[Federal Register Volume 87, Number 72 (Thursday, April 14, 2022)]
[Rules and Regulations]
[Pages 22126-22129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07935]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1013; Project Identifier MCAI-2020-01530-T; 
Amendment 39-21980; AD 2022-06-14]
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: The FAA is superseding Airworthiness Directive (AD) 2017-12-
08, which applied 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. AD 2017-12-08 required revising the 
maintenance or inspection program, as applicable, to incorporate new or 
revised structural inspection requirements. This AD requires revising 
the existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations. This AD 
was prompted by a determination that new or more restrictive 
airworthiness limitations are necessary. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective May 19, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 19, 
2022.

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 <a href="/cdn-cgi/l/email-protection#f2a0b38287909e9b9193869b9d9c81b2909397818b8186979f81dc919d9f"><span class="__cf_email__" data-cfemail="3163704144535d58525045585e5f427153505442484245545c421f525e5c">[email protected]</span></a>; internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may view 
this referenced service information at the FAA, Airworthiness Products 
Section, Operational Safety Branch,

[[Page 22127]]

2200 South 216th St., Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195. It is also 
available on the internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2021-1013.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
1013; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3228; 
email <a href="/cdn-cgi/l/email-protection#681c070c0c461c000705181b0706280e0909460f071e"><span class="__cf_email__" data-cfemail="91e5fef5f5bfe5f9fefce1e2feffd1f7f0f0bff6fee7">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    The Civil Aviation Authority (CAA), which is the aviation authority 
for the United Kingdom, has issued CAA AD G-2021-0011, dated October 8, 
2021 (CAA AD G-2021-0011) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all BAe 146 and AVRO 146-RJ airplanes. You may examine the MCAI in 
the AD docket on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-1013.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2017-12-08, Amendment 39-18923 (82 FR 
27414, June 15, 2017) (AD 2017-12-08). AD 2017-12-08 applied 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. The NPRM published in the Federal Register on November 23, 
2021 (86 FR 66471). The NPRM was prompted by a determination that new 
or more restrictive airworthiness limitations are necessary. The NPRM 
proposed to require revising the existing maintenance or inspection 
program, as applicable, to incorporate new or more restrictive 
airworthiness limitations. The FAA is issuing this AD to address 
fatigue cracking of certain structural elements, which could adversely 
affect the structural integrity of the airplane. See the MCAI for 
additional background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA has considered the comment 
received. An individual indicated their support for the NPRM.

Conclusion

    The FAA reviewed the relevant data, considered the comment 
received, and determined that air safety and the public interest 
require adopting this final rule as proposed, except for minor 
editorial changes. The FAA has determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
    <bullet> 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 has issued Chapter 05, Time Limits/Maintenance Checks, 
of the BAe 146 Series/AVRO 146-RJ Series Aircraft Maintenance Manual, 
Revision 132, dated June 15, 2021. This service information describes 
airworthiness limitations, including life limits, maintenance tasks, 
and critical design configuration control limitations (CDCCLs).
    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

    The FAA estimates that this AD affects 30 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2017-12-08 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although the 
agency recognizes that this number may vary from operator to operator. 
Since operators incorporate maintenance or inspection program changes 
for their affected fleet(s), the FAA has determined that a per-operator 
estimate is more accurate than a per-airplane estimate. Therefore, the 
agency estimates the average total cost per operator to be $7,650 (90 
work-hours x $85 per work-hour).
    The FAA estimates the total cost per operator for the new actions 
to be $7,650 (90 work-hours x $85 per work-hour).

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.
    The FAA is 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

    The FAA 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) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

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:


[[Page 22128]]


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


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2017-12-08, Amendment 39-18923 
(82 FR 27414, June 15, 2017); and
0
b. Adding the following new AD:

2022-06-14 BAE Systems (Operations) Limited: Amendment 39-21980; 
Docket No. FAA-2021-1013; Project Identifier MCAI-2020-01530-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 19, 2022.

(b) Affected ADs

    This AD replaces AD 2017-12-08, Amendment 39-18923 (82 FR 27414, 
June 15, 2017) (AD 2017-12-08).

(c) Applicability

    This AD applies to all BAE Systems (Operations) Limited 
airplanes, certificated in any category, identified in paragraphs 
(c)(1) and (2) of this AD.
    (1) Model BAe 146-100A, -200A, and -300A airplanes.
    (2) Model Avro 146-RJ70A, 146-RJ85A, and 146-RJ100A airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address fatigue cracking of certain structural 
elements, which could adversely affect the structural integrity of 
the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Revision to the Maintenance or Inspection Program, With No 
Changes

    This paragraph restates the requirements of paragraph (i) of AD 
2017-12-08, with no changes. Within 90 days after July 20, 2017 (the 
effective date of AD 2017-12-08): Revise the maintenance or 
inspection program, as applicable, to incorporate new and revised 
limitations, tasks, thresholds, and intervals using a method 
approved by the Manager, Large Aircraft Section, International 
Validation Branch, FAA.
    Note 1 to paragraph (g): An additional source of guidance for 
the actions specified in paragraph (g) of this AD can be found in 
BAe 146/AVRO 146-RJ Airplane Maintenance Manual, Revision 112, dated 
October 15, 2013.
    Note 2 to paragraph (g): An additional source of guidance for 
the actions specified in paragraph (g) of this AD can be found in 
Corrosion Prevention Control Program (CPCP) Document No. CPCP-146-
01, Revision 4, dated September 15, 2010.
    Note 3 to paragraph (g): An additional source of guidance for 
the actions specified in paragraph (g) of this AD can be found in 
Supplemental Structural Inspections Document (SSID) Document No. 
SSID-146-01, Revision 2, dated August 15, 2012.
    Note 4 to paragraph (g): An additional source of guidance for 
the actions specified in paragraph (g) of this AD can be found in 
Maintenance Review Board Report Document No. MRB 146-01, Issue 2, 
Revision 19, dated August 2012.
    Note 5 to paragraph (g): An additional source of guidance for 
the actions specified in paragraph (g) of this AD can be found in 
BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53-
237, Revision 1, dated April 2, 2013.

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

    This paragraph restates the requirements of paragraph (j) of AD 
2017-12-08, with no changes. Except as specified in paragraph (i) of 
this AD: After accomplishing the revision required by paragraph (g) 
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 (k)(1) of this 
AD.

(i) New Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the information specified in Chapter 05, Time Limits/
Maintenance Checks, of the BAE Systems BAe 146 Series/AVRO 146-RJ 
Series Aircraft Maintenance Manual, Revision 132, dated June 15, 
2021. The initial compliance time for doing the tasks is at the time 
specified in Chapter 05, Time Limits/Maintenance Checks, of the BAE 
Systems BAe 146 Series/AVRO 146-RJ Series Aircraft Maintenance 
Manual, Revision 132, dated June 15, 2021, or within 90 days after 
the effective date of this AD, whichever occurs later. Accomplishing 
the revision of the existing maintenance or inspections program 
required by this paragraph terminates the actions required by 
paragraph (g) of this AD.

(j) New No Alternative Actions, Intervals, or CDCCLs

    After the existing maintenance or inspection program has been 
revised as required by paragraph (i) of this AD, no alternative 
actions (e.g., inspections), intervals, or CDCCLs may be used unless 
the actions, intervals, and/or CDCCLs are approved as an AMOC in 
accordance with the procedures specified in paragraph (k)(1) of this 
AD.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation Branch, 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 responsible Flight 
Standards Office, as appropriate. If sending information directly to 
the Large Aircraft Section, International Validation Branch, send it 
to the attention of the person identified in paragraph (l)(2) of 
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#5b62761a0d08761a1209766c686b761a1614181b3d3a3a753c342d"><span class="__cf_email__" data-cfemail="b78e9af6e1e49af6fee59a8084879af6faf8f4f7d1d6d699d0d8c1">[email protected]</span></a>.
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.
    (ii) AMOCs approved for AD 2017-12-08 are approved as AMOCs for 
the corresponding provisions of this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, Large Aircraft 
Section, International Validation Branch, FAA; or the Civil Aviation 
Authority (CAA); or BAE Systems (Operations) Limited's CAA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) CAA AD G-2021-0011, dated October 8, 2021, for related 
information. This MCAI may be found in the AD docket on the internet 
at https://www.regulations.gov by searching for and locating Docket 
No. FAA-2021-1013.
    (2) For more information about this AD, contact Todd Thompson, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3228; email <a href="/cdn-cgi/l/email-protection#62160d06064c160a0d0f12110d0c220403034c050d14"><span class="__cf_email__" data-cfemail="e99d868d8dc79d818684999a8687a98f8888c78e869f">[email protected]</span></a>.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(3) and (4) of this AD.

(m) 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) Chapter 05, Time Limits/Maintenance Checks, of the BAE 
Systems BAe 146 Series/AVRO 146-RJ Series Aircraft Maintenance 
Manual, Revision 132, dated June 15, 2021.
    (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 
<a href="/cdn-cgi/l/email-protection#96c4d7e6e3f4fafff5f7e2fff9f8e5d6f4f7f3e5efe5e2f3fbe5b8f5f9fb"><span class="__cf_email__" data-cfemail="2e7c6f5e5b4c42474d4f5a4741405d6e4c4f4b5d575d5a4b435d004d4143">[email protected]</span></a>; internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th

[[Page 22129]]

St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195.
    (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, email <a href="/cdn-cgi/l/email-protection#3056421e595e4340555344595f5e705e5142511e575f46"><span class="__cf_email__" data-cfemail="2b4d59054245585b4e485f4244456b454a594a054c445d">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 10, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-07935 Filed 4-13-22; 8:45 am]
BILLING CODE 4910-13-P


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