Airworthiness Directives; BAE Systems (Operations) Limited Airplanes, 89878-89881 [2016-28060]

Download as PDF 89878 Proposed Rules Federal Register Vol. 81, No. 239 Tuesday, December 13, 2016 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 1150, 1160, 1205, 1206, 1207, 1208, 1209, 1210, 1212, 1214, 1215, 1216, 1217, 1218, 1219, 1222, 1230, 1250, and 1260 [Document Number AMS–DA–16–0101] Provisions for Removing Commodity Research and Promotion Board Members and Staff Agricultural Marketing Service, USDA. ACTION: Extension of comment period. AGENCY: Notice is hereby given that the comment period on proposed amendments to the provisions for removal of board and council members or staff of the research and promotion orders—or the regulations under the orders—overseen by the Agricultural Marketing Service (AMS) is extended to December 23, 2016. The proposed rule would provide uniform authority for the U.S. Department of Agriculture (USDA) to initiate action to remove board members and staff who fail to perform their duties or who engage in dishonest actions or willful misconduct. Such action is necessary to ensure the boards can continue to fulfill their intended purposes with minimal disruption. DATES: Comments must be received by December 23, 2016. ADDRESSES: Interested persons are invited to submit written comments concerning this proposed rule. Comments should be submitted on the internet at: https://www.regulations.gov. Written comments may also be sent to Laurel L. May, Senior Marketing Specialist, Order Formulation and Enforcement Division, USDA/AMS/ Dairy Program, 1400 Independence Avenue SW., Room 2967–S—Stop 0231, Washington, DC 20250–0231; facsimile: 202–690–0552. All comments should reference the document number and the date and page number of this issue and the November 23, 2016, issue of the pmangrum on DSK3GDR082PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 15:06 Dec 12, 2016 Jkt 241001 Federal Register, and will be made available for public inspection in the above office during regular business hours, or may be viewed at: https:// www.regluations.gov. Please be advised that the identity of the individuals or entities submitting the comments will be made public on the internet at the address provided above. FOR FURTHER INFORMATION CONTACT: Laurel L. May, Senior Marketing Specialist, USDA/AMS/Dairy Program, telephone 202–690–1366, or email Laurel.May@ams.usda.gov; or Whitney Rick, Director; Promotion, Research, and Planning Division; USDA/AMS/Dairy Program; telephone 202–720–6961; or email Whitney.Rick@ams.usda.gov. SUPPLEMENTARY INFORMATION: A proposed rule was published in the Federal Register on November 23, 2016 (81 FR 84510). The proposed rule would amend the orders and/or rules and regulations for 19 of the 22 national commodity research and promotion programs overseen by AMS by providing uniform authority for USDA to initiate action as necessary to remove board and council members or their staff employees to preserve program integrity and mitigate damage from illegal or inappropriate behavior. Currently, most of AMS’s 22 research and promotion programs specify provisions for removing board and council members or their staff employees when they are unwilling or unable to perform their duties properly or when they engage in prohibited or illegal activities or other willful misconduct. However, removal authority is inconsistent across all of the programs, which impairs AMS’s ability to provide uniform oversight of the programs and their assets. The 15-day comment period provided in the proposed rule closes December 8, 2016. USDA received letters from several of the affected programs requesting that the comment period be extended. The letters expressed concern that the original comment period was insufficient to allow commenters to adequately evaluate the impacts of the proposal and develop appropriate comments. Authority: This document is issued under 19 of the commodity research and promotion orders established under the following acts: Beef Promotion and Research Act of 1985 (7 U.S.C. 2901–2911); Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7411–7425); Cotton Research and PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 Promotion Act of 1966 (7 U.S.C. 2101–2118); Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501–4514); Egg Research and Consumer Information Act of 1974 (7 U.S.C. 2701–2718); Fluid Milk Promotion Act of 1990 (7 U.S.C. 6401–6417); Hass Avocado Promotion, Research, and Information Act of 2000 (U.S.C. 7801–7813); Mushroom Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C. 6101– 6112); Popcorn Promotion, Research, and Consumer Information Act of 1996 (7 U.S.C. 7481–7491); Pork Promotion, Research, and Consumer Information Act of 1985 (7 U.S.C. 4801–4819); Potato Research and Promotion Act of 1971 (7 U.S.C. 2611–2627); and Watermelon Research and Promotion Act (7 U.S.C. 4901–4916). These acts are collectively referred to as ‘‘commodity research and promotion laws’’ or ‘‘acts.’’ Dated: December 7, 2016. Bruce Summers, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2016–29852 Filed 12–12–16; 8:45 am] BILLING CODE 3410–02–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2016–4220; Directorate Identifier 2015–NM–076–AD] RIN 2120–AA64 Airworthiness Directives; BAE Systems (Operations) Limited Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening of comment period. AGENCY: We are revising an earlier proposal to supersede Airworthiness Directive (AD) 2011–24–06. AD 2011– 24–06 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. This action revises the NPRM by adding airplanes to the applicability. We are proposing this AD to address the unsafe condition on these products. Since these actions impose an additional burden over those proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes. SUMMARY: E:\FR\FM\13DEP1.SGM 13DEP1 Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Proposed Rules We must receive comments on this SNPRM by January 27, 2017. 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 SNPRM, 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. pmangrum on DSK3GDR082PROD with PROPOSALS DATES: Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2016– 4220; 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 proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket 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, WA 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 VerDate Sep<11>2014 15:06 Dec 12, 2016 Jkt 241001 this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2016–4220; Directorate Identifier 2015–NM–076–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We will post all comments we receive, without change, to 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 November 8, 2011, we issued AD 2011–24–06, Amendment 39–16870 (76 FR 73477, November 29, 2011) (‘‘AD 2011–24–06’’). AD 2011–24–06 requires actions intended to address an unsafe condition on all BAE Systems (Operations) Limited Model BAe 146 series airplanes; and Model Avro 146– RJ series airplanes. We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD to supersede AD 2011–24–06 that would apply to all BAE Systems (Operations) Limited Model Avro 146–RJ series airplanes. The NPRM published in the Federal Register on March 8, 2016 (81 FR 12044) (‘‘the NPRM’’). The NPRM was prompted by a determination that new or revised structural inspection requirements are necessary. The NPRM proposed to require revising the maintenance or inspection program, as applicable, to incorporate new or revised structural inspection requirements. Actions Since Previous NPRM Was Issued Since we issued the NPRM, we have determined that the applicability should include BAE Systems (Operations) Limited Model BAe 146 series airplanes. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2014–0071, dated March 19, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for all BAE Systems (Operations) Limited Model BAe 146 series and Avro 146–RJ series airplanes. The MCAI states: The BAe 146/AVRO 146–RJ Aircraft Maintenance Manual (AMM) includes the Chapters as listed in Appendix 1 of this PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 89879 [EASA] AD. Compliance with these chapters has been identified as a mandatory action for continued airworthiness and EASA AD 2012–0004 was issued to require operators to comply with those instructions. Since that [EASA] AD was issued, BAE Systems (Operations) Ltd revised the AMM (Revision 107), introducing a new defined life limit for the Fire Bottle Cartridge Firing Unit into Chapter 05–10–15. Subsequently, Revision 108 of the AMM introduced in Chapter 05–20–00 inspection tasks for repairs applied to fatigue critical structures and also introduced a new Chapter 05–20–07 to provide Structural Repair Manual (SRM) references for these tasks, applicable to repairs accomplished after the publication of AMM Revision 108. Finally, AMM Revision 111 introduced safe life limitations into Chapter 05–10–15 for rollers of main landing gear and door up-locks. Furthermore, Section 6 of the Maintenance Review Board Report (MRBR) Document MRB 146–01, Issue 2, Revision 18 was published (as referenced in Chapter 05–20– 01 of the AMM) to correct discrepancies in inspection tasks for a number of Structurally Important Items (SIIs). Grace periods for these revised inspection tasks are included in BAE Systems (Operations) Ltd Inspection Service Bulletin (ISB) ISB.53–237. Failure to comply with the new and more restrictive tasks and limitations referenced above could result in an unsafe condition. For the reasons described above, this [EASA] AD retains the requirements of EASA AD 2012–0004, which is superseded, and requires implementation of the maintenance tasks and/or airworthiness limitations as specified in the defined parts of Chapter 05 of the AMM at Revision 112. The unsafe condition is fatigue cracking of certain structural elements, which could adversely affect the structural integrity of the airplane. You may examine the MCAI in the AD docket on the Internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2016– 4220. Comments We gave the public the opportunity to participate in developing this proposed AD. We considered the comment received. Request To Revise the Applicability Neptune Aviation Services requested that we revise the applicability to include BAE Systems (Operations) Limited Model BAe 146–100A, –200A, and –300A airplanes. The commenter stated that these airplanes are in the applicability of AD 2011–24–06. We agree that BAE Systems (Operations) Limited BAe 146–100A, –200A, and –300A airplanes should be in the applicability in order to address the identified unsafe condition for those airplanes. We have revised paragraph (c) of this proposed AD accordingly. E:\FR\FM\13DEP1.SGM 13DEP1 89880 Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Proposed Rules FAA’s Determination and Requirements of This SNPRM 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 these same type designs. Certain changes described above expand the scope of the NPRM. As a result, we have determined that it is necessary to reopen the comment period to provide additional opportunity for the public to comment on this SNPRM. This proposed AD requires revisions to certain operator maintenance documents to include new actions (e.g., inspections) and critical design configuration control limitations (CDCCLs). Compliance with these actions and CDCCLs is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by this proposed AD, the operator may not be able to accomplish the actions described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance according to paragraph (k)(1) of this proposed AD. The request should include a description of changes to the required actions that will ensure the continued damage tolerance of the affected structure. pmangrum on DSK3GDR082PROD with PROPOSALS Costs of Compliance We estimate that this SNPRM affects 2 airplanes of U.S. registry. The actions required by AD 2011–24– 06 and retained in this proposed AD take about 3 work-hours per product, at an average labor rate of $85 per workhour. Based on these figures, the estimated cost of the actions that are required by AD 2011–24–06 is $255 per product. We also estimate that it would take about 1 work-hour per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this proposed AD on U.S. operators to be $170, or $85 per product. 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); 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. 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. Authority for This Rulemaking § 39.13 Title 49 of the United States Code specifies the FAA’s authority to issue ■ VerDate Sep<11>2014 15:06 Dec 12, 2016 Jkt 241001 [Amended] 2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 2011–24–06, Amendment 39–16870 (76 FR 73477, November 29, 2011), and adding the following new AD: BAE Systems (Operations) Limited: Docket No. FAA–2016–4220; Directorate Identifier 2015–NM–076–AD. (a) Comments Due Date We must receive comments by January 27, 2017. (b) Affected ADs This AD replaces AD 2011–24–06, Amendment 39–16870 (76 FR 73477, November 29, 2011) (‘‘AD 2011–24–06’’). (c) Applicability This AD applies to 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 serial numbers. (d) Subject Air Transport Association (ATA) of America Code 05, Periodic Inspections. (e) Reason This AD was prompted by a determination that new or revised structural inspection requirements are necessary. We are issuing this AD to detect and correct fatigue cracking of certain structural elements, which could adversely affect the structural integrity of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Retained Airworthiness Limitations Revisions of the Shock Absorber Assemblies, With No Changes This paragraph restates the requirements of paragraph (j) of AD 2011–24–06, with no changes. Within 90 days after January 3, 2012 (the effective date of AD 2011–24–06), revise the maintenance program, by incorporating Subject 05–10–15, ‘‘Aircraft Equipment Airworthiness Limitations’’ of Chapter 05, ‘‘Time Limits/Maintenance Checks,’’ of the BAE Systems (Operations) Limited BAe 146 Series/Avro 146–RJ Series Aircraft Maintenance Manual (AMM), Revision 104, dated April 15, 2011, to remove life limits on shock absorber assemblies, but not the individual shock absorber components, amend life limits on main landing gear (MLG) up-locks and door up-locks, and to introduce and amend life limits on MLG components. Accomplishing the actions required by paragraph (i) of this AD terminates the actions required by this paragraph. (h) Retained No Alternative Actions, Intervals, and/or Critical Design Configuration Control Limitations (CDCCLs), With No Changes This paragraph restates the requirements of paragraph (k) of AD 2011–24–06, with no changes. Except as specified in paragraph (i) of this AD: After accomplishing the revision required by paragraph (g) of this AD, no E:\FR\FM\13DEP1.SGM 13DEP1 Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Proposed Rules alternative actions (e.g., inspections), intervals, and/or CDCCLs may be used, unless the actions, intervals, and/or CDCCLs are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (k)(1) of this AD. (i) New Revise Maintenance Program or Inspection Program Within 90 days after the effective date of this AD: Revise the maintenance or inspection program, as applicable, to incorporate new and revised limitations, tasks, thresholds, and intervals using a method approved by the Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA. Accomplishing the actions required by this paragraph terminates the actions required by paragraph (g) of this AD. Note 1 to paragraph (i) of this AD: An additional source of guidance for the actions specified in paragraph (i) of this AD can be found in BAe 146/AVRO 146–RJ Airplane Maintenance Manual, Revision 112, dated October 15, 2013. Note 2 to paragraph (i) of this AD: An additional source of guidance for the actions specified in paragraph (i) of this AD can be found in Corrosion Prevention Control Program (CPCP) Document No. CPCP–146– 01, Revision 4, dated September 15, 2010. Note 3 to paragraph (i) of this AD: An additional source of guidance for the actions specified in paragraph (i) of this AD can be found in Supplemental Structural Inspections Document (SSID) Document No. SSID–146–01, Revision 2, dated August 15, 2012. Note 4 to paragraph (i) of this AD: An additional source of guidance for the actions specified in paragraph (i) of this AD can be found in Maintenance Review Board Report Document No. MRB 146–01, Issue 2, Revision 19, dated August 2012. Note 5 to paragraph (i) of this AD: An additional source of guidance for the actions specified in paragraph (i) of this AD can be found in BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53–237, Revision 1, dated April 2, 2013. pmangrum on DSK3GDR082PROD with PROPOSALS (j) New No Alternative Actions, Intervals, and/or CDCCLs After accomplishment of the revision required by paragraph (i) of this AD, no alternative actions (e.g., inspections), intervals, and/or CDCCLs may be used, unless the actions, intervals, and/or CDCCLs are approved as an AMOC in accordance with the procedures specified in paragraph (k)(1) of this AD. (k) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, 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 VerDate Sep<11>2014 15:06 Dec 12, 2016 Jkt 241001 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-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. (2) Contacting the Manufacturer: As of the effective date of this AD, 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. (l) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2014–0071, dated March 19, 2014, for related information. This MCAI may be found in the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA– 2016–4220. (2) 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 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. Issued in Renton, Washington, on November 10, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016–28060 Filed 12–12–16; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 89881 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2015–7529; Directorate Identifier 2014–NM–207–AD] RIN 2120–AA64 Airworthiness Directives; Bombardier, Inc. Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening of comment period. AGENCY: We are revising an earlier proposal to supersede Airworthiness Directive (AD) 2014–16–02 for certain Bombardier, Inc. Model CL–600–1A11 (CL–600) airplanes. This action revises the notice of proposed rulemaking (NPRM) by reducing the compliance time to modify the thrust reversers, and adding new modification procedures. We are proposing this AD to address the unsafe condition on these products. Since these actions impose an additional burden over those proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes. DATES: We must receive comments on this SNPRM by January 27, 2017. 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 SNPRM, contact Bombardier, Inc., ˆ 400 Cote-Vertu Road West, Dorval, ´ Quebec H4S 1Y9, Canada; Widebody Customer Response Center North America; toll-free telephone number 1–866–538–1247 or direct-dial telephone number 1–514–855–2999; fax 514–855–7401; email ac.yul@ aero.bombardier.com; Internet https:// www.bombardier.com. You may view SUMMARY: E:\FR\FM\13DEP1.SGM 13DEP1

Agencies

[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Proposed Rules]
[Pages 89878-89881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28060]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-4220; Directorate Identifier 2015-NM-076-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening 
of comment period.

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

SUMMARY: We are revising an earlier proposal to supersede Airworthiness 
Directive (AD) 2011-24-06. AD 2011-24-06 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. This 
action revises the NPRM by adding airplanes to the applicability. We 
are proposing this AD to address the unsafe condition on these 
products. Since these actions impose an additional burden over those 
proposed in the NPRM, we are reopening the comment period to allow the 
public the chance to comment on these proposed changes.

[[Page 89879]]


DATES: We must receive comments on this SNPRM by January 27, 2017.

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 SNPRM, 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2016-
4220; 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 proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
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, WA 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-2016-4220; 
Directorate Identifier 2015-NM-076-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to 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 November 8, 2011, we issued AD 2011-24-06, Amendment 39-16870 
(76 FR 73477, November 29, 2011) (``AD 2011-24-06''). AD 2011-24-06 
requires actions intended to address an unsafe condition on all BAE 
Systems (Operations) Limited Model BAe 146 series airplanes; and Model 
Avro 146-RJ series airplanes.
    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD to supersede AD 2011-24-06 that would apply to 
all BAE Systems (Operations) Limited Model Avro 146-RJ series 
airplanes. The NPRM published in the Federal Register on March 8, 2016 
(81 FR 12044) (``the NPRM''). The NPRM was prompted by a determination 
that new or revised structural inspection requirements are necessary. 
The NPRM proposed to require revising the maintenance or inspection 
program, as applicable, to incorporate new or revised structural 
inspection requirements.

Actions Since Previous NPRM Was Issued

    Since we issued the NPRM, we have determined that the applicability 
should include BAE Systems (Operations) Limited Model BAe 146 series 
airplanes.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2014-0071, dated March 19, 2014 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all BAE Systems 
(Operations) Limited Model BAe 146 series and Avro 146-RJ series 
airplanes. The MCAI states:

    The BAe 146/AVRO 146-RJ Aircraft Maintenance Manual (AMM) 
includes the Chapters as listed in Appendix 1 of this [EASA] AD. 
Compliance with these chapters has been identified as a mandatory 
action for continued airworthiness and EASA AD 2012-0004 was issued 
to require operators to comply with those instructions.
    Since that [EASA] AD was issued, BAE Systems (Operations) Ltd 
revised the AMM (Revision 107), introducing a new defined life limit 
for the Fire Bottle Cartridge Firing Unit into Chapter 05-10-15. 
Subsequently, Revision 108 of the AMM introduced in Chapter 05-20-00 
inspection tasks for repairs applied to fatigue critical structures 
and also introduced a new Chapter 05-20-07 to provide Structural 
Repair Manual (SRM) references for these tasks, applicable to 
repairs accomplished after the publication of AMM Revision 108. 
Finally, AMM Revision 111 introduced safe life limitations into 
Chapter 05-10-15 for rollers of main landing gear and door up-locks.
    Furthermore, Section 6 of the Maintenance Review Board Report 
(MRBR) Document MRB 146-01, Issue 2, Revision 18 was published (as 
referenced in Chapter 05-20-01 of the AMM) to correct discrepancies 
in inspection tasks for a number of Structurally Important Items 
(SIIs). Grace periods for these revised inspection tasks are 
included in BAE Systems (Operations) Ltd Inspection Service Bulletin 
(ISB) ISB.53-237.
    Failure to comply with the new and more restrictive tasks and 
limitations referenced above could result in an unsafe condition.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2012-0004, which is superseded, and requires 
implementation of the maintenance tasks and/or airworthiness 
limitations as specified in the defined parts of Chapter 05 of the 
AMM at Revision 112.

    The unsafe condition is fatigue cracking of certain structural 
elements, which could adversely affect the structural integrity of the 
airplane. You may examine the MCAI in the AD docket on the Internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2016-4220.

Comments

    We gave the public the opportunity to participate in developing 
this proposed AD. We considered the comment received.

Request To Revise the Applicability

    Neptune Aviation Services requested that we revise the 
applicability to include BAE Systems (Operations) Limited Model BAe 
146-100A, -200A, and -300A airplanes. The commenter stated that these 
airplanes are in the applicability of AD 2011-24-06.
    We agree that BAE Systems (Operations) Limited BAe 146-100A, -200A, 
and -300A airplanes should be in the applicability in order to address 
the identified unsafe condition for those airplanes. We have revised 
paragraph (c) of this proposed AD accordingly.

[[Page 89880]]

FAA's Determination and Requirements of This SNPRM

    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 these 
same type designs.
    Certain changes described above expand the scope of the NPRM. As a 
result, we have determined that it is necessary to reopen the comment 
period to provide additional opportunity for the public to comment on 
this SNPRM.
    This proposed AD requires revisions to certain operator maintenance 
documents to include new actions (e.g., inspections) and critical 
design configuration control limitations (CDCCLs). Compliance with 
these actions and CDCCLs is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the areas 
addressed by this proposed AD, the operator may not be able to 
accomplish the actions described in the revisions. In this situation, 
to comply with 14 CFR 91.403(c), the operator must request approval for 
an alternative method of compliance according to paragraph (k)(1) of 
this proposed AD. The request should include a description of changes 
to the required actions that will ensure the continued damage tolerance 
of the affected structure.

Costs of Compliance

    We estimate that this SNPRM affects 2 airplanes of U.S. registry.
    The actions required by AD 2011-24-06 and retained in this proposed 
AD take about 3 work-hours per product, at an average labor rate of $85 
per work-hour. Based on these figures, the estimated cost of the 
actions that are required by AD 2011-24-06 is $255 per product.
    We also estimate that it would take about 1 work-hour per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of this proposed AD on U.S. operators to be $170, 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 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);
    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.

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

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 removing Airworthiness Directive (AD) 
2011-24-06, Amendment 39-16870 (76 FR 73477, November 29, 2011), and 
adding the following new AD:

BAE Systems (Operations) Limited: Docket No. FAA-2016-4220; 
Directorate Identifier 2015-NM-076-AD.

(a) Comments Due Date

    We must receive comments by January 27, 2017.

(b) Affected ADs

    This AD replaces AD 2011-24-06, Amendment 39-16870 (76 FR 73477, 
November 29, 2011) (``AD 2011-24-06'').

(c) Applicability

    This AD applies to 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 
serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Periodic 
Inspections.

(e) Reason

    This AD was prompted by a determination that new or revised 
structural inspection requirements are necessary. We are issuing 
this AD to detect and correct fatigue cracking of certain structural 
elements, which could adversely affect the structural integrity of 
the airplane.

(f) Compliance

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

(g) Retained Airworthiness Limitations Revisions of the Shock Absorber 
Assemblies, With No Changes

    This paragraph restates the requirements of paragraph (j) of AD 
2011-24-06, with no changes. Within 90 days after January 3, 2012 
(the effective date of AD 2011-24-06), revise the maintenance 
program, by incorporating Subject 05-10-15, ``Aircraft Equipment 
Airworthiness Limitations'' of Chapter 05, ``Time Limits/Maintenance 
Checks,'' of the BAE Systems (Operations) Limited BAe 146 Series/
Avro 146-RJ Series Aircraft Maintenance Manual (AMM), Revision 104, 
dated April 15, 2011, to remove life limits on shock absorber 
assemblies, but not the individual shock absorber components, amend 
life limits on main landing gear (MLG) up-locks and door up-locks, 
and to introduce and amend life limits on MLG components. 
Accomplishing the actions required by paragraph (i) of this AD 
terminates the actions required by this paragraph.

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

    This paragraph restates the requirements of paragraph (k) of AD 
2011-24-06, with no changes. Except as specified in paragraph (i) of 
this AD: After accomplishing the revision required by paragraph (g) 
of this AD, no

[[Page 89881]]

alternative actions (e.g., inspections), intervals, and/or CDCCLs 
may be used, unless the actions, intervals, and/or CDCCLs are 
approved as an alternative method of compliance (AMOC) in accordance 
with the procedures specified in paragraph (k)(1) of this AD.

(i) New Revise Maintenance Program or Inspection Program

    Within 90 days after the effective date of this AD: Revise the 
maintenance or inspection program, as applicable, to incorporate new 
and revised limitations, tasks, thresholds, and intervals using a 
method approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA. Accomplishing the actions 
required by this paragraph terminates the actions required by 
paragraph (g) of this AD.

    Note 1 to paragraph (i) of this AD: An additional source of 
guidance for the actions specified in paragraph (i) of this AD can 
be found in BAe 146/AVRO 146-RJ Airplane Maintenance Manual, 
Revision 112, dated October 15, 2013.


    Note 2 to paragraph (i) of this AD:  An additional source of 
guidance for the actions specified in paragraph (i) of this AD can 
be found in Corrosion Prevention Control Program (CPCP) Document No. 
CPCP-146-01, Revision 4, dated September 15, 2010.


    Note 3 to paragraph (i) of this AD:  An additional source of 
guidance for the actions specified in paragraph (i) of this AD can 
be found in Supplemental Structural Inspections Document (SSID) 
Document No. SSID-146-01, Revision 2, dated August 15, 2012.


    Note 4 to paragraph (i) of this AD:  An additional source of 
guidance for the actions specified in paragraph (i) of this AD can 
be found in Maintenance Review Board Report Document No. MRB 146-01, 
Issue 2, Revision 19, dated August 2012.


    Note 5 to paragraph (i) of this AD: An additional source of 
guidance for the actions specified in paragraph (i) of this AD can 
be found in BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-237, Revision 1, dated April 2, 2013.

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

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

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
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.
    (2) Contacting the Manufacturer: As of the effective date of 
this AD, 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.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2014-0071, dated March 19, 2014, 
for related information. This MCAI may be found in the AD docket on 
the Internet at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2016-4220.
    (2) 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 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.

    Issued in Renton, Washington, on November 10, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-28060 Filed 12-12-16; 8:45 am]
BILLING CODE 4910-13-P