Proposed Rule2021-25464
Airworthiness Directives; BAE Systems (Operations) Limited Airplanes
Primary source
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Published
November 23, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2017-12-08, which 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. AD 2017-12-08 requires revising the maintenance or inspection program, as applicable, to incorporate new or revised structural inspection requirements. Since the FAA issued AD 2017-12-08, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 86 Issue 223 (Tuesday, November 23, 2021)</title>
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[Federal Register Volume 86, Number 223 (Tuesday, November 23, 2021)]
[Proposed Rules]
[Pages 66471-66474]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25464]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-1013; Project Identifier MCAI-2020-01530-T]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2017-12-08, which 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. AD 2017-12-08 requires revising
the maintenance or inspection program, as applicable, to incorporate
new or revised structural inspection requirements. Since the FAA issued
AD 2017-12-08, the FAA has determined that new or more restrictive
airworthiness limitations are necessary. This proposed AD would require
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. The
FAA is proposing this AD to address the unsafe condition on these
products.
DATES: The FAA must receive comments on this proposed AD by January 7,
2022.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, 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
<a href="/cdn-cgi/l/email-protection#1644576663747a7f7577627f79786556747773656f6562737b653875797b"><span class="__cf_email__" data-cfemail="cc9e8dbcb9aea0a5afadb8a5a3a2bf8caeada9bfb5bfb8a9a1bfe2afa3a1">[email protected]</span></a>; internet <a href="http://www.baesystems.com/Businesses/RegionalAircraft/index.htm">http://www.baesystems.com/Businesses/RegionalAircraft/index.htm</a>. You may view this service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des Moines, WA. For information on
the availability of this material at the FAA, call 206-231-3195.
Examining the AD Docket
You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2021-
1013; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, any comments received, and other information. The street
address for Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3228;
email <a href="/cdn-cgi/l/email-protection#265249424208524e494b565549486640474708414950"><span class="__cf_email__" data-cfemail="6c1803080842180403011c1f03022c0a0d0d420b031a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-1013; Project Identifier
MCAI-2020-01530-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposed AD.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated
[[Page 66472]]
as private, that you actually treat as private, and that is relevant or
responsive to this NPRM, it is important that you clearly designate the
submitted comments as CBI. Please mark each page of your submission
containing CBI as ``PROPIN.'' The FAA will treat such marked
submissions as confidential under the FOIA, and they will not be placed
in the public docket of this NPRM. Submissions containing CBI should be
sent to Todd Thompson, Aerospace Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200 South 216th St., Des Moines,
WA 98198; telephone and fax 206-231-3228; email <a href="/cdn-cgi/l/email-protection#cdb9a2a9a9e3b9a5a2a0bdbea2a38dabacace3aaa2bb"><span class="__cf_email__" data-cfemail="a0d4cfc4c48ed4c8cfcdd0d3cfcee0c6c1c18ec7cfd6">[email protected]</span></a>.
Any commentary that the FAA receives which is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.
Background
The FAA issued AD 2017-12-08, Amendment 39-18923 (82 FR 27414, June
15, 2017) (AD 2017-12-08), for all BAE Systems (Operations) Limited
Model BAe 146-100A, -200A, and -300A airplanes; and Model Avro 146-
RJ70A, 146-RJ85A, and 146-RJ100A airplanes. AD 2017-12-08 requires
revising the maintenance or inspection program, as applicable, to
incorporate new or revised structural inspection requirements. AD 2017-
12-08 resulted from a determination that new or revised structural
inspection requirements are necessary. The FAA issued AD 2017-12-08 to
address fatigue cracking of certain structural elements, which could
adversely affect the structural integrity of the airplane.
Actions Since AD 2017-12-08 Was Issued
Since the FAA issued AD 2017-12-08, the FAA has determined that new
or more restrictive airworthiness limitations are necessary.
The Civil Aviation Authority (CAA), which is the aviation authority
for the United Kingdom, has issued CAA AD G-2021-0011, dated October 8,
2021 (CAA AD G-2021-0011) (also referred to after this as the Mandatory
Continuing Airworthiness Information, or the MCAI), to correct an
unsafe condition for all BAe 146 and AVRO 146-RJ airplanes. You may
examine the MCAI in the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2021-
1013.
This proposed AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
proposing this AD to address fatigue cracking of certain structural
elements, which could adversely affect the structural integrity of the
airplane. See the MCAI for additional background information.
Related Service Information Under 1 CFR Part 51
BAE Systems has issued Chapter 05 of BAe 146 Series/AVRO 146-RJ
Series Aircraft Maintenance Manual, Revision 132, dated August 18,
2021. This service information describes airworthiness limitations,
including life limits, maintenance tasks, and CDCCLs.
This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.
FAA's Determination
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.
Proposed Requirements of This NPRM
This proposed AD would retain certain requirements of AD 2017-12-
08. This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions 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.
Costs of Compliance
The FAA estimates that this proposed AD affects 30 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
The FAA estimates the total cost per operator for the retained
actions from AD 2017-12-08 to be $7,650 (90 work-hours x $85 per work-
hour).
The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
agency recognizes that this number may vary from operator to operator.
Since operators incorporate maintenance or inspection program changes
for their affected fleet(s), the FAA has determined that a per-operator
estimate is more accurate than a per-airplane estimate. Therefore, the
agency estimates the average total cost per operator to be $7,650 (90
work-hours x $85 per work-hour).
The FAA estimates the total cost per operator for the new proposed
actions to be $7,650 (90 work-hours x $85 per work-hour).
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.
The FAA is 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
The FAA 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) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
[[Page 66473]]
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:
0
a. Removing Airworthiness Directive (AD) 2017-12-08, Amendment 39-18923
(82 FR 27414, June 15, 2017); and
0
b. Adding the following new AD:
BAE Systems (Operations) Limited: Docket No. FAA-2021-1013; Project
Identifier MCAI-2020-01530-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by January 7, 2022.
(b) Affected ADs
This AD replaces AD 2017-12-08, Amendment 39-18923 (82 FR 27414,
June 15, 2017) (AD 2017-12-08).
(c) Applicability
This AD applies to all BAE Systems (Operations) Limited
airplanes, certificated in any category, identified in paragraphs
(c)(1) and (2) of this AD.
(1) Model BAe 146-100A, -200A, and -300A airplanes.
(2) Model Avro 146-RJ70A, 146-RJ85A, and 146-RJ100A airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Reason
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address 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 Revision to the Maintenance or Inspection Program, With No
Changes
This paragraph restates the requirements of paragraph (i) of AD
2017-12-08, with no changes. Within 90 days after July 20, 2017 (the
effective date of AD 2017-12-08): 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, Large Aircraft Section, International
Validation Branch, FAA.
Note 1 to paragraph (g): An additional source of guidance for
the actions specified in paragraph (g) 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 (g): An additional source of guidance for
the actions specified in paragraph (g) 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 (g): An additional source of guidance for
the actions specified in paragraph (g) 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 (g): An additional source of guidance for
the actions specified in paragraph (g) 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 (g): An additional source of guidance for
the actions specified in paragraph (g) of this AD can be found in
BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53-
237, Revision 1, dated April 2, 2013.
(h) Retained No Alternative Actions, Intervals, and/or Critical Design
Configuration Control Limitations (CDCCLs), With No Changes
This paragraph restates the requirements of paragraph (j) of AD
2017-12-08, with no changes. Except as specified in paragraph (i) of
this AD: After accomplishing the revision required by paragraph (g)
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 alternative method of compliance (AMOC) in
accordance with the procedures specified in paragraph (k)(1) of this
AD.
(i) New Maintenance or Inspection Program Revision
Within 90 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the information specified in Chapter 05 of BAe 146
Series/AVRO 146-RJ Series Aircraft Maintenance Manual, Revision 132,
dated August 18, 2021. The initial compliance time for doing the
tasks is at the time specified in Chapter 05 of BAe 146 Series/AVRO
146-RJ Series Aircraft Maintenance Manual, Revision 132, dated
August 18, 2021, or within 90 days after the effective date of this
AD, whichever occurs later. Accomplishing the revision required by
this paragraph terminates the actions required by paragraph (g) of
this AD.
(j) New No Alternative Actions, Intervals, or CDCCLs
After the existing maintenance or inspection program has been
revised as required by paragraph (i) of this AD, no alternative
actions (e.g., inspections), intervals, 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,
Large Aircraft Section, International Validation Branch, 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 responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (l)(2) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#cdf4e08c9b9ee08c849fe0fafefde08c80828e8dabacace3aaa2bb"><span class="__cf_email__" data-cfemail="bc8591fdeaef91fdf5ee918b8f8c91fdf1f3fffcdadddd92dbd3ca">[email protected]</span></a>.
(i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(ii) AMOCs approved for AD 2017-12-08 are approved as AMOCs for
the corresponding provisions of this AD.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or the Civil Aviation
Authority (CAA); or BAE Systems (Operations) Limited's CAA 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) CAA AD G-2021-0011, dated October 8, 2021, for related
information. This MCAI may be found in the AD docket on the internet
at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket
No. FAA-2021-1013.
(2) For more information about this AD, contact Todd Thompson,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3228; email <a href="/cdn-cgi/l/email-protection#75011a11115b011d1a1805061a1b351314145b121a03"><span class="__cf_email__" data-cfemail="dfabb0bbbbf1abb7b0b2afacb0b19fb9bebef1b8b0a9">[email protected]</span></a>.
(3) For service information identified in this AD, contact BAE
Systems (Operations) Limited, Customer Information Department,
Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United
Kingdom; telephone +44 1292 675207; fax +44 1292 675704; email
<a href="/cdn-cgi/l/email-protection#b2e0f3c2c7d0dedbd1d3c6dbdddcc1f2d0d3d7c1cbc1c6d7dfc19cd1dddf"><span class="__cf_email__" data-cfemail="cc9e8dbcb9aea0a5afadb8a5a3a2bf8caeada9bfb5bfb8a9a1bfe2afa3a1">[email protected]</span></a>; internet <a href="http://www.baesystems.com/Businesses/RegionalAircraft/index.htm">http://www.baesystems.com/Businesses/RegionalAircraft/index.htm</a>. You may view this service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des Moines, WA. For information
on the availability of this material at the FAA, call 206-231-3195.
[[Page 66474]]
Issued on November 17, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-25464 Filed 11-22-21; 8:45 am]
BILLING CODE 4910-13-P
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