Airworthiness Directives; BAE Systems (Operations) Limited Airplanes, 89878-89881 [2016-28060]
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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
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SUMMARY:
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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
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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:
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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.
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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
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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
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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.
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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.
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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
■
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[Amended]
2. The FAA amends § 39.13 by
removing Airworthiness Directive (AD)
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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
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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.
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(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
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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
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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]
=======================================================================
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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
