80_FR_70121 80 FR 69903 - Airworthiness Directives; BAE Systems (Operations) Limited Airplanes

80 FR 69903 - Airworthiness Directives; BAE Systems (Operations) Limited Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 218 (November 12, 2015)

Page Range69903-69905
FR Document2015-28561

We propose to adopt a new airworthiness directive (AD) for all BAE Systems (Operations) Limited Model BAe 146 series airplanes and Model Avro 146-RJ series airplanes. This proposed AD was prompted by reports of cracking of the main fitting of the nose landing gear (NLG) and a determination that a new safe-life limitation for affected NLG main fittings has not been mandated. This proposed AD would require replacing affected NLG main fittings that have exceeded the safe-life limitation with a new or serviceable fitting. We are proposing this AD to prevent collapse of the NLG, which if not corrected, could lead to degradation of direction control on the ground or an un-commanded turn to the left, and a consequent loss of control of the airplane on the ground, possibly resulting in damage to the airplane and injury to occupants.

Federal Register, Volume 80 Issue 218 (Thursday, November 12, 2015)
[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)]
[Proposed Rules]
[Pages 69903-69905]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28561]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-4212; Directorate Identifier 2015-NM-010-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
BAE Systems (Operations) Limited Model BAe 146 series airplanes and 
Model Avro 146-RJ series airplanes. This proposed AD was prompted by 
reports of cracking of the main fitting of the nose landing gear (NLG) 
and a determination that a new safe-life limitation for affected NLG 
main fittings has not been mandated. This proposed AD would require 
replacing affected NLG main fittings that have exceeded the safe-life 
limitation with a new or serviceable fitting. We are proposing this AD 
to prevent collapse of the NLG, which if not corrected, could lead to 
degradation of direction control on the ground or an un-commanded turn 
to the left, and a consequent loss of control of the airplane on the 
ground, possibly resulting in damage to the airplane and injury to 
occupants.

DATES: We must receive comments on this proposed AD by December 28, 
2015.

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 http://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 proposed 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 
[email protected]; Internet http://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 http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
4212; 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 
Operations office (telephone 800-647-5527) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, 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-2015-4212; 
Directorate Identifier 2015-NM-010-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 http://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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2012-0191R1, dated November 6, 2012 (referred 
to after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all BAE Systems 
(Operations) Limited Model BAe 146 series airplanes and Model Avro 146-
RJ series airplanes. The MCAI states:

    Several occurrences of the aeroplane`s Nose Landing Gear (NLG) 
Main Fitting cracking have been reported. Subsequently in different 
cases, NLG Main Fitting crack lead to collapsed NLG, locked NLG 
steering and an aeroplane`s un-commanded steering to the left.
    Cracks in the NLG Bell Housing are not detectable with the NLG 
fitted to the aeroplane and are difficult to detect during overhaul 
without substantial disassembly of the gear.
    This condition, if not corrected, could lead to degradation of 
directional control on the ground or an un-commanded turn to the 
left and a consequent loss of control of the aeroplane on the 
ground, possibly resulting in damage to the aeroplane and injury to 
occupants.
    Prompted by these findings, BAE Systems (Operations) Ltd issued 
Inspection Service Bulletin (ISB) 32-186 (hereafter referred to as 
the ISB) to introduce a new safe life of 16,000 flight cycles (FC) 
for certain NLG main fittings, having a Part Number (P/N) as 
identified in Paragraph 1A, tables 1, 2 and 3 of the ISB.
    To correct this unsafe condition, EASA issued [EASA] AD 2012-
0191 to require implementation of the new safe-life limitation for 
the affected NLG main fittings and replacement of fittings that have 
already exceeded the new limit.
* * * * *
    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
4212.

[[Page 69904]]

Related Service Information Under 1 CFR Part 51

    BAE Systems (Operations) Limited has issued Inspection Service 
Bulletin ISB.32-186, dated April 12, 2012. This service information 
describes procedures for determining the compliance times for replacing 
the NLG main fittings. 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 
of this NPRM.

Related Rulemaking

    On August 4, 2014, we issued AD 2014-16-18, Amendment 39-17942 (79 
FR 51234, August 28, 2014). AD 2014-16-18 requires revising the 
maintenance program by incorporating a new safe-life limitation for the 
NLG main fitting on all BAE Systems (Operations) Limited Model BAe 146 
series airplanes and Model Avro 146-RJ series airplanes. Since we 
issued AD 2014-16-18, Amendment 39-17942 (79 FR 51234, August 28, 
2014), we have determined that the new safe-life limitation for 
affected NLG main fittings has not been mandated because the safe-life 
limitation was not incorporated in Subject 05-10-15, Aircraft Equipment 
Airworthiness Limitations, of Section 05-10, Time Limits, of Chapter 
05, Time Limits/Maintenance Checks, of the BAE Systems (Operations) 
Limited BAe 146 Series/Avro 146-RJ Series Aircraft Maintenance Manual, 
Revision 108, dated September 14, 2012 (which was referred to as the 
appropriate source of service information for incorporating the safe-
life limitation into the maintenance or inspections program). 
Therefore, the FAA has determined that it is necessary to require the 
replacement of NLG main fittings that have exceeded the safe-life 
limitation with a new or serviceable fitting.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Costs of Compliance

    We estimate that this proposed AD affects 4 airplanes of U.S. 
registry.
    We also estimate that it would take about 36 work-hours per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Required parts would cost $81,000 per 
product. Based on these figures, we estimate the cost of this proposed 
AD on U.S. operators to be $336,240, or $84,060 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 adding the following new airworthiness 
directive (AD):

BAE Systems (Operations) Limited: Docket No. FAA-2015-4212; 
Directorate Identifier 2015-NM-010-AD.

(a) Comments Due Date

    We must receive comments by December 28, 2015.

(b) Affected ADs

    None.

(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 
models, all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by reports of cracking of the main fitting 
of the nose landing gear (NLG) and a determination that a new safe-
life limitation for affected NLG main fittings has not been 
mandated. We are issuing this AD to prevent collapse of the NLG, 
which if not corrected could lead to degradation of direction 
control on the ground or an uncommanded turn to the left, and a 
consequent loss of control of the airplane on the ground, possibly 
resulting in damage to the airplane and injury to occupants.

(f) Compliance

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

(g) Repetitive Replacement of Nose Landing Gear (NLG) Main Fitting

    At the applicable compliance time specified in paragraphs (g)(1) 
through (g)(4) of this AD: Replace each affected nose landing gear 
(NLG) main fitting, having a part number (P/N) as identified in 
paragraph 1.A, tables 1., 2., and 3. of BAE Systems (Operations) 
Limited Inspection Service Bulletin ISB.32-186, dated April 12, 
2012, in accordance with the Accomplishment Instructions of that BAE 
Systems (Operations) Limited Inspection Service Bulletin ISB.32-186, 
dated April 12, 2012.

[[Page 69905]]

Thereafter, before the accumulation of 16,000 flight cycles on any 
affected NLG main fitting having a part number as identified in 
paragraph 1.A, tables 1., 2., and 3. of BAE Systems (Operations) 
Limited Inspection Service Bulletin ISB.32-186, dated April 12, 
2012, replace each affected nose landing gear (NLG) main fitting, in 
accordance with the Accomplishment Instructions of that BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.32-186, dated 
April 12, 2012.
    (1) For NLG main fittings that have accumulated 29,000 flight 
cycles or more since first installation on an airplane: Within 12 
months after the effective date of this AD.
    (2) For NLG main fittings that have 20,000 flight cycles or more 
but less than 29,000 flight cycles since first installation on an 
airplane: Within 24 months after the effective date of this AD.
    (3) For NLG main fittings that have 16,000 flight cycles or more 
but less than 20,000 flight cycles since first installation on an 
airplane: Within 36 months after the effective date of this AD.
    (4) For NLG main fittings that have accumulated less than 16,000 
flight cycles since first installation on an airplane: Before 
accumulating 16,000 flight cycles since first installation on an 
airplane or within 36 months after the effective date of this AD, 
whichever occurs later.

(h) Parts Installation Limitation

    As of the effective date of this AD, no person may install an 
NLG main fitting having a part number identified in paragraph 1.A., 
Tables 1., 2., and 3., of BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.32-186, dated April 12, 2012, unless 
that fitting is in compliance with the requirements of this AD.

(i) 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: [email protected]. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office. The 
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
European Aviation Safety Agency (EASA); or BAE Systems (Operations) 
Limited's EASA Design Organization Approval (DOA). If approved by 
the DOA, the approval must include the DOA-authorized signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency (EASA) Airworthiness 
Directive 2012-0191R1, dated November 6, 2012, for related 
information. This MCAI may be found in the AD docket on the Internet 
at http://www.regulations.gov by searching for and locating Docket 
No. FAA-2015-4212.
    (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 
[email protected]; Internet http://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 October 30, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-28561 Filed 11-10-15; 8:45 am]
BILLING CODE 4910-13-P



                                                                        Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Proposed Rules                                              69903

                                                    searching for and locating Docket No. FAA–              11.43 and 11.45, by any of the following              FAA–2015–4212; Directorate Identifier
                                                    2015–4810.                                              methods:                                              2015–NM–010–AD’’ at the beginning of
                                                      (2) For service information identified in                • Federal eRulemaking Portal: Go to                your comments. We specifically invite
                                                    this AD, contact Airbus SAS, Airworthiness              http://www.regulations.gov. Follow the                comments on the overall regulatory,
                                                    Office—EAL, 1 Rond Point Maurice Bellonte,
                                                    31707 Blagnac Cedex, France; telephone +33
                                                                                                            instructions for submitting comments.                 economic, environmental, and energy
                                                    5 61 93 36 96; fax +33 5 61 93 45 80; email                • Fax: 202–493–2251.                               aspects of this proposed AD. We will
                                                    airworthiness.A330-A340@airbus.com;                        • Mail: U.S. Department of                         consider all comments received by the
                                                    Internet http://www.airbus.com. You may                 Transportation, Docket Operations, M–                 closing date and may amend this
                                                    view this service information at the FAA,               30, West Building Ground Floor, Room                  proposed AD based on those comments.
                                                    Transport Airplane Directorate, 1601 Lind               W12–140, 1200 New Jersey Avenue SE.,                    We will post all comments we
                                                    Avenue SW., Renton, WA. For information                 Washington, DC 20590.                                 receive, without change, to http://
                                                    on the availability of this material at the                • Hand Delivery: U.S. Department of                www.regulations.gov, including any
                                                    FAA, call 425–227–1221.                                 Transportation, Docket Operations, M–                 personal information you provide. We
                                                      Issued in Renton, Washington, on October              30, West Building Ground Floor, Room                  will also post a report summarizing each
                                                    30, 2015.                                               W12–140, 1200 New Jersey Avenue SE.,                  substantive verbal contact we receive
                                                    Michael Kaszycki,                                       Washington, DC, between 9 a.m. and 5                  about this proposed AD.
                                                    Acting Manager, Transport Airplane                      p.m., Monday through Friday, except
                                                    Directorate, Aircraft Certification Service.            Federal holidays.                                     Discussion
                                                    [FR Doc. 2015–28559 Filed 11–10–15; 8:45 am]               For service information identified in
                                                                                                            this proposed AD, contact BAE Systems                   The European Aviation Safety Agency
                                                    BILLING CODE 4910–13–P
                                                                                                            (Operations) Limited, Customer                        (EASA), which is the Technical Agent
                                                                                                            Information Department, Prestwick                     for the Member States of the European
                                                    DEPARTMENT OF TRANSPORTATION                            International Airport, Ayrshire, KA9                  Union, has issued EASA Airworthiness
                                                                                                            2RW, Scotland, United Kingdom;                        Directive 2012–0191R1, dated
                                                    Federal Aviation Administration                         telephone +44 1292 675207; fax +44                    November 6, 2012 (referred to after this
                                                                                                            1292 675704; email RApublications@                    as the Mandatory Continuing
                                                    14 CFR Part 39                                          baesystems.com; Internet http://                      Airworthiness Information, or ‘‘the
                                                                                                            www.baesystems.com/Businesses/                        MCAI’’), to correct an unsafe condition
                                                    [Docket No. FAA–2015–4212; Directorate                                                                        for all BAE Systems (Operations)
                                                    Identifier 2015–NM–010–AD]                              RegionalAircraft/index.htm. You may
                                                                                                            view this referenced service information              Limited Model BAe 146 series airplanes
                                                    RIN 2120–AA64
                                                                                                            at the FAA, Transport Airplane                        and Model Avro 146–RJ series airplanes.
                                                                                                            Directorate, 1601 Lind Avenue SW.,                    The MCAI states:
                                                    Airworthiness Directives; BAE
                                                                                                            Renton, WA. For information on the                       Several occurrences of the aeroplane‘s
                                                    Systems (Operations) Limited
                                                                                                            availability of this material at the FAA,             Nose Landing Gear (NLG) Main Fitting
                                                    Airplanes                                                                                                     cracking have been reported. Subsequently in
                                                                                                            call 425–227–1221.
                                                    AGENCY: Federal Aviation                                                                                      different cases, NLG Main Fitting crack lead
                                                    Administration (FAA), DOT.                              Examining the AD Docket                               to collapsed NLG, locked NLG steering and
                                                                                                                                                                  an aeroplane‘s un-commanded steering to the
                                                    ACTION: Notice of proposed rulemaking                      You may examine the AD docket on                   left.
                                                    (NPRM).                                                 the Internet at http://                                  Cracks in the NLG Bell Housing are not
                                                                                                            www.regulations.gov by searching for                  detectable with the NLG fitted to the
                                                    SUMMARY:    We propose to adopt a new                   and locating Docket No. FAA–2015–                     aeroplane and are difficult to detect during
                                                    airworthiness directive (AD) for all BAE                4212; or in person at the Docket                      overhaul without substantial disassembly of
                                                    Systems (Operations) Limited Model                      Management Facility between 9 a.m.                    the gear.
                                                    BAe 146 series airplanes and Model                      and 5 p.m., Monday through Friday,                       This condition, if not corrected, could lead
                                                    Avro 146–RJ series airplanes. This                      except Federal holidays. The AD docket                to degradation of directional control on the
                                                    proposed AD was prompted by reports                                                                           ground or an un-commanded turn to the left
                                                                                                            contains this proposed AD, the
                                                    of cracking of the main fitting of the                                                                        and a consequent loss of control of the
                                                                                                            regulatory evaluation, any comments                   aeroplane on the ground, possibly resulting
                                                    nose landing gear (NLG) and a                           received, and other information. The                  in damage to the aeroplane and injury to
                                                    determination that a new safe-life                      street address for the Docket Operations              occupants.
                                                    limitation for affected NLG main fittings               office (telephone 800–647–5527) is in                    Prompted by these findings, BAE Systems
                                                    has not been mandated. This proposed                    the ADDRESSES section. Comments will                  (Operations) Ltd issued Inspection Service
                                                    AD would require replacing affected                     be available in the AD docket shortly                 Bulletin (ISB) 32–186 (hereafter referred to as
                                                    NLG main fittings that have exceeded                    after receipt.                                        the ISB) to introduce a new safe life of 16,000
                                                    the safe-life limitation with a new or                                                                        flight cycles (FC) for certain NLG main
                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                                    serviceable fitting. We are proposing                                                                         fittings, having a Part Number (P/N) as
                                                                                                            Todd Thompson, Aerospace Engineer,                    identified in Paragraph 1A, tables 1, 2 and 3
                                                    this AD to prevent collapse of the NLG,                 International Branch, ANM–116,                        of the ISB.
                                                    which if not corrected, could lead to                   Transport Airplane Directorate, FAA,                     To correct this unsafe condition, EASA
                                                    degradation of direction control on the                 1601 Lind Avenue SW., Renton, WA                      issued [EASA] AD 2012–0191 to require
                                                    ground or an un-commanded turn to the                   98057–3356; telephone 425–227–1175;                   implementation of the new safe-life
                                                    left, and a consequent loss of control of               fax 425–227–1149.                                     limitation for the affected NLG main fittings
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                    the airplane on the ground, possibly                                                                          and replacement of fittings that have already
                                                                                                            SUPPLEMENTARY INFORMATION:
                                                    resulting in damage to the airplane and                                                                       exceeded the new limit.
                                                    injury to occupants.                                    Comments Invited                                      *     *    *    *    *
                                                    DATES: We must receive comments on                        We invite you to send any written                     You may examine the MCAI in the
                                                    this proposed AD by December 28,                        relevant data, views, or arguments about              AD docket on the Internet at http://
                                                    2015.                                                   this proposed AD. Send your comments                  www.regulations.gov by searching for
                                                    ADDRESSES:  You may send comments,                      to an address listed under the                        and locating Docket No. FAA–2015–
                                                    using the procedures found in 14 CFR                    ADDRESSES section. Include ‘‘Docket No.               4212.


                                               VerDate Sep<11>2014   17:34 Nov 10, 2015   Jkt 238001   PO 00000   Frm 00016   Fmt 4702   Sfmt 4702   E:\FR\FM\12NOP1.SGM   12NOP1


                                                    69904               Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Proposed Rules

                                                    Related Service Information Under 1                     Costs of Compliance                                   The Proposed Amendment
                                                    CFR Part 51                                                We estimate that this proposed AD                    Accordingly, under the authority
                                                       BAE Systems (Operations) Limited                     affects 4 airplanes of U.S. registry.                 delegated to me by the Administrator,
                                                                                                               We also estimate that it would take                the FAA proposes to amend 14 CFR part
                                                    has issued Inspection Service Bulletin
                                                                                                            about 36 work-hours per product to                    39 as follows:
                                                    ISB.32–186, dated April 12, 2012. This
                                                                                                            comply with the basic requirements of
                                                    service information describes                           this proposed AD. The average labor                   PART 39—AIRWORTHINESS
                                                    procedures for determining the                          rate is $85 per work-hour. Required                   DIRECTIVES
                                                    compliance times for replacing the NLG                  parts would cost $81,000 per product.
                                                    main fittings. This service information                 Based on these figures, we estimate the               ■ 1. The authority citation for part 39
                                                    is reasonably available because the                     cost of this proposed AD on U.S.                      continues to read as follows:
                                                    interested parties have access to it                    operators to be $336,240, or $84,060 per                  Authority: 49 U.S.C. 106(g), 40113, 44701.
                                                    through their normal course of business                 product.
                                                    or by the means identified in the                                                                             § 39.13    [Amended]
                                                    ADDRESSES section of this NPRM.                         Authority for This Rulemaking                         ■ 2. The FAA amends § 39.13 by adding
                                                                                                               Title 49 of the United States Code                 the following new airworthiness
                                                    Related Rulemaking                                                                                            directive (AD):
                                                                                                            specifies the FAA’s authority to issue
                                                       On August 4, 2014, we issued AD                      rules on aviation safety. Subtitle I,                 BAE Systems (Operations) Limited: Docket
                                                    2014–16–18, Amendment 39–17942 (79                      section 106, describes the authority of                  No. FAA–2015–4212; Directorate
                                                                                                            the FAA Administrator. ‘‘Subtitle VII:                   Identifier 2015–NM–010–AD.
                                                    FR 51234, August 28, 2014). AD 2014–
                                                    16–18 requires revising the maintenance                 Aviation Programs,’’ describes in more                (a) Comments Due Date
                                                    program by incorporating a new safe-life                detail the scope of the Agency’s                        We must receive comments by December
                                                    limitation for the NLG main fitting on                  authority.                                            28, 2015.
                                                    all BAE Systems (Operations) Limited                       We are issuing this rulemaking under
                                                                                                            the authority described in ‘‘Subtitle VII,            (b) Affected ADs
                                                    Model BAe 146 series airplanes and
                                                                                                            Part A, Subpart III, Section 44701:                     None.
                                                    Model Avro 146–RJ series airplanes.
                                                                                                            General requirements.’’ Under that                    (c) Applicability
                                                    Since we issued AD 2014–16–18,
                                                                                                            section, Congress charges the FAA with
                                                    Amendment 39–17942 (79 FR 51234,                                                                                 This AD applies to BAE Systems
                                                                                                            promoting safe flight of civil aircraft in            (Operations) Limited Model BAe 146–100A,
                                                    August 28, 2014), we have determined
                                                                                                            air commerce by prescribing regulations               –200A, and –300A airplanes; and Model
                                                    that the new safe-life limitation for
                                                                                                            for practices, methods, and procedures                Avro 146–RJ70A, 146–RJ85A, and 146–
                                                    affected NLG main fittings has not been                 the Administrator finds necessary for                 RJ100A airplanes; certificated in any
                                                    mandated because the safe-life                          safety in air commerce. This regulation               category, all models, all serial numbers.
                                                    limitation was not incorporated in                      is within the scope of that authority
                                                    Subject 05–10–15, Aircraft Equipment                                                                          (d) Subject
                                                                                                            because it addresses an unsafe condition
                                                    Airworthiness Limitations, of Section                   that is likely to exist or develop on                   Air Transport Association (ATA) of
                                                    05–10, Time Limits, of Chapter 05, Time                                                                       America Code 05, Time Limits/Maintenance
                                                                                                            products identified in this rulemaking                Checks.
                                                    Limits/Maintenance Checks, of the BAE                   action.
                                                    Systems (Operations) Limited BAe 146                                                                          (e) Reason
                                                    Series/Avro 146–RJ Series Aircraft                      Regulatory Findings                                      This AD was prompted by reports of
                                                    Maintenance Manual, Revision 108,                         We determined that this proposed AD                 cracking of the main fitting of the nose
                                                    dated September 14, 2012 (which was                     would not have federalism implications                landing gear (NLG) and a determination that
                                                    referred to as the appropriate source of                under Executive Order 13132. This                     a new safe-life limitation for affected NLG
                                                    service information for incorporating                   proposed AD would not have a                          main fittings has not been mandated. We are
                                                    the safe-life limitation into the                                                                             issuing this AD to prevent collapse of the
                                                                                                            substantial direct effect on the States, on
                                                                                                                                                                  NLG, which if not corrected could lead to
                                                    maintenance or inspections program).                    the relationship between the national                 degradation of direction control on the
                                                    Therefore, the FAA has determined that                  Government and the States, or on the                  ground or an uncommanded turn to the left,
                                                    it is necessary to require the                          distribution of power and                             and a consequent loss of control of the
                                                    replacement of NLG main fittings that                   responsibilities among the various                    airplane on the ground, possibly resulting in
                                                    have exceeded the safe-life limitation                  levels of government.                                 damage to the airplane and injury to
                                                    with a new or serviceable fitting.                        For the reasons discussed above, I                  occupants.
                                                                                                            certify this proposed regulation:                     (f) Compliance
                                                    FAA’s Determination and Requirements                      1. Is not a ‘‘significant regulatory
                                                    of This Proposed AD                                                                                              Comply with this AD within the
                                                                                                            action’’ under Executive Order 12866;                 compliance times specified, unless already
                                                                                                              2. Is not a ‘‘significant rule’’ under the          done.
                                                      This product has been approved by
                                                                                                            DOT Regulatory Policies and Procedures
                                                    the aviation authority of another                                                                             (g) Repetitive Replacement of Nose Landing
                                                                                                            (44 FR 11034, February 26, 1979);
                                                    country, and is approved for operation                    3. Will not affect intrastate aviation in           Gear (NLG) Main Fitting
                                                    in the United States. Pursuant to our                   Alaska; and                                              At the applicable compliance time
                                                    bilateral agreement with the State of                     4. Will not have a significant                      specified in paragraphs (g)(1) through (g)(4)
                                                    Design Authority, we have been notified                                                                       of this AD: Replace each affected nose
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                                                                                                            economic impact, positive or negative,
                                                    of the unsafe condition described in the                on a substantial number of small entities             landing gear (NLG) main fitting, having a part
                                                    MCAI and service information                                                                                  number (P/N) as identified in paragraph 1.A,
                                                                                                            under the criteria of the Regulatory
                                                    referenced above. We are proposing this                                                                       tables 1., 2., and 3. of BAE Systems
                                                                                                            Flexibility Act.                                      (Operations) Limited Inspection Service
                                                    AD because we evaluated all pertinent
                                                                                                            List of Subjects in 14 CFR Part 39                    Bulletin ISB.32–186, dated April 12, 2012, in
                                                    information and determined an unsafe                                                                          accordance with the Accomplishment
                                                    condition exists and is likely to exist or                Air transportation, Aircraft, Aviation              Instructions of that BAE Systems
                                                    develop on other products of the same                   safety, Incorporation by reference,                   (Operations) Limited Inspection Service
                                                    type design.                                            Safety.                                               Bulletin ISB.32–186, dated April 12, 2012.



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                                                                        Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Proposed Rules                                           69905

                                                    Thereafter, before the accumulation of 16,000           116, Transport Airplane Directorate, FAA; or          the term ‘‘natural’’ for use in food
                                                    flight cycles on any affected NLG main fitting          the European Aviation Safety Agency                   labeling and one citizen petition asking
                                                    having a part number as identified in                   (EASA); or BAE Systems (Operations)                   that we prohibit the term ‘‘natural’’ on
                                                    paragraph 1.A, tables 1., 2., and 3. of BAE             Limited’s EASA Design Organization
                                                                                                                                                                  food labels. We also note that some
                                                    Systems (Operations) Limited Inspection                 Approval (DOA). If approved by the DOA,
                                                    Service Bulletin ISB.32–186, dated April 12,            the approval must include the DOA-                    Federal courts, as a result of litigation
                                                    2012, replace each affected nose landing gear           authorized signature.                                 between private parties, have requested
                                                    (NLG) main fitting, in accordance with the                                                                    administrative determinations from
                                                                                                            (j) Related Information                               FDA regarding whether food products
                                                    Accomplishment Instructions of that BAE
                                                    Systems (Operations) Limited Inspection                    (1) Refer to Mandatory Continuing                  containing ingredients produced using
                                                    Service Bulletin ISB.32–186, dated April 12,            Airworthiness Information (MCAI) European             genetic engineering or foods containing
                                                    2012.                                                   Aviation Safety Agency (EASA)
                                                                                                                                                                  high fructose corn syrup may be labeled
                                                       (1) For NLG main fittings that have                  Airworthiness Directive 2012–0191R1, dated
                                                                                                            November 6, 2012, for related information.            as ‘‘natural.’’ We are working with the
                                                    accumulated 29,000 flight cycles or more                                                                      United States Department of Agriculture
                                                    since first installation on an airplane: Within         This MCAI may be found in the AD docket
                                                    12 months after the effective date of this AD.          on the Internet at http://www.regulations.gov         (USDA) Agricultural Marketing Service
                                                       (2) For NLG main fittings that have 20,000           by searching for and locating Docket No.              and Food Safety and Inspection Service
                                                    flight cycles or more but less than 29,000              FAA–2015–4212.                                        to also examine the use of the term
                                                    flight cycles since first installation on an               (2) For service information identified in          ‘‘natural’’ in meat, poultry, and egg
                                                    airplane: Within 24 months after the effective          this AD, contact BAE Systems (Operations)             products, and are considering areas for
                                                    date of this AD.                                        Limited, Customer Information Department,             coordination between FDA and USDA.
                                                       (3) For NLG main fittings that have 16,000           Prestwick International Airport, Ayrshire,
                                                                                                            KA9 2RW, Scotland, United Kingdom;                    We invite public comment on the term
                                                    flight cycles or more but less than 20,000                                                                    ‘‘natural’’ in the context of food labeling
                                                    flight cycles since first installation on an            telephone +44 1292 675207; fax +44 1292
                                                                                                            675704; email RApublications@                         and on specific questions contained in
                                                    airplane: Within 36 months after the effective
                                                    date of this AD.                                        baesystems.com; Internet http://                      this document.
                                                       (4) For NLG main fittings that have                  www.baesystems.com/Businesses/                        DATES: Comments must be received on
                                                    accumulated less than 16,000 flight cycles              RegionalAircraft/index.htm. You may view              or before February 10, 2016.
                                                    since first installation on an airplane: Before         this service information at the FAA,
                                                                                                            Transport Airplane Directorate, 1601 Lind             ADDRESSES: You may submit comments
                                                    accumulating 16,000 flight cycles since first                                                                 as follows:
                                                                                                            Avenue SW., Renton, WA. For information
                                                    installation on an airplane or within 36
                                                                                                            on the availability of this material at the
                                                    months after the effective date of this AD,                                                                   Electronic Submissions
                                                                                                            FAA, call 425–227–1221.
                                                    whichever occurs later.
                                                                                                              Issued in Renton, Washington, on October              Submit electronic comments in the
                                                    (h) Parts Installation Limitation                       30, 2015.                                             following way:
                                                      As of the effective date of this AD, no               Michael Kaszycki,                                       • Federal eRulemaking Portal: http://
                                                    person may install an NLG main fitting                                                                        www.regulations.gov. Follow the
                                                                                                            Acting Manager, Transport Airplane
                                                    having a part number identified in paragraph                                                                  instructions for submitting comments.
                                                                                                            Directorate, Aircraft Certification Service.
                                                    1.A., Tables 1., 2., and 3., of BAE Systems                                                                   Comments submitted electronically,
                                                    (Operations) Limited Inspection Service                 [FR Doc. 2015–28561 Filed 11–10–15; 8:45 am]
                                                                                                                                                                  including attachments, to http://
                                                    Bulletin ISB.32–186, dated April 12, 2012,              BILLING CODE 4910–13–P
                                                    unless that fitting is in compliance with the
                                                                                                                                                                  www.regulations.gov will be posted to
                                                    requirements of this AD.                                                                                      the docket unchanged. Because your
                                                                                                                                                                  comment will be made public, you are
                                                    (i) Other FAA AD Provisions                             DEPARTMENT OF HEALTH AND                              solely responsible for ensuring that your
                                                       The following provisions also apply to this          HUMAN SERVICES                                        comment does not include any
                                                    AD:                                                                                                           confidential information that you or a
                                                       (1) Alternative Methods of Compliance                Food and Drug Administration
                                                                                                                                                                  third party may not wish to be posted,
                                                    (AMOCs): The Manager, International                                                                           such as medical information, your or
                                                    Branch, ANM–116, Transport Airplane                     21 CFR Part 101
                                                    Directorate, FAA, has the authority to
                                                                                                                                                                  anyone else’s Social Security number, or
                                                                                                            [Docket No. FDA–2014–N–1207]                          confidential business information, such
                                                    approve AMOCs for this AD, if requested
                                                    using the procedures found in 14 CFR 39.19.                                                                   as a manufacturing process. Please note
                                                                                                            Use of the Term ‘‘Natural’’ in the                    that if you include your name, contact
                                                    In accordance with 14 CFR 39.19, send your
                                                    request to your principal inspector or local            Labeling of Human Food Products;                      information, or other information that
                                                    Flight Standards District Office, as                    Request for Information and                           identifies you in the body of your
                                                    appropriate. If sending information directly            Comments                                              comments, that information will be
                                                    to the International Branch, send it to ATTN:                                                                 posted on http://www.regulations.gov.
                                                                                                            AGENCY:    Food and Drug Administration,
                                                    Todd Thompson, Aerospace Engineer,                                                                              • If you want to submit a comment
                                                    International Branch, ANM–116, Transport                HHS.
                                                    Airplane Directorate, FAA, 1601 Lind                          Notification of request for
                                                                                                            ACTION:                                               with confidential information that you
                                                    Avenue SW., Renton, WA 98057–3356;                      comments.                                             do not wish to be made available to the
                                                    telephone 425–227–1175; fax 425–227–1149.                                                                     public, submit the comment as a
                                                    Information may be emailed to: 9-ANM-116-               SUMMARY:    The Food and Drug                         written/paper submission and in the
                                                    AMOC-REQUESTS@faa.gov. Before using                     Administration (FDA or we) is                         manner detailed (see ‘‘Written/Paper
                                                    any approved AMOC, notify your appropriate              announcing the establishment of a                     Submissions’’ and ‘‘Instructions’’).
                                                    principal inspector, or lacking a principal             docket to receive information and
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                                                    inspector, the manager of the local flight              comments on the use of the term                       Written/Paper Submissions
                                                    standards district office/certificate holding           ‘‘natural’’ in the labeling of human food               Submit written/paper submissions as
                                                    district office. The AMOC approval letter               products, including foods that are                    follows:
                                                    must specifically reference this AD.
                                                       (2) Contacting the Manufacturer: For any
                                                                                                            genetically engineered or contain                       • Mail/Hand delivery/Courier (for
                                                    requirement in this AD to obtain corrective             ingredients produced through the use of               written/paper submissions): Division of
                                                    actions from a manufacturer, the action must            genetic engineering. We are taking this               Dockets Management (HFA–305), Food
                                                    be accomplished using a method approved                 action in part because we received three              and Drug Administration, 5630 Fishers
                                                    by the Manager, International Branch, ANM–              citizen petitions asking that we define               Lane, Rm. 1061, Rockville, MD 20852.


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Document Created: 2015-12-14 14:53:53
Document Modified: 2015-12-14 14:53:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking (NPRM).
DatesWe must receive comments on this proposed AD by December 28, 2015.
ContactTodd 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.
FR Citation80 FR 69903 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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