[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Rules and Regulations]
[Pages 8747-8750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02783]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1313; Project Identifier MCAI-2021-01418-T; 
Amendment 39-22317; AD 2023-02-10]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 99-25-11 
for certain BAE Systems (Operations) Limited Model BAe 146 and Avro 
146-RJ series airplanes. AD 99-25-11 required repetitive inspections 
for cracks along the face of the retraction attachment boss in the nose 
landing gear (NLG) sidewall; and corrective action, if necessary. This 
AD was prompted by a report of a crack found on the left-hand sidewall 
well on the NLG, and by the determination that additional airplanes are 
subject to the identified unsafe condition. This AD continues to 
require the actions in AD 99-25-11, and expands the applicability. The 
FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective March 17, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 17, 
2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
February 1, 2000 (64 FR 72522, December 28, 1999).

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1313; 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 final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For service information identified in this final rule, 
contact BAE Systems (Operations) Limited, Customer Information 
Department, Prestwick International Airport, Ayrshire, KA9 2RW, 
Scotland, United Kingdom; phone: +44 1292 675207; fax: +44 1292 675704; 
email: [email protected]; website: regional-services.com.
     You may view this service information at the Airworthiness 
Products Section, Operational Safety Branch, FAA, 2200 South 216th St., 
Des Moines, WA. For information on the availability of this material at 
the FAA, call (206) 231-3195. It is also available at regulations.gov 
under Docket No. FAA-2022-1313.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; phone: (206) 231-3228; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 99-25-11, Amendment 39-11454 (64 FR 72522, 
December 28, 1999) (AD 99-25-11). AD 99-25-11 applied to certain BAE 
Systems (Operations) Limited Model BAe 146 and Avro 146-RJ series 
airplanes. AD 99-25-11 required repetitive eddy current inspections for 
cracks along the face of the retraction attachment boss in the NLG 
sidewall; and corrective action, if necessary. AD 99-25-11 was prompted 
by issuance of MCAI by a foreign civil aviation authority. The FAA 
issued AD 99-25-11 to address cracking along the face of the retraction 
attachment boss in the NLG sidewall, which could result in premature 
extension of the NLG or result in depressurization of the airplane.
    FAA AD 99-25-11 corresponds to British AD 015-10-98.
    The NPRM published in the Federal Register on October 31, 2022 (87 
FR 65541). The NPRM was prompted by AD G-2021-0016R1, dated February 
18, 2022 (U.K. CAA AD G-2021-0016R1) (also referred as the MCAI), 
issued by the Civil Aviation Authority, which is the aviation authority 
for the United Kingdom. U.K. CAA AD G-2021-0016R1 superseded European 
Union

[[Page 8748]]

Aviation Safety Agency (EASA) AD 2007-0305, dated December 20, 2007, 
which superseded British AD 015-10-98. The FAA did not issue an AD 
corresponding to EASA AD 2007-0305. The MCAI states that evidence of 
cracking was found on several in-service airplanes in the bore and 
along the face of the retraction jack attachment boss on the left-hand 
NLG sidewall. Undetected cracking of the NLG sidewall could lead to 
explosive decompression of the fuselage near to the flightcrew (since 
the NLG sidewall forms part of the nose fuselage pressure shell), 
leading to significant structural damage to the airframe and/or 
incapacitation of the flightcrew.
    The effectivity of each revision of Inspection Service Bulletin 
ISB.53-152 before Revision 8 was limited to airplanes that were not 
modified by torque tightening modification HCM01641A in production. BAE 
Systems (Operations) Limited has received reports of two airplanes with 
cracks at the NLG retraction jack attachment boss; those airplanes were 
post-modification HCM01641A and as such were not subject to the 
requirements of FAA AD 99-25-11. As a result of new findings and 
further analysis, BAE Systems (Operations) Limited issued Revision 8 of 
ISB.53-152, dated February 19, 2018, which extends the effectivity to 
all BAe 146 and Avro 146-RJ airplanes, except for airplanes post-
modification HCM20011A, HCM20012A, HCM20013A, HCM20313A, HCM20314A, or 
HMC20315A.
    Revisions prior to Revision 8 of ISB.53-152 included provisions for 
continued operation with certain crack conditions, which was also 
allowed in FAA AD 99-25-11 if approved as specified in paragraph (h)(1) 
of this AD. The U.K. CAA and the FAA have determined that continued 
operation with known cracks is not acceptable. Therefore, this AD does 
not allow flight with cracks.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1313.
    In the NPRM, the FAA proposed to continue to require the actions in 
AD 99-25-11 and expand the applicability.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the costs.

Conclusion

    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 this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA reviewed the relevant data and determined 
that air safety requires adopting this AD as proposed. Accordingly, the 
FAA is issuing this AD to address the unsafe condition on this product. 
Except for minor editorial changes, this AD is adopted as proposed in 
the NPRM. None of the changes will increase the economic burden on any 
operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB.53-152, Revision 8, dated February 19, 2018. This 
service information describes procedures for repetitive eddy current 
inspections for cracking in the bore and along the face of the 
retraction attachment boss in the left-hand NLG sidewall, and repair or 
replacement of a cracked sidewall.
    The FAA also reviewed British Aerospace Service Bulletin SB.53-152, 
dated October 8, 1998, which the Director of the Federal Register 
approved for incorporation by reference as of February 1, 2000 (64 FR 
72522, December 28, 1999).
    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 ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD affects 20 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
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Retained actions from AD 99-25-11  1 work-hour x $85                $0  $85 per inspection   $1,700 per
                                    per hour = $85 per                   cycle.               inspection cycle.
                                    inspection cycle.
New proposed actions.............  2 work-hours x $85                0  170 per inspection   3,400 per
                                    per hour = $170.                     cycle.               inspection cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition actions specified in this AD.

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 has determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will 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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

[[Page 8749]]

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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 99-25-11, Amendment 39-11454 (64 FR 
72522, December 28, 1999); and
0
b. Adding the following new airworthiness directive:

2023-02-10 BAE Systems (Operations) Limited: Amendment 39-22317; 
Docket No. FAA-2022-1313; Project Identifier MCAI-2021-01418-T.

(a) Effective Date

    This airworthiness directive (AD) is effective March 17, 2023.

(b) Affected ADs

    This AD replaces AD 99-25-11, Amendment 39-11454 (64 FR 72522, 
December 28, 1999) (AD 99-25-11).

(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, 
without modification HCM20011A, HCM20012A, HCM20013A, HCM20313A, 
HCM20314A, or HMC20315A.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by a report of a crack found on the left-
hand sidewall well on the nose landing gear (NLG), and by the 
determination that additional airplanes are subject to the 
identified unsafe condition. We are issuing this AD to address 
cracking along the face of the retraction attachment boss in the NLG 
sidewall, which could result in premature extension of the NLG or 
result in depressurization of the airplane.

(f) Compliance

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

(g) Retained Repetitive Inspections, With New Terminating Action

    This paragraph restates the requirements of paragraph (a) of AD 
99-25-11, with new terminating action. For airplanes listed in 
British Aerospace Service Bulletin SB.53-152, dated October 8, 1998: 
Prior to the accumulation of 8,000 total flight cycles, or within 
200 flight cycles after February 1, 2000 (the effective date of AD 
99-25-11), whichever occurs later, perform an eddy current 
inspection to detect cracking along the face of the retraction 
attachment boss in the NLG sidewall, in accordance with British 
Aerospace Service Bulletin SB.53-152, dated October 8, 1998. 
Thereafter, repeat the eddy current inspection at intervals not to 
exceed 2,600 flight cycles, except as provided in paragraph (j) of 
this AD.

(h) Retained Repair, With Revised Repair Approval

    This paragraph restates the requirements of paragraph (b) of AD 
99-25-11, with revised repair approval.
    (1) If any crack is detected before the effective date of this 
AD, during any inspection required by paragraph (g) of this AD, 
prior to further flight, repair or re-inspect in accordance with a 
method approved by either the Manager, International Branch, ANM-
116, FAA, Transport Airplane Directorate; or the Civil Aviation 
Authority (or its delegated agent). For a repair method to be 
approved by the Manager, International Branch, as required by this 
paragraph, the Manager's approval letter must specifically reference 
this AD.
    (2) If any crack is detected on or after the effective date of 
this AD during any inspection required by paragraph (g) of this AD: 
Before further flight, either repair using a method approved by the 
Manager, International Validation Branch, FAA; or the U.K. Civil 
Aviation Authority (U.K. CAA); or BAE Systems (Operations) Limited's 
U.K. CAA Design Organization Approval (DOA); or do the replacement 
specified in paragraph (i) of this AD. If approved by the DOA, the 
approval must include the DOA-authorized signature.

(i) New Requirements: Repetitive Inspections and Corrective Actions

    (1) For all airplanes: Before the accumulation of 7,375 total 
flight cycles, or within 625 flight cycles after the effective date 
of this AD, or within 2,600 flight cycles since the most recent 
inspection required by paragraph (g) of this AD, whichever occurs 
latest, do an eddy current inspection for cracking in the bore and 
along the face of the retraction jack attachment boss in the left-
hand NLG sidewall, in accordance with the Accomplishment 
Instructions of BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-152, Revision 8, dated February 19, 2018. Before 
further flight, repair or replace any cracked sidewall, as 
applicable, in accordance with BAE Systems (Operations) Limited 
Inspection Service Bulletin ISB.53-152, Revision 8, dated February 
19, 2018. Repeat the inspection thereafter at intervals not to 
exceed 6,700 flight cycles, except as provided in paragraphs 
(i)(1)(i) and (ii) of this AD.
    (i) For airplanes on which a repair identified for Option A, D, 
or E in Table 1 of BAE Systems (Operations) Limited Inspection 
Service Bulletin ISB.53-152, Revision 8, dated February 19, 2018, 
has been done: Inspect within 20,000 flight cycles after the repair, 
and repeat thereafter at intervals not to exceed 4,000 flight 
cycles.
    (ii) For airplanes on which the replacement with part number 
HC537L0002-000, -002, or -004 identified in Option F in Table 1 of 
BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53-
52, Revision 8, dated February 19, 2018, has been done: Inspect 
within 20,000 flight cycles after the repair, and repeat thereafter 
at intervals not to exceed 4,000 flight cycles.
    (2) For airplanes on which re-inspection of cracks was allowed 
as specified in paragraph (h)(1) of this AD: Within 2,600 flight 
cycles after the most recent inspection required by paragraph (g) of 
this AD, repair or replace any cracked sidewall, as applicable, in 
accordance with BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-152, Revision 8, dated February 19, 2018.

(j) Terminating Action

    (1) Accomplishment of the initial inspection and applicable 
corrective actions required by paragraph (i) of this AD terminates 
the repetitive inspection requirements of paragraph (g) of this AD.
    (2) Accomplishment of the action identified for Option B or C in 
Table 1 of BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-152, Revision 8, dated February 19, 2018, terminates 
the repetitive inspection requirements of paragraphs (g) and (i)(1) 
of this AD.
    (3) Accomplishment of the replacement with part number 
HC537L0002-006 identified for Option F in Table 1 of BAE Systems 
(Operations) Limited Inspection Service Bulletin ISB.53-152, 
Revision 8, dated February 19, 2018, terminates the repetitive 
inspection requirements of paragraphs (g) and (i)(1) of this AD.

(k) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by 
paragraphs (i) and (j)(2) of this AD, if those actions were 
performed before the effective date of this AD using the service 
information identified in paragraphs (k)(1)(i) and (ii) of this AD.
    (i) BAE Systems (Operations) Limited Inspection Service Bulletin 
ISB.53-152, Revision 6, dated March 5, 2014.
    (ii) BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-152, Revision 7, dated May 7, 2014.
    (2) This paragraph provides credit for the actions required by 
paragraph (j)(3) of this AD, if those actions were performed before 
the effective date of this AD using the service information 
identified in paragraphs (k)(2)(i) and (ii) of this AD, provided the 
sidewall replacement for Option F was part number HC537L0002-006.
    (i) BAE Systems (Operations) Limited Inspection Service Bulletin 
ISB.53-152, Revision 6, dated March 5, 2014.
    (ii) BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-152, Revision 7, dated May 7, 2014.

(l) No Reporting Requirement

    Although BAE Systems (Operations) Limited Inspection Service 
Bulletin ISB.53-152, Revision 8, dated February 19, 2018, specifies 
to submit certain information to the manufacturer, this AD does not 
include that requirement.

[[Page 8750]]

(m) Other FAA AD Provisions

    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
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 International 
Validation Branch, send it to the attention of the person identified 
in paragraph (n)(2) of this AD. 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 responsible Flight Standards Office.
    (2) Contacting the Manufacturer: As of the effective date of 
this AD, for any requirement in this AD to obtain instructions from 
a manufacturer, the instructions must be accomplished using a method 
approved by the Manager, International Validation Branch, FAA; or 
the U.K. CAA; or BAE Systems (Operations) Limited's U.K. CAA DOA. If 
approved by the DOA, the approval must include the DOA-authorized 
signature.

(n) Additional Information

    (1) Refer to Civil Aviation Authority (United Kingdom) AD G-
2021-0016, dated December 17, 2021, for related information. This 
U.K. CAA AD may be found in the AD docket at regulations.gov under 
Docket No. FAA-2022-1313.
    (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; phone: 
(206) 231-3228; email: [email protected].
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (o)(5) and (6) of this AD.

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on 
March 17, 2023.
    (i) BAE Systems (Operations) Limited Inspection Service Bulletin 
ISB.53-152, Revision 8, dated February 19, 2018.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
February 1, 2000 (64 FR 72522, December 28, 1999).
    (i) British Aerospace Service Bulletin SB.53-152, dated October 
8, 1998.
    (ii) [Reserved]
    (5) For service information identified in this AD, contact BAE 
Systems (Operations) Limited, Customer Information Department, 
Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United 
Kingdom; phone: +44 1292 675207; fax: +44 1292 675704; email: 
[email protected]; website regional-services.com.
    (6) You may view this service information at 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.
    (7) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 24, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-02783 Filed 2-9-23; 8:45 am]
BILLING CODE 4910-13-P


