI EASA Airworthiness Directive 2011-0048, dated 
March 18, 2011; Subject 05-10-15, ``Aircraft Equipment Airworthiness 
Limitations,'' of Chapter 05, ``Time Limits/Maintenance Checks,'' of 
the BAE SYSTEMS (Operations) Limited BAe 146 Series/Avro 146-RJ 
Series AMM, Revision 104, dated April 15, 2011; and Messier-Dowty 
Service Bulletin 146-32-171, dated August 11, 2009; for related 
information.

Material Incorporated by Reference

    (n) You must use Subject 05-10-15, ``Aircraft Equipment 
Airworthiness Limitations,'' of Chapter 05, ``Time Limits/
Maintenance Checks,'' of the BAE SYSTEMS (Operations) Limited BAe 
146 Series/Avro 146-RJ Series Aircraft Maintenance Manual (AMM), 
Revision 104, dated April 15, 2011, to do the applicable actions 
required by this AD, unless the AD specifies otherwise. If you do 
the optional modification specified in this AD, you must use 
Messier-Dowty Service Bulletin 146-32-171, dated August 11, 2009, to 
do those actions, unless the AD specifies

[[Page 73481]]

otherwise. Only the transmittal letter and Chapter 05 List of 
Effective Pages contain the date of Revision 104 of the BAE Systems 
(Operations) Limited BAe 146 Series/Avro 146-RJ Series AMM.
    (1) The Director of the Federal Register approved the 
incorporation by reference of Subject 05-10-15, ``Aircraft Equipment 
Airworthiness Limitations,'' of Chapter 05, ``Time Limits/
Maintenance Checks,'' of the BAE SYSTEMS (Operations) Limited BAe 
146 Series/Avro 146-RJ Series AMM, Revision 104, dated April 15, 
2011, under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) The Director of the Federal Register previously approved the 
incorporation by reference of Messier-Dowty Service Bulletin 146-32-
171, dated August 11, 2009, on June 25, 2010 (75 FR 28463, May 21, 
2010).
    (3) 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.
    (4) For Messier-Dowty service information identified in this AD, 
contact Messier-Dowty: 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.
    (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 NARA, 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 November 8, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-29804 Filed 11-28-11; 8:45 am]
BILLING CODE 4910-13-P
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