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[Federal Register Volume 75, Number 129 (Wednesday, July 7, 2010)]
[Proposed Rules]
[Pages 38953-38956]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16519]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0673; Directorate Identifier 2009-NM-208-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 that would supersede an existing AD. 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: In June 2000, prompted by a 
crack found at the top of the NLG [nose landing gear] oleo, BAE Systems 
(Operations) Ltd issued Inspection Service Bulletin (SB) 32-158. This 
SB was classified mandatory by the UK [United Kingdom] Civil Aviation 
Authority under AD number 002-06-2000, requiring repetitive non-
destructive testing (NDT) inspections for cracking on the upper end of 
the NLG oleo. The AD also provided an optional terminating action for 
the repetitive inspections, by embodiment of Messier-Dowty SB.146-32-
150. As part of a recent accident investigation, the examination of a 
fractured NLG main fitting showed that Messier-Dowty [M-D] SB.146-32-
150 had not been accomplished, although the records indicated that it 
had been. BAE Systems has determined that more NLG units could be 
similarly affected. These NLG units have been overhauled at Messier 
Services in Sterling, Virginia, in the United States. This condition, 
if not corrected, could result in NLG failure. Subsequently, 
investigation and analysis by M-D has identified the need for a 
reduction of the inspection threshold and the repetitive inspection 
interval for the affected NLG units and has replaced M-D SB 146-32-149 
with M-D SB 146-32-174. The unsafe condition is cracking of the NLG, 
which could adversely affect the airplane's safe landing. 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 23, 2010.

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) Ltd, Customer 
Information Department, Prestwick International Airport, Ayrshire, KA9 
2RW, Scotland, United Kingdom; telephone +44 1292 675704; e-mail 
RApublications@baesystems.com; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. For Messier-Dowty, 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. FAA-2010-0673; 
Directorate Identifier 2009-NM-208-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 have lengthened the 30-day comment period for proposed ADs that 
address MCAI originated by aviation authorities of other countries to 
provide adequate time for interested parties to submit comments. The 
comment period for these proposed ADs is now typically 45 days, which 
is consistent with the comment period for domestic transport ADs.
    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

    On February 6, 2002, we issued AD 2002-03-10, Amendment 39-12651 
(67 FR 6855, February 14, 2002). That AD required actions intended to 
address an unsafe condition on the products listed above.
    Since we issued AD 2002-03-10, investigation and analysis by 
Messier-Dowty has identified the need for a reduction of the inspection 
threshold and the repetitive inspection interval for the affected nose 
landing gear (NLG) units, and has replaced Messier-Dowty Service 
Bulletin 146-32-149, dated April 17, 2000, with Messier-Dowty Service 
Bulletin 146-32-174, Revision 1, dated September 2, 2009. The European 
Aviation Safety Agency (EASA), which is the Technical Agent for the 
Member States of the European Community, has issued EASA Airworthiness 
Directive 2010-0001-E, dated January 4, 2010 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

[[Page 38954]]

    In June 2000, prompted by a crack found at the top of the NLG 
oleo, BAE Systems (Operations) Ltd issued Inspection Service 
Bulletin (SB) 32-158.
    This SB was classified mandatory by the UK [United Kingdom] 
Civil Aviation Authority under AD number 002-06-2000, requiring 
repetitive non-destructive testing (NDT) inspections for cracking on 
the upper end of the NLG oleo. The AD also provided an optional 
terminating action for the repetitive inspections, by embodiment of 
Messier-Dowty SB.146-32-150.
    As part of a recent accident investigation, the examination of a 
fractured NLG main fitting showed that Messier-Dowty SB.146-32-150 
had not been accomplished, although the records indicated that it 
had been. BAE Systems has determined that more NLG units could be 
similarly affected. These NLG units have been overhauled at Messier 
Services in Sterling, Virginia, in the United States. This 
condition, if not corrected, could result in NLG failure.
    To address this situation, EASA issued Emergency AD 2009-0043-E 
to require repetitive NDT inspections of each affected NLG unit and, 
if cracks are found, replacement with a serviceable unit, in 
accordance with the instructions of BAE Systems (Operations) Limited 
Alert Inspection Service Bulletin ISB.A32-180 and Messier-Dowty (M-
D) SB 146-32-149.
    Subsequently, investigation and analysis by M-D identified the 
need for a reduction of the inspection threshold and the repetitive 
inspection interval for the affected NLG units and replaced M-D SB 
146-32-149 with M-D SB 146-32-174. Consequently, BAE Systems SB 32-
158 was withdrawn and superseded by BAE Systems Alert ISB.A32-180 
Revision 1, which was mandated by EASA Emergency AD 2009-0197-E.
    As further information became available BAE Systems saw a need 
to clarify the compliance instructions in the ISB and have now 
issued Revision 2 of Alert Service Bulletin ISB.A32-180. The layout 
of Revision 2 is no longer compatible with the instructions in EASA 
Emergency AD 2009-0197-E.
    For the reasons described above, this Emergency AD retains the 
requirements of EASA Emergency AD 2009-0197-E, which is superseded, 
requires repetitive NDT inspections of each affected NLG unit and, 
if cracks are found, replacement with a serviceable unit and reduces 
the threshold and interval of the repetitive NDT inspections.

The unsafe condition is cracking of the NLG, which could adversely 
affect the airplane's safe landing. Corrective actions include 
replacing the cracked NLG with a serviceable unit. You may obtain 
further information by examining the MCAI in the AD docket.

Relevant Service Information

    Messier-Dowty has issued Service Bulletin 146-32-174, Revision 1, 
including Appendix A, dated September 2, 2009; and Service Bulletin 
146-32-150, dated May 22, 2000. 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 estimate that it would take about 1 work-hour per product to 
comply with the new 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 $85.

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 removing Amendment 39-12651 (67 FR 
6855, February 14, 2002) and adding the following new AD:

BAE Systems (Operations) Limited: Docket No. FAA-2010-0673; 
Directorate Identifier 2009-NM-208-AD.

Comments Due Date

    (a) We must receive comments by August 23, 2010.

[[Page 38955]]

Affected ADs

    (b) The AD supersedes AD 2002-03-10, Amendment 39-12651.

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; 
having a nose landing gear (NLG) having part number (P/N) 200876001, 
P/N 200876002, P/N 200876003, P/N 200876004, or P/N 201138002; and 
as specified in paragraph (c)(1) or (c)(2) of this AD; except those 
airplanes having NLG P/N 201138002 and serial number (S/N) M-DG-0169 
or higher.
    (1) Airplanes on which Messier-Dowty Service Bulletin 146-32-
150, dated May 22, 2000, has not been accomplished, or
    (2) Airplanes on which Messier-Dowty Service Bulletin 146-32-
150, dated May 22, 2000, has been accomplished by Messier Services, 
Sterling, Virginia, United States of America.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    In June 2000, prompted by a crack found at the top of the NLG 
oleo, BAE Systems (Operations) Ltd issued Inspection Service 
Bulletin (SB) 32-158. This SB was classified mandatory by the UK 
[United Kingdom] Civil Aviation Authority under AD number 002-06-
2000, requiring repetitive non-destructive testing (NDT) inspections 
for cracking on the upper end of the NLG oleo. The AD also provided 
an optional terminating action for the repetitive inspections, by 
embodiment of Messier-Dowty SB.146-32-150.
    As part of a recent accident investigation, the examination of a 
fractured NLG main fitting showed that Messier-Dowty [M-D] SB.146-
32-150 had not been accomplished, although the records indicated 
that it had been. BAE Systems has determined that more NLG units 
could be similarly affected. These NLG units have been overhauled at 
Messier Services in Sterling, Virginia, in the United States. This 
condition, if not corrected, could result in NLG failure.
* * * * *
    Subsequently, investigation and analysis by M-D has identified 
the need for a reduction of the inspection threshold and the 
repetitive inspection interval for the affected NLG units and has 
replaced M-D SB 146-32-149 with M-D SB 146-32-174. * * *
* * * * *
The unsafe condition is cracking of the NLG, which could adversely 
affect the airplane's safe landing.

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.

Inspection and Replacement

    (g) Within 30 days after the effective date of this AD, inspect 
to determine whether an affected NLG unit, as identified in 
paragraph 1.A.(1) of BAE Systems (Operations) Limited Alert 
Inspection Service Bulletin ISB.A32-180, Revision 2, dated October 
14, 2009, is installed on the airplane. A review of airplane 
maintenance records is acceptable in lieu of this inspection if the 
part number of the NLG can be conclusively determined from that 
review. If an affected NLG unit is installed, at the time indicated 
in Table 1 of this AD, as applicable, do a special detailed 
inspection for cracking on each affected NLG unit, in accordance 
with the Accomplishment Instructions of Messier-Dowty Service 
Bulletin 146-32-174, Revision 1, dated September 2, 2009. Repeat the 
inspection thereafter at intervals not to exceed 300 flight cycles.

      Table 1--Compliance Time for the Special Detailed Inspection
------------------------------------------------------------------------
                                          Initial inspection compliance
      NLG Serial No. applicability                     time
------------------------------------------------------------------------
Serial numbers included in paragraph     Before further flight.
 1.D., Part 1, of BAE Systems
 (Operations) Limited Alert Inspection
 Service Bulletin ISB.A32-180, Revision
 2, dated October 14, 2009.
Serial numbers included in paragraph     In accordance with Table 2 of
 1.D., Part 2, of BAE Systems             this AD.
 (Operations) Limited Alert Inspection
 Service Bulletin ISB.A32-180, Revision
 2, dated October 14, 2009.
Serial numbers included in paragraph     In accordance with Table 3 of
 1.D., Part 3, of BAE Systems             this AD.
 (Operations) Limited Alert Inspection
 Service Bulletin ISB.A32-180, Revision
 2, dated October 14, 2009.
------------------------------------------------------------------------

 Table 2--Compliance Time for the Special Detailed Inspection, Excluding
          Airplanes Having NLG S/N M-DG-0158 Through M-DG-0168
------------------------------------------------------------------------
As of the effective date of this AD for
                 NLG--                          Compliance time--
------------------------------------------------------------------------
Having less than 4,700 flight cycles on  Within 5,000 flight cycles on
 the NLG.                                 the NLG since new.
Having greater than or equal to 4,700    Within 300 flight cycles or 60
 flight cycles on the NLG and less than   days after the effective date
 7,700 flight cycles on the NLG.          of this AD, whichever occurs
                                          later.
Having greater than or equal to 7,700    Within 8,000 flight cycles on
 flight cycles on the NLG and less than   the NLG since new or within 30
 or equal to 8,000 flight cycles on the   days after the effective date
 NLG.                                     of this AD, whichever occurs
                                          later.
Having greater than 8,000 flight cycles  Within 300 flight cycles or 60
 on the NLG, and having less than 2,200   days after the effective date
 flight cycles since last inspection      of this AD, whichever occurs
 done in accordance with Messier-Dowty    later.
 Service Bulletin 146-32-149.
Having greater than 8,000 flight cycles  Within 2,500 flight cycles
 on the NLG, and having greater than or   since last inspection as done
 equal to 2,200 flight cycles since       in accordance with Messier-
 last inspection done in accordance       Dowty Service Bulletin 146-32-
 with Messier-Dowty Service Bulletin      49, or within 30 days after
 146-32-149.                              the effective date of this AD,
                                          whichever occurs later.
------------------------------------------------------------------------

    Table 3--Compliance Time for the Special Detailed Inspection for
          Airplanes Having NLG S/N M-DG-0158 Through M-DG-0168
------------------------------------------------------------------------
As of the effective date of this AD for
                 NLG--                          Compliance time--
------------------------------------------------------------------------
Having less than 12,200 flight cycles    Within 12,500 flight cycles on
 on the NLG.                              the NLG since new.
Having greater than or equal to 12,200   Within 300 flight cycles or 60
 flight cycles on the NLG and less than   days after the effective date
 20,200 flight cycles on the NLG.         of this AD, whichever occurs
                                          later.

[[Page 38956]]

 
Having greater than or equal to 20,200   Within 20,500 flight cycles on
 flight cycles on the NLG and less than   the NLG since new or within 30
 or equal to 20,500 flight cycles on      days after the effective date
 the NLG.                                 of this AD, whichever occurs
                                          later.
Having greater than 20,500 flight        Within 300 flight cycles or 60
 cycles on the NLG and having less than   days after the effective date
 2,200 flight cycles since last           of this AD, whichever occurs
 inspection done in accordance with       later.
 Messier-Dowty Service Bulletin 146-32-
 149.
Having greater than 20,501 flight        Within 2,500 flight cycles
 cycles on the NLG and greater than or    since last inspection done in
 equal to 2,200 flight cycles since       accordance with Messier-Dowty
 last inspection done in accordance       Service Bulletin 146-32-149,
 with Messier-Dowty Service Bulletin      or within 30 days after the
 146-32-149.                              effective date of this AD,
                                          whichever occurs later.
------------------------------------------------------------------------

     (h) If cracking is found on any NLG unit during any inspection 
required by paragraph (g) of this AD, before further flight, replace 
the cracked NLG with a serviceable unit, in accordance with Messier-
Dowty Service Bulletin 146-32-174, Revision 1, dated September 2, 
2009. Replacing any affected NLG unit is terminating action for the 
repetitive inspections required by paragraph (g) of this AD, if the 
replacement NLG unit has been modified in accordance with Messier-
Dowty Service Bulletin 146-32-150, dated May 22, 2000, or if the 
replacement NLG unit has P/N 201138002 with S/N M-DG-0169 or higher.
    (i) Modifying an affected NLG unit in accordance with Messier-
Dowty Service Bulletin 146-32-150, dated May 22, 2000, is 
terminating action for the repetitive inspections required by 
paragraph (g) of this AD for that NLG unit.
    (j) Inspecting and replacing the NLG unit is acceptable for 
compliance with the requirements of paragraph (g) of this AD, if 
done before the effective date of this AD in accordance with 
Messier-Dowty Service Bulletin 146-32-174, dated August 26, 2009.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: While the European Aviation Safety Agency AD 2010-0001-
E, dated January 4, 2010, states that the compliance time to 
determine affected NLGs is before further flight, this AD requires 
the determination of the affected NLG within 30 days after the 
effective date of this AD.

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. Send information 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. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards 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.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (l) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2010-0001-E, dated January 4, 2010; Messier-Dowty Service 
Bulletin 146-32-174, Revision 1, dated September 2, 2009; BAE 
SYSTEMS (Operations) Limited Alert Inspection Service Bulletin 
ISB.A32-180, Revision 2, dated October 14, 2009; and Messier-Dowty 
Service Bulletin 146-32-150, dated May 22, 2000; for related 
information.

    Issued in Renton, Washington, on June 29, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-16519 Filed 7-6-10; 8:45 am]
BILLING CODE 4910-13-P
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