Airworthiness Directives; BAE Systems (OPERATIONS) LIMITED Model BAe 146 and Avro 146-RJ Airplanes, 38953-38956 [2010-16519]

Download as PDF Federal Register / Vol. 75, No. 129 / Wednesday, July 7, 2010 / Proposed Rules Issued in Renton, Washington, on June 29, 2010. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2010–16552 Filed 7–6–10; 8:45 am] BILLING CODE 4910–13–P 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 cprice-sewell on DSK8KYBLC1PROD with PROPOSALS-1 AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). 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 nondestructive 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 MessierDowty 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 VerDate Mar<15>2010 15:17 Jul 06, 2010 Jkt 220001 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 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 W12–40, 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 https://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.messierdowty.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 https:// 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. PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 38953 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 https:// 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 MessierDowty 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: E:\FR\FM\07JYP1.SGM 07JYP1 38954 Federal Register / Vol. 75, No. 129 / Wednesday, July 7, 2010 / Proposed Rules cprice-sewell on DSK8KYBLC1PROD with PROPOSALS-1 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 VerDate Mar<15>2010 15:17 Jul 06, 2010 Jkt 220001 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 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 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. § 39.13 [Amended] 2. The FAA amends § 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. E:\FR\FM\07JYP1.SGM 07JYP1 Federal Register / Vol. 75, No. 129 / Wednesday, July 7, 2010 / Proposed Rules 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. 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. * * * Subject (d) Air Transport Association (ATA) of America Code 32: Landing Gear. Reason (e) The mandatory continuing airworthiness information (MCAI) states: * * * * * 38955 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 MessierDowty 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 NLG Serial No. applicability Initial inspection compliance time Serial numbers included in paragraph 1.D., Part 1, of (Operations) Limited Alert Inspection Service Bulletin Revision 2, dated October 14, 2009. Serial numbers included in paragraph 1.D., Part 2, of (Operations) Limited Alert Inspection Service Bulletin Revision 2, dated October 14, 2009. Serial numbers included in paragraph 1.D., Part 3, of (Operations) Limited Alert Inspection Service Bulletin Revision 2, dated October 14, 2009. BAE Systems ISB.A32–180, Before further flight. BAE Systems ISB.A32–180, In accordance with Table 2 of this AD. BAE Systems ISB.A32–180, In accordance with Table 3 of this AD. TABLE 2—COMPLIANCE TIME FOR THE SPECIAL DETAILED INSPECTION, EXCLUDING AIRPLANES HAVING NLG S/N M–DG– 0158 THROUGH M–DG–0168 cprice-sewell on DSK8KYBLC1PROD with PROPOSALS-1 As of the effective date of this AD for NLG— Compliance time— Having less than 4,700 flight cycles on the NLG ..................................... Having greater than or equal to 4,700 flight cycles on the NLG and less than 7,700 flight cycles on the NLG. Having greater than or equal to 7,700 flight cycles on the NLG and less than or equal to 8,000 flight cycles on the NLG. Having greater than 8,000 flight cycles on the NLG, and having less than 2,200 flight cycles since last inspection done in accordance with Messier-Dowty Service Bulletin 146–32–149. Having greater than 8,000 flight cycles on the NLG, and having greater than or equal to 2,200 flight cycles since last inspection done in accordance with Messier-Dowty Service Bulletin 146–32–149. Within 5,000 flight cycles on the NLG since new. Within 300 flight cycles or 60 days after the effective date of this AD, whichever occurs later. Within 8,000 flight cycles on the NLG since new or within 30 days after the effective date of this AD, whichever occurs later. Within 300 flight cycles or 60 days after the effective date of this AD, whichever occurs later. Within 2,500 flight cycles since last inspection as done in accordance with Messier-Dowty Service Bulletin 146–32–49, or within 30 days after 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 on the NLG ................................... Having greater than or equal to 12,200 flight cycles on the NLG and less than 20,200 flight cycles on the NLG. Within 12,500 flight cycles on the NLG since new. Within 300 flight cycles or 60 days after the effective date of this AD, whichever occurs later. VerDate Mar<15>2010 15:17 Jul 06, 2010 Jkt 220001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\07JYP1.SGM 07JYP1 38956 Federal Register / Vol. 75, No. 129 / Wednesday, July 7, 2010 / Proposed Rules TABLE 3—COMPLIANCE TIME FOR THE SPECIAL DETAILED INSPECTION FOR AIRPLANES HAVING NLG S/N M–DG–0158 THROUGH M–DG–0168—Continued As of the effective date of this AD for NLG— Compliance time— Having greater than or equal to 20,200 flight cycles on the NLG and less than or equal to 20,500 flight cycles on the NLG. Having greater than 20,500 flight cycles on the NLG and having less than 2,200 flight cycles since last inspection done in accordance with Messier-Dowty Service Bulletin 146–32–149. Having greater than 20,501 flight cycles on the NLG and greater than or equal to 2,200 flight cycles since last inspection done in accordance with Messier-Dowty Service Bulletin 146–32–149. Within 20,500 flight cycles on the NLG since new or within 30 days after the effective date of this AD, whichever occurs later. Within 300 flight cycles or 60 days after the 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 cprice-sewell on DSK8KYBLC1PROD with PROPOSALS-1 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. VerDate Mar<15>2010 15:17 Jul 06, 2010 Jkt 220001 Within 2,500 flight cycles since last inspection done in accordance with Messier-Dowty Service Bulletin 146–32–149, or within 30 days after the effective date of this AD, whichever occurs later. 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 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2010–0670; Directorate Identifier 2009–SW–42–AD] RIN 2120–AA64 Airworthiness Directives; Eurocopter France (ECF) Model SA330F, G, and J; and AS332C, L, L1, and L2 Helicopters AGENCY: Federal Aviation Administration (FAA), DOT. PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: We propose to adopt a new airworthiness directive (AD) for the specified ECF model helicopters. This proposed AD results from a mandatory continuing airworthiness information (MCAI) AD issued by the European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community. The MCAI AD states that EASA received a report of a rear hinged door on a Model AS332L1 helicopter opening in flight without loss of the door. Examinations revealed incorrect positioning of a door catch that resulted in incorrect locking and uncontrolled opening of the door. This condition, if not detected and corrected, can lead to the loss of the hinged door in flight, damage to the main or tail rotor blades, and subsequent loss of control of the helicopter. DATES: We must receive comments on this proposed AD by August 6, 2010. ADDRESSES: You may send comments 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 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may get the service information identified in this proposed AD from American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, TX 75053– 4005, telephone (800) 232–0323, fax (972) 641–3710, or at https:// www.eurocopter.com. Examining the Docket: You may examine the AD docket on the Internet E:\FR\FM\07JYP1.SGM 07JYP1

Agencies

[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]

-----------------------------------------------------------------------

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).

-----------------------------------------------------------------------

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 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 W12-40, 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 https://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 https://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 https://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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