Airworthiness Directives; BAE Systems (Operations) Limited Airplanes, 51234-51237 [2014-19262]
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51234
Federal Register / Vol. 79, No. 167 / Thursday, August 28, 2014 / Rules and Regulations
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:
Tom Rodriguez, Aerospace Engineer,
International Branch, ANM–116, Transport
Airplane Directorate, FAA, 1601 Lind
Avenue SW., Renton, WA 98057–3356;
telephone 425–227–1137; fax 425–227–1149.
Information may be emailed to: 9-ANM-116AMOC-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) Contacting the Manufacturer: For any
requirement in this AD to obtain corrective
actions from a manufacturer, the action must
be accomplished using a method approved
by the Manager, International Branch, ANM–
116, Transport Airplane Directorate, FAA; or
the European Aviation Safety Agency
(EASA); or Dassault Aviation’s EASA Design
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.
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(k) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA
Airworthiness Directive 2013–0162, dated
July 24, 2013, for related information. This
MCAI may be found in the AD docket on the
Internet at https://www.regulations.gov/
#!documentDetail;D=FAA-2014-0145-0002.
(2) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (l)(3) and (l)(4) of this AD.
(l) 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) Dassault Aviation Service Bulletin 7X–
182, Revision 4, also referred to as 182–R4,
dated July 18, 2013.
(ii) Reserved.
(3) For service information identified in
this AD, contact Dassault Falcon Jet, P.O. Box
2000, South Hackensack, NJ 07606;
telephone 201–440–6700; Internet https://
www.dassaultfalcon.com.
(4) You may view this service information
at the FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
(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, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
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17:31 Aug 27, 2014
Jkt 232001
Issued in Renton, Washington, on August
4, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2014–19547 Filed 8–27–14; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2013–1026; Directorate
Identifier 2012–NM–173–AD; Amendment
39–17942; AD 2014–16–18]
RIN 2120–AA64
Airworthiness Directives; BAE
Systems (Operations) Limited
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for all BAE
Systems (Operations) Limited Model
BAe 146 series airplanes and Model
Avro 146–RJ series airplanes. This AD
was prompted by reports of cracking of
the main fitting of the nose landing gear
(NLG). This AD requires revising the
maintenance program by incorporating a
new safe-life limitation for the NLG
main fitting. We are issuing this AD to
prevent collapse of the NLG, which
could lead to degradation of direction
control on the ground or an uncommanded turn to the left, and a
consequent loss of control of the
airplane on the ground, possibly
resulting in damage to the airplane and
injury to occupants.
DATES: This AD becomes effective
October 2, 2014.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of October 2, 2014.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov/
#!docketDetail;D=FAA-2013-1026; or in
person at the Docket Management
Facility, U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC.
For service information identified in
this AD, contact BAE Systems
(Operations) Limited, Customer
Information Department, Prestwick
International Airport, Ayrshire, KA9
SUMMARY:
PO 00000
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2RW, Scotland, United Kingdom;
telephone +44 1292 675207; fax +44
1292 675704; email RApublications@
baesystems.com; Internet https://
www.baesystems.com/Businesses/
RegionalAircraft/index.htm. You may
view this referenced service information
at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the
availability of this material at the FAA,
call 425–227–1221.
FOR FURTHER INFORMATION CONTACT:
Todd Thompson, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA
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 by adding an AD that would
apply to all BAE Systems (Operations)
Limited Model BAe 146 series airplanes
and Model Avro 146–RJ series airplanes.
The NPRM published in the Federal
Register on December 11, 2013 (78 FR
75289). The NPRM was prompted by
reports of cracking of the main fitting of
the nose landing gear (NLG). The NPRM
proposed to require revising the
maintenance program by incorporating a
new safe-life limitation for the NLG
main fitting. We are issuing this AD to
prevent collapse of the NLG, which
could lead to degradation of direction
control on the ground or an uncommanded turn to the left, and a
consequent loss of control of the
airplane on the ground, possibly
resulting in damage to the airplane and
injury to occupants.
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Community, has issued EASA
Airworthiness Directive 2012–0191R1,
dated November 6, 2012 (referred to
after this as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for the specified products. The MCAI
states:
Several occurrences of the aeroplane’s
Nose Landing Gear (NLG) Main Fitting
cracking have been reported. Subsequently in
different cases, NLG Main Fitting crack lead
to collapsed NLG, locked NLG steering and
an aeroplane’s un-commanded steering to the
left.
Cracks in the NLG Bell Housing are not
detectable with the NLG fitted to the
aeroplane and are difficult to detect during
overhaul without substantial disassembly of
the gear.
This condition, if not corrected, could lead
to degradation of directional control on the
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Federal Register / Vol. 79, No. 167 / Thursday, August 28, 2014 / Rules and Regulations
ground or an un-commanded turn to the left
and a consequent loss of control of the
aeroplane on the ground, possibly resulting
in damage to the aeroplane and injury to
occupants.
Prompted by these findings, BAE Systems
(Operations) Ltd issued Inspection Service
Bulletin (ISB) 32–186 (hereafter referred to as
the ISB) to introduce a new safe life of 16,000
flight cycles (FC) for certain NLG main
fittings, having a Part Number (P/N) as
identified in Paragraph 1A, tables 1, 2 and 3
of the ISB.
To correct this unsafe condition, EASA
issued AD 2012–0191R1 to require
implementation of the new safe-life
limitation for the affected NLG main fittings
and replacement of fittings that have already
exceeded the new limit.
Since that [EASA] AD was issued, it was
found that clarification is necessary regarding
the existing NLG main fitting life limits.
Consequently, this [EASA] AD is revised by
adding a Note to clarify that the current life
limits, as specified in the applicable Aircraft
Maintenance Manual (AMM), remain valid
and should be applied, pending compliance
with this AD.
You may examine the MCAI in the
AD docket on the Internet at https://
www.regulations.gov/
#!documentDetail;D=FAA-2013-10260002.
Comments
We gave the public the opportunity to
participate in developing this AD. We
received no comments on the NPRM (78
FR 75289, December 11, 2013) or on the
determination of the cost to the public.
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‘‘Contacting the Manufacturer’’
Paragraph in This AD
Since late 2006, we have included a
standard paragraph titled ‘‘Airworthy
Product’’ in all MCAI ADs in which the
FAA develops an AD based on a foreign
authority’s AD.
The MCAI or referenced service
information in an FAA AD often directs
the owner/operator to contact the
manufacturer for corrective actions,
such as a repair. Briefly, the Airworthy
Product paragraph allowed owners/
operators to use corrective actions
provided by the manufacturer if those
actions were FAA-approved. In
addition, the paragraph stated that any
actions approved by the State of Design
Authority (or its delegated agent) are
considered to be FAA-approved.
In the NPRM (78 FR 75289, December
11, 2013), we proposed to prevent the
use of repairs that were not specifically
developed to correct the unsafe
condition, by requiring that the repair
approval provided by the State of
Design Authority or its delegated agent
specifically refer to this FAA AD. This
change was intended to clarify the
method of compliance and to provide
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operators with better visibility of repairs
that are specifically developed and
approved to correct the unsafe
condition. In addition, we proposed to
change the phrase ‘‘its delegated agent’’
to include a design approval holder
(DAH) with State of Design Authority
design organization approval (DOA), as
applicable, to refer to a DAH authorized
to approve required repairs for the
proposed AD.
No comments were provided to the
NPRM (78 FR 75289, December 11,
2013) about these proposed changes.
However, a comment was provided for
an NPRM having Directorate Identifier
2012–NM–101–AD (78 FR 78285,
December 26, 2013). The commenter
stated the following: ‘‘The proposed
wording, being specific to repairs,
eliminates the interpretation that Airbus
messages are acceptable for approving
minor deviations (corrective actions)
needed during accomplishment of an
AD mandated Airbus service bulletin.’’
This comment has made the FAA
aware that some operators have
misunderstood or misinterpreted the
Airworthy Product paragraph to allow
the owner/operator to use messages
provided by the manufacturer as
approval of deviations during the
accomplishment of an AD-mandated
action. The Airworthy Product
paragraph does not approve messages or
other information provided by the
manufacturer for deviations to the
requirements of the AD-mandated
actions. The Airworthy Product
paragraph only addresses the
requirement to contact the manufacturer
for corrective actions for the identified
unsafe condition and does not cover
deviations from other AD requirements.
However, deviations to AD-required
actions are addressed in 14 CFR 39.17,
and anyone may request the approval
for an alternative method of compliance
to the AD-required actions using the
procedures found in 14 CFR 39.19.
To address this misunderstanding and
misinterpretation of the Airworthy
Product paragraph, we have changed the
paragraph and retitled it ‘‘Contacting the
Manufacturer.’’ This paragraph now
clarifies that for any requirement in this
AD to obtain corrective actions from a
manufacturer, the actions must be
accomplished using a method approved
by the FAA, the European Aviation
Safety Agency (EASA), or BAE Systems
(Operations) Limited’s EASA Design
Organization Approval (DOA).
The Contacting the Manufacturer
paragraph also clarifies that, if approved
by the DOA, the approval must include
the DOA-authorized signature. The DOA
signature indicates that the data and
information contained in the document
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51235
are EASA-approved, which is also FAAapproved. Messages and other
information provided by the
manufacturer that do not contain the
DOA-authorized signature approval are
not EASA-approved, unless EASA
directly approves the manufacturer’s
message or other information.
This clarification does not remove
flexibility previously afforded by the
Airworthy Product paragraph.
Consistent with long-standing FAA
policy, such flexibility was never
intended for required actions. This is
also consistent with the
recommendation of the Airworthiness
Directive Implementation Aviation
Rulemaking Committee to increase
flexibility in complying with ADs by
identifying those actions in
manufacturers’ service instructions that
are ‘‘Required for Compliance’’ with
ADs. We continue to work with
manufacturers to implement this
recommendation. But once we
determine that an action is required, any
deviation from the requirement must be
approved as an alternative method of
compliance.
Other commenters to the NPRM
having Directorate Identifier 2012–NM–
101–AD (78 FR 78285, December 26,
2013) pointed out that in many cases the
foreign manufacturer’s service bulletin
and the foreign authority’s MCAI might
have been issued some time before the
FAA AD. Therefore, the DOA might
have provided U.S. operators with an
approved repair, developed with full
awareness of the unsafe condition,
before the FAA AD is issued. Under
these circumstances, to comply with the
FAA AD, the operator would be
required to go back to the
manufacturer’s DOA and obtain a new
approval document, adding time and
expense to the compliance process with
no safety benefit.
Based on these comments, we
removed the requirement that the DAHprovided repair specifically refer to this
AD. Before adopting such a
requirement, the FAA will coordinate
with affected DAHs and verify they are
prepared to implement means to ensure
that their repair approvals consider the
unsafe condition addressed in this AD.
Any such requirements will be adopted
through the normal AD rulemaking
process, including notice-and-comment
procedures, when appropriate.
We also have decided not to include
a generic reference to either the
‘‘delegated agent’’ or ‘‘DAH with State of
Design Authority design organization
approval,’’ but instead we have
provided the specific delegation
approval granted by the State of Design
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Federal Register / Vol. 79, No. 167 / Thursday, August 28, 2014 / Rules and Regulations
Authority for the DAH throughout this
AD.
Conclusion
We reviewed the relevant data and
determined that air safety and the
public interest require adopting this AD
with the changes described previously
and minor editorial changes. We have
determined that these minor changes:
• Are consistent with the intent that
was proposed in the NPRM (78 FR
75289, December 11, 2013) for
correcting the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM (78 FR 75289,
December 11, 2013).
We also determined that these
changes will not increase the economic
burden on any operator or increase the
scope of this AD.
Costs of Compliance
We estimate that this AD affects 4
airplanes of U.S. registry.
We also estimate that it will take
about 1 work-hour per product to
comply with the basic requirements of
this AD. The average labor rate is $85
per work-hour. Required parts will cost
about $0 per product. Based on these
figures, we estimate the cost of this AD
on U.S. operators to be $340, or $85 per
product.
Authority for This Rulemaking
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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
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Jkt 232001
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.
RJ100A airplanes; certificated in any
category; all models, all serial numbers.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov/
#!docketDetail;D=FAA-2013-1026; or in
person at the Docket Management
Facility between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The AD docket contains this
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.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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
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:
■
2014–16–18 BAE Systems (Operations)
Limited: Amendment 39–17942. Docket
No. FAA–2013–1026; Directorate
Identifier 2012–NM–173–AD.
(a) Effective Date
This airworthiness directive (AD) becomes
effective October 2, 2014.
(b) Affected ADs
None.
(c) Applicability
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–
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(d) Subject
Air Transport Association (ATA) of
America Code 32, Landing Gear.
(e) Reason
This AD was prompted by reports of
cracking of the main fitting of the nose
landing gear (NLG). We are issuing this AD
to prevent collapse of the NLG, which could
lead to degradation of direction control on
the ground or an un-commanded turn to the
left and a consequent loss of control of the
airplane on the ground, possibly resulting in
damage to the airplane and injury to
occupants.
(g) Revision of Maintenance or Inspection
Program
Within 30 days after the effective date of
this AD: Revise the maintenance or
inspection program to incorporate a new
safe-life limitation of the NLG main fitting, as
specified by Subject 05–10–15, Aircraft
Equipment Airworthiness Limitations, of
Section 05–10, Time Limits, of Chapter 05,
Time Limits/Maintenance Checks, of the BAE
Systems (Operations) Limited BAe 146
Series/Avro 146–RJ Series Aircraft
Maintenance Manual, Revision 108, dated
September 14, 2012. Comply with all
applicable instructions and airworthiness
limitations included in Subject 05–10–15,
Aircraft Equipment Airworthiness
Limitations, of Section 05–10, Time Limits,
of Chapter 05, Time Limits/Maintenance
Checks, of the BAE Systems (Operations)
Limited BAe 146 Series/Avro 146–RJ Series
Aircraft Maintenance Manual, Revision 108,
dated September 14, 2012. The initial
compliance times for doing the actions is at
the applicable times specified in Subject 05–
10–15, Aircraft Equipment Airworthiness
Limitations, of Section 05–10, Time Limits,
of Chapter 05, Time Limits/Maintenance
Checks, of the BAE Systems (Operations)
Limited BAe 146 Series/Avro 146–RJ Series
Aircraft Maintenance Manual, Revision 108,
dated September 14, 2012, or within 30 days
after the effective date of this AD, whichever
is later.
(h) No Alternative Actions, Intervals, and/or
Critical Design Configuration Control
Limitations (CDCCLs)
After accomplishing the revision required
by paragraph (g) of this AD, no alternative
actions (e.g., inspections), intervals, or
CDCCLs may be used unless the actions,
intervals, or CDCCLs are approved as an
alternative method of compliance (AMOC) in
accordance with the procedures specified in
paragraph (j)(1) of this AD.
(i) Parts Installation Limitation
As of the effective date of this AD, no
person may install an NLG main fitting,
having a part number identified in paragraph
1.A., Tables 1., 2., and 3. of BAE Systems
(Operations) Limited Inspection Service
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Federal Register / Vol. 79, No. 167 / Thursday, August 28, 2014 / Rules and Regulations
Bulletin ISB.32–186, dated April 12, 2012,
unless in compliance with the requirements
of this AD.
(j) Other FAA AD Provisions
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, WA 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) Contacting the Manufacturer: For any
requirement in this AD to obtain corrective
actions from a manufacturer, the action must
be accomplished using a method approved
by the Manager, International Branch, ANM–
116, Transport Airplane Directorate, FAA; or
the European Aviation Safety Agency
(EASA); or BAE Systems (Operations)
Limited’s EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
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(k) Related Information
Refer to Mandatory Continuing
Airworthiness Information (MCAI) European
Aviation Safety Agency (EASA)
Airworthiness Directive 2012–0191R1, dated
November 6, 2012, for related information.
This MCAI may be found in the AD docket
on the Internet at https://
www.regulations.gov/
#!documentDetail;D=FAA-2013-1026-0002.
(l) 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) BAE Systems (Operations) Limited
Inspection Service Bulletin ISB.32–186,
dated April 12, 2012.
(ii) Subject 05–10–15, Aircraft Equipment
Airworthiness Limitations, of Section 05–10,
Time Limits, of Chapter 05, Time Limits/
Maintenance Checks, of the BAE Systems
BAe 146 Series/AVRO 146–RJ Series Aircraft
Maintenance Manual, Revision 108, dated
September 15, 2012. The revision level and
date of this document are identified on only
page 1 of the Letter of Transmittal.
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Jkt 232001
(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 RApublications@
baesystems.com; Internet https://
www.baesystems.com/Businesses/
RegionalAircraft/index.htm.
(4) You may view this service information
at the FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
(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, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on August
4, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2014–19262 Filed 8–27–14; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2014–0588; Directorate
Identifier 2014–NM–150–AD; Amendment
39–17963; AD 2014–17–10]
51237
of a certain publication listed in this AD
as of September 12, 2014.
We must receive comments on this
AD by October 14, 2014.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://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
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this AD, contact Airbus, Airworthiness
Office—EIAS, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France;
telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; email account.airwortheas@airbus.com; Internet https://
www.airbus.com. You may view this
referenced service information at the
FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, WA.
For information on the availability of
this material at the FAA, call 425–227–
1221.
RIN 2120–AA64
Examining the AD Docket
Airworthiness Directives; Airbus
Airplanes
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2014–
0588; 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 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:
Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA
98057–3356; telephone 425–227–1405;
fax 425–227–1149.
SUPPLEMENTARY INFORMATION:
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
AGENCY:
We are adopting a new
airworthiness directive (AD) for all
Airbus Model A318, A319, A320, and
A321 series airplanes. This AD requires
repetitive on-ground power cycles
(resets) of the Transponder, Terrain and
Traffic Collision Avoidance System
(T3CAS). This AD was prompted by
reports of spurious terrain ahead
warning system (TAWS) alerts during
approach and takeoff. We are issuing
this AD to prevent spurious TAWS
alerts, which could increase flightcrew
workload during critical landing or
takeoff phases, and result in reduced
control of the airplane.
DATES: This AD becomes effective
September 12, 2014.
The Director of the Federal Register
approved the incorporation by reference
SUMMARY:
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
Discussion
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
E:\FR\FM\28AUR1.SGM
28AUR1
]]>Agencies
[Federal Register Volume 79, Number 167 (Thursday, August 28, 2014)]
[Rules and Regulations]
[Pages 51234-51237]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19262]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2013-1026; Directorate Identifier 2012-NM-173-AD;
Amendment 39-17942; AD 2014-16-18]
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 all BAE
Systems (Operations) Limited Model BAe 146 series airplanes and Model
Avro 146-RJ series airplanes. This AD was prompted by reports of
cracking of the main fitting of the nose landing gear (NLG). This AD
requires revising the maintenance program by incorporating a new safe-
life limitation for the NLG main fitting. We are issuing this AD to
prevent collapse of the NLG, which could lead to degradation of
direction control on the ground or an un-commanded turn to the left,
and a consequent loss of control of the airplane on the ground,
possibly resulting in damage to the airplane and injury to occupants.
DATES: This AD becomes effective October 2, 2014.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 2,
2014.
ADDRESSES: You may examine the AD docket on the Internet at https://www.regulations.gov/#!docketDetail;D=FAA-2013-1026; or in person at the
Docket Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC.
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
RApublications@baesystems.com; Internet https://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may view this referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, WA. For information on the availability of
this material at the FAA, call 425-227-1221.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 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 by adding an AD that would apply to all BAE Systems
(Operations) Limited Model BAe 146 series airplanes and Model Avro 146-
RJ series airplanes. The NPRM published in the Federal Register on
December 11, 2013 (78 FR 75289). The NPRM was prompted by reports of
cracking of the main fitting of the nose landing gear (NLG). The NPRM
proposed to require revising the maintenance program by incorporating a
new safe-life limitation for the NLG main fitting. We are issuing this
AD to prevent collapse of the NLG, which could lead to degradation of
direction control on the ground or an un-commanded turn to the left,
and a consequent loss of control of the airplane on the ground,
possibly resulting in damage to the airplane and injury to occupants.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2012-0191R1, dated November 6, 2012 (referred
to after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:
Several occurrences of the aeroplane's Nose Landing Gear (NLG)
Main Fitting cracking have been reported. Subsequently in different
cases, NLG Main Fitting crack lead to collapsed NLG, locked NLG
steering and an aeroplane's un-commanded steering to the left.
Cracks in the NLG Bell Housing are not detectable with the NLG
fitted to the aeroplane and are difficult to detect during overhaul
without substantial disassembly of the gear.
This condition, if not corrected, could lead to degradation of
directional control on the
[[Page 51235]]
ground or an un-commanded turn to the left and a consequent loss of
control of the aeroplane on the ground, possibly resulting in damage
to the aeroplane and injury to occupants.
Prompted by these findings, BAE Systems (Operations) Ltd issued
Inspection Service Bulletin (ISB) 32-186 (hereafter referred to as
the ISB) to introduce a new safe life of 16,000 flight cycles (FC)
for certain NLG main fittings, having a Part Number (P/N) as
identified in Paragraph 1A, tables 1, 2 and 3 of the ISB.
To correct this unsafe condition, EASA issued AD 2012-0191R1 to
require implementation of the new safe-life limitation for the
affected NLG main fittings and replacement of fittings that have
already exceeded the new limit.
Since that [EASA] AD was issued, it was found that clarification
is necessary regarding the existing NLG main fitting life limits.
Consequently, this [EASA] AD is revised by adding a Note to clarify
that the current life limits, as specified in the applicable
Aircraft Maintenance Manual (AMM), remain valid and should be
applied, pending compliance with this AD.
You may examine the MCAI in the AD docket on the Internet at https://www.regulations.gov/#!documentDetail;D=FAA-2013-1026-0002.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (78 FR 75289, December 11,
2013) or on the determination of the cost to the public.
``Contacting the Manufacturer'' Paragraph in This AD
Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD.
The MCAI or referenced service information in an FAA AD often
directs the owner/operator to contact the manufacturer for corrective
actions, such as a repair. Briefly, the Airworthy Product paragraph
allowed owners/operators to use corrective actions provided by the
manufacturer if those actions were FAA-approved. In addition, the
paragraph stated that any actions approved by the State of Design
Authority (or its delegated agent) are considered to be FAA-approved.
In the NPRM (78 FR 75289, December 11, 2013), we proposed to
prevent the use of repairs that were not specifically developed to
correct the unsafe condition, by requiring that the repair approval
provided by the State of Design Authority or its delegated agent
specifically refer to this FAA AD. This change was intended to clarify
the method of compliance and to provide operators with better
visibility of repairs that are specifically developed and approved to
correct the unsafe condition. In addition, we proposed to change the
phrase ``its delegated agent'' to include a design approval holder
(DAH) with State of Design Authority design organization approval
(DOA), as applicable, to refer to a DAH authorized to approve required
repairs for the proposed AD.
No comments were provided to the NPRM (78 FR 75289, December 11,
2013) about these proposed changes. However, a comment was provided for
an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR 78285,
December 26, 2013). The commenter stated the following: ``The proposed
wording, being specific to repairs, eliminates the interpretation that
Airbus messages are acceptable for approving minor deviations
(corrective actions) needed during accomplishment of an AD mandated
Airbus service bulletin.''
This comment has made the FAA aware that some operators have
misunderstood or misinterpreted the Airworthy Product paragraph to
allow the owner/operator to use messages provided by the manufacturer
as approval of deviations during the accomplishment of an AD-mandated
action. The Airworthy Product paragraph does not approve messages or
other information provided by the manufacturer for deviations to the
requirements of the AD-mandated actions. The Airworthy Product
paragraph only addresses the requirement to contact the manufacturer
for corrective actions for the identified unsafe condition and does not
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request
the approval for an alternative method of compliance to the AD-required
actions using the procedures found in 14 CFR 39.19.
To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed the paragraph and retitled
it ``Contacting the Manufacturer.'' This paragraph now clarifies that
for any requirement in this AD to obtain corrective actions from a
manufacturer, the actions must be accomplished using a method approved
by the FAA, the European Aviation Safety Agency (EASA), or BAE Systems
(Operations) Limited's EASA Design Organization Approval (DOA).
The Contacting the Manufacturer paragraph also clarifies that, if
approved by the DOA, the approval must include the DOA-authorized
signature. The DOA signature indicates that the data and information
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or
other information.
This clarification does not remove flexibility previously afforded
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the Airworthiness
Directive Implementation Aviation Rulemaking Committee to increase
flexibility in complying with ADs by identifying those actions in
manufacturers' service instructions that are ``Required for
Compliance'' with ADs. We continue to work with manufacturers to
implement this recommendation. But once we determine that an action is
required, any deviation from the requirement must be approved as an
alternative method of compliance.
Other commenters to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) pointed out that in many cases
the foreign manufacturer's service bulletin and the foreign authority's
MCAI might have been issued some time before the FAA AD. Therefore, the
DOA might have provided U.S. operators with an approved repair,
developed with full awareness of the unsafe condition, before the FAA
AD is issued. Under these circumstances, to comply with the FAA AD, the
operator would be required to go back to the manufacturer's DOA and
obtain a new approval document, adding time and expense to the
compliance process with no safety benefit.
Based on these comments, we removed the requirement that the DAH-
provided repair specifically refer to this AD. Before adopting such a
requirement, the FAA will coordinate with affected DAHs and verify they
are prepared to implement means to ensure that their repair approvals
consider the unsafe condition addressed in this AD. Any such
requirements will be adopted through the normal AD rulemaking process,
including notice-and-comment procedures, when appropriate.
We also have decided not to include a generic reference to either
the ``delegated agent'' or ``DAH with State of Design Authority design
organization approval,'' but instead we have provided the specific
delegation approval granted by the State of Design
[[Page 51236]]
Authority for the DAH throughout this AD.
Conclusion
We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD with the changes described
previously and minor editorial changes. We have determined that these
minor changes:
Are consistent with the intent that was proposed in the
NPRM (78 FR 75289, December 11, 2013) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 75289, December 11, 2013).
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.
Costs of Compliance
We estimate that this AD affects 4 airplanes of U.S. registry.
We also estimate that it will take about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $0 per product.
Based on these figures, we estimate the cost of this AD on U.S.
operators to be $340, 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 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.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov/#!docketDetail;D=FAA-2013-1026; or in person at the
Docket Management Facility between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD docket contains this 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.
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 adding the following new AD:
2014-16-18 BAE Systems (Operations) Limited: Amendment 39-17942.
Docket No. FAA-2013-1026; Directorate Identifier 2012-NM-173-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective October 2,
2014.
(b) Affected ADs
None.
(c) Applicability
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;
all models, all serial numbers.
(d) Subject
Air Transport Association (ATA) of America Code 32, Landing
Gear.
(e) Reason
This AD was prompted by reports of cracking of the main fitting
of the nose landing gear (NLG). We are issuing this AD to prevent
collapse of the NLG, which could lead to degradation of direction
control on the ground or an un-commanded turn to the left and a
consequent loss of control of the airplane on the ground, possibly
resulting in damage to the airplane and injury to occupants.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Revision of Maintenance or Inspection Program
Within 30 days after the effective date of this AD: Revise the
maintenance or inspection program to incorporate a new safe-life
limitation of the NLG main fitting, as specified by Subject 05-10-
15, Aircraft Equipment Airworthiness Limitations, of Section 05-10,
Time Limits, of Chapter 05, Time Limits/Maintenance Checks, of the
BAE Systems (Operations) Limited BAe 146 Series/Avro 146-RJ Series
Aircraft Maintenance Manual, Revision 108, dated September 14, 2012.
Comply with all applicable instructions and airworthiness
limitations included in Subject 05-10-15, Aircraft Equipment
Airworthiness Limitations, of Section 05-10, Time Limits, of Chapter
05, Time Limits/Maintenance Checks, of the BAE Systems (Operations)
Limited BAe 146 Series/Avro 146-RJ Series Aircraft Maintenance
Manual, Revision 108, dated September 14, 2012. The initial
compliance times for doing the actions is at the applicable times
specified in Subject 05-10-15, Aircraft Equipment Airworthiness
Limitations, of Section 05-10, Time Limits, of Chapter 05, Time
Limits/Maintenance Checks, of the BAE Systems (Operations) Limited
BAe 146 Series/Avro 146-RJ Series Aircraft Maintenance Manual,
Revision 108, dated September 14, 2012, or within 30 days after the
effective date of this AD, whichever is later.
(h) No Alternative Actions, Intervals, and/or Critical Design
Configuration Control Limitations (CDCCLs)
After accomplishing the revision required by paragraph (g) of
this AD, no alternative actions (e.g., inspections), intervals, or
CDCCLs may be used unless the actions, intervals, or CDCCLs are
approved as an alternative method of compliance (AMOC) in accordance
with the procedures specified in paragraph (j)(1) of this AD.
(i) Parts Installation Limitation
As of the effective date of this AD, no person may install an
NLG main fitting, having a part number identified in paragraph 1.A.,
Tables 1., 2., and 3. of BAE Systems (Operations) Limited Inspection
Service
[[Page 51237]]
Bulletin ISB.32-186, dated April 12, 2012, unless in compliance with
the requirements of this AD.
(j) Other FAA AD Provisions
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,
WA 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) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or BAE Systems (Operations)
Limited's EASA Design Organization Approval (DOA). If approved by
the DOA, the approval must include the DOA-authorized signature.
(k) Related Information
Refer to Mandatory Continuing Airworthiness Information (MCAI)
European Aviation Safety Agency (EASA) Airworthiness Directive 2012-
0191R1, dated November 6, 2012, for related information. This MCAI
may be found in the AD docket on the Internet at https://www.regulations.gov/#!documentDetail;D=FAA-2013-1026-0002.
(l) 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) BAE Systems (Operations) Limited Inspection Service Bulletin
ISB.32-186, dated April 12, 2012.
(ii) Subject 05-10-15, Aircraft Equipment Airworthiness
Limitations, of Section 05-10, Time Limits, of Chapter 05, Time
Limits/Maintenance Checks, of the BAE Systems BAe 146 Series/AVRO
146-RJ Series Aircraft Maintenance Manual, Revision 108, dated
September 15, 2012. The revision level and date of this document are
identified on only page 1 of the Letter of Transmittal.
(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
RApublications@baesystems.com; Internet https://www.baesystems.com/Businesses/RegionalAircraft/index.htm.
(4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
(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, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on August 4, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-19262 Filed 8-27-14; 8:45 am]
BILLING CODE 4910-13-P
