[Federal Register Volume 64, Number 155 (Thursday, August 12, 1999)]
[Proposed Rules]
[Pages 43955-43957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20894]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 99-NM-70-AD]
RIN 2120-AA64
Airworthiness Directives; British Aerospace Model BAe 146 and BAe
Avro 146-RJ Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to certain British Aerospace Model
BAe 146 and BAe Avro 146-RJ series airplanes. This proposal would
require repetitive inspections to detect signs of chafing to the fuel
feed pipe, and repair or replacement of the fuel feed pipe with a
serviceable part, if necessary; and ensuring that responder units,
electrical connector backshells, and associated wiring are undamaged
and are positioned correctly to provide maximum clearance with the fuel
pipe. This proposal is prompted by issuance of mandatory continuing
airworthiness information by a foreign civil airworthiness authority.
The actions specified by the proposed AD are intended to prevent damage
to the fuel feed pipe, which could result in fuel leaks and an
increased potential for fire on the airplane.
DATES: Comments must be received by September 13, 1999.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 99-NM-70-AD, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056. Comments may be inspected at this location
between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal
holidays.
The service information referenced in the proposed rule may be
obtained from AI(R) American Support, Inc., 13850 Mclearen Road,
Herndon, Virginia 20171. This information may be examined at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington.
FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington
[[Page 43956]]
98055-4056; telephone (425) 227-2110; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this notice may be changed in
light of the comments received.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 99-NM-70-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 99-NM-70-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Civil Aviation Authority (CAA), which is the airworthiness
authority for the United Kingdom, notified the FAA that an unsafe
condition may exist on certain British Aerospace Model BAe 146 and BAe
Avro 146-RJ series airplanes. The CAA advises that it has received
service reports of damage to the fuel feed pipe that supplies secondary
fuel flow from the fuel flow divider to the right side fuel manifold.
The CAA attributes the damage to movement of the firewall responder
unit within its restraining clamps, leading to contact between the
backshell clamps of the responder connector and the adjacent fuel pipe.
This condition, if not corrected, could result in damage to the fuel
feed pipe, which could result in fuel leaks and an increased potential
for fire on the airplane.
Explanation of Relevant Service Information
British Aerospace has issued Service Bulletin SB.26-44, dated
February 25, 1999, which describes procedures for repetitive detailed
inspections to detect signs of chafing of the fuel feed pipe, and
repair or replacement of the fuel feed pipe with a serviceable part, if
necessary; and procedures for ensuring that responder units, electrical
backshell connectors, and associated wiring are undamaged and are
positioned correctly to provide maximum clearance with the fuel pipe.
Accomplishment of the actions specified in the service bulletin is
intended to adequately address the identified unsafe condition. The CAA
classified this service bulletin as mandatory and issued British
airworthiness directive 009-02-99 in order to assure the continued
airworthiness of these airplanes in the United Kingdom.
British Aerospace has also issued Service Bulletin SB.26-44-01638A,
dated February 25, 1999, which describes procedures for modifying the
airplane to improve the responder unit clamping arrangement to prevent
chafing against the fuel pipe. This modification would eliminate the
need for the repetitive inspections.
FAA's Conclusions
These airplane models are manufactured in the United Kingdom and
are type certificated for operation in the United States under the
provisions of section 21.29 of the Federal Aviation Regulations (14 CFR
21.29) and the applicable bilateral airworthiness agreement. Pursuant
to this bilateral airworthiness agreement, the CAA has kept the FAA
informed of the situation described above. The FAA has examined the
findings of the CAA, reviewed all available information, and determined
that AD action is necessary for products of this type design that are
certificated for operation in the United States.
Explanation of Requirements of Proposed Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, the proposed AD would require accomplishment of
the actions specified in the service bulletin described previously.
This proposed AD also would provide for optional terminating action for
the repetitive inspections.
Operators should note that, in consonance with the findings of the
CAA, the FAA has determined that the repetitive inspections proposed by
this AD can be allowed to continue in lieu of accomplishment of a
terminating action. In making this determination, the FAA considers
that, in this case, long-term continued operational safety will be
adequately assured by accomplishing the repetitive inspections to
detect signs of chafing of the fuel feed pipes before it represents a
hazard to the airplane.
Cost Impact
The FAA estimates that 20 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 1 work
hour per airplane to accomplish the proposed actions, and that the
average labor rate is $60 per work hour. Based on these figures, the
cost impact of the proposed AD on U.S. operators is estimated to be
$1200, or $60 per airplane, per inspection cycle.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the proposed requirements of
this AD action, and that no operator would accomplish those actions in
the future if this AD were not adopted.
Regulatory Impact
The regulations proposed herein would not have substantial direct
effects 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. Therefore, in
accordance with Executive Order 12612, it is determined that this
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
For the reasons discussed above, I certify that 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);
and (3) if promulgated, 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. A copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
[[Page 43957]]
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (14 CFR part 39) as
follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
British Aerospace Regional Aircraft (Formerly British Aerospace
Regional Aircraft Limited, Avro International Aerospace Division;
British Aerospace, PLC; British Aerospace Commercial Aircraft
Limited): Docket 99-NM-70-AD.
Applicability: Model BAe 146 and Avro 146-RJ series airplanes,
except those on which Modification HCMO1638A (British Aerospace
Service Bulletin SB.26-44-01638A, dated February 25, 1999) has been
accomplished; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
otherwise modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (c) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent damage to the fuel feed pipe, which could result in
fuel leaks and an increased potential for fire on the airplane,
accomplish the following:
(a) Within 30 days after the effective date of this AD, perform
a detailed visual inspection of the fuel feed pipe for signs of
chafing, and ensure that responder units are undamaged and
positioned correctly in relation to clamps and that electrical
connector backshells and associated wiring are undamaged and are
oriented to provide maximum clearance with the fuel pipe; in
accordance with British Aerospace Service Bulletin SB.26-44, dated
February 25, 1999.
(1) If no chafing is detected, repeat the inspection thereafter
at intervals not to exceed 3,000 flight hours, until accomplishment
of paragraph (b) of this AD.
(2) If any sign of chafing is detected, prior to further flight,
accomplish paragraph (a)(2)(i) or (a)(2)(ii) of this AD, as
applicable, in accordance with British Aerospace Service Bulletin
SB.26-44, dated February 25, 1999. Repeat the inspection thereafter
at intervals not to exceed 3,000 flight hours, until accomplishment
of paragraph (b) of this AD.
(i) If the damage does not exceed one-half the thickness of the
fuel feed pipe wall, prior to further flight, repair the pipe.
(ii) If the damage exceeds one-half the thickness of the fuel
feed pipe wall, prior to further flight, replace the pipe with a
serviceable part.
Note 2: For the purposes of this AD, a detailed inspection is
defined as: ``An intensive visual examination of a specific
structural area, system, installation, or assembly to detect damage,
failure, or irregularity. Available lighting is normally
supplemented with a direct source of good lighting at intensity
deemed appropriate by the inspector. Inspection aids such as mirror,
magnifying lenses, etc., may be used. Surface cleaning and elaborate
access procedures may be required.''
(b) Modification of the clamping arrangement for the firewall
responder units in accordance with British Aerospace Service
Bulletin SB.26-44-01638A, dated February 25, 1999, constitutes
terminating action for the requirements of this AD.
Alternative Methods of Compliance
(c) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, International Branch, ANM-116, FAA,
Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the Manager, International
Branch, ANM-116, FAA, Transport Airplane Directorate.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the International Branch, ANM-116.
Special Flight Permits
(d) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
Note 4: The subject of this AD is addressed in British
airworthiness directive 009-02-99.
Issued in Renton, Washington, on August 6, 1999.
D. L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-20894 Filed 8-11-99; 8:45 am]
BILLING CODE 4910-13-U