[Federal Register Volume 76, Number 120 (Wednesday, June 22, 2011)]
[Proposed Rules]
[Pages 36398-36400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15538]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0569; Directorate Identifier 2010-NM-240-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. 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:
BAE Systems have received reports of in-service failure of the
Main Landing Gear (MLG) shock absorber lower attachment pin.
* * * * *
This condition, if not detected and corrected, could lead to a MLG
collapse on the ground or during landing and consequently damage to
the aeroplane or injury to the occupants.
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 8, 2011.
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) LIMITED, Customer
Information Department, Prestwick International Airport, Ayrshire, KA9
2RW, Scotland, United Kingdom; telephone +44 1292 675207; fax +44 1292
675704; e-mail [email protected]; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm.
For Messier-Dowty service information identified in this proposed
AD, 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.
[[Page 36399]]
FAA-2011-0569; Directorate Identifier 2010-NM-240-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 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
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2010-0201, dated October 5, 2010 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
BAE Systems have received reports of in-service failure of the
Main Landing Gear (MLG) shock absorber lower attachment pin.
Investigation has shown that the pin failures were due to
corrosion.
This condition, if not detected and corrected, could lead to a
MLG collapse on the ground or during landing and consequently damage
to the aeroplane or injury to the occupants.
For the reasons described above, this AD requires repetitive
[general visual] inspections [for damage (cracking, corrosion, and
exposed material)] of the MLG shock absorber lower attachment pins
and replacement, depending on findings.
The replacement, if damage is found, consists of installing serviceable
pins. You may obtain further information by examining the MCAI in the
AD docket.
Relevant Service Information
BAE SYSTEMS (OPERATIONS) LIMITED has issued Inspection Service
Bulletin ISB.32-176, dated November 12, 2009. Messier-Dowty has issued
Service Bulletin 146-32-157, including Appendix A, dated February 12,
2009. 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 also estimate that it
would take about 2 work-hours per product to comply with the 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 $170 per product.
In addition, we estimate that any necessary follow-on actions would
take about 2 work-hours and require parts costing $14,000, for a cost
of $14,170 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 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 adding the following new AD:
BAE Systems (Operations) Limited: Docket No. FAA-2011-0569;
Directorate Identifier 2010-NM-240-AD.
Comments Due Date
(a) We must receive comments by August 8, 2011.
Affected ADs
(b) None.
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; all
serial numbers.
Subject
(d) Air Transport Association (ATA) of America Code 32: Landing
gear.
[[Page 36400]]
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
BAE Systems have received reports of in-service failure of the
Main Landing Gear (MLG) shock absorber lower attachment pin.
* * * * *
This condition, if not detected and corrected, could lead to a
MLG collapse on the ground or during landing and consequently damage
to the aeroplane or injury to the occupants.
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.
Inspections
(g) Within 4,000 flight cycles or 2 years after the effective
date of this AD, whichever occurs first: Do the initial inspection
of the MLG shock absorber lower attachment pins in accordance with
paragraph 2.C of BAE SYSTEMS (OPERATIONS) LIMITED Inspection Service
Bulletin ISB.32-176, dated November 12, 2009; and paragraph 3. of
Messier-Dowty Service Bulletin 146-32-157, dated February 12, 2009.
(h) Thereafter, at intervals not to exceed 8,000 flight cycles
or 4 years, whichever occurs first, repeat the inspection required
by paragraph (g) of this AD.
Corrective Action
(i) If, during any inspection required by paragraphs (g) and (h)
of this AD, the chromium plating on the outer diameter of any pin is
found cracked, or the base material is exposed, or any corrosion is
found on the chromium plating on the outer diameter of any pin,
before further flight, replace the pin with a serviceable pin in
accordance with paragraph 2.C of BAE SYSTEMS (OPERATIONS) LIMITED
Inspection Service Bulletin ISB.32-176, dated November 12, 2009; and
paragraph 3. of Messier-Dowty Service Bulletin 146-32-157, dated
February 12, 2009.
(j) Replacing the pin, as required by paragraph (i) of this AD,
does not constitute a terminating action for the repetitive
inspections required by paragraph (h) of this AD.
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service
information as follows: No differences.
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. 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 e-mailed to: [email protected].
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
(l) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2010-0201, dated October 5, 2010; BAE SYSTEMS (OPERATIONS)
LIMITED Inspection Service Bulletin ISB.32-176, dated November 12,
2009; and Messier-Dowty Service Bulletin 146-32-157, dated February
12, 2009; for related information.
Issued in Renton, Washington on June 10, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-15538 Filed 6-21-11; 8:45 am]
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