[Federal Register Volume 64, Number 162 (Monday, August 23, 1999)]
[Proposed Rules]
[Pages 45925-45927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21845]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-19-AD]
RIN 2120-AA64


Airworthiness Directives; British Aerospace BAe Model ATP 
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 BAe 
Model ATP airplanes. This proposal would require repetitive inspections 
to detect chafing on the fuel manifold drain hose and the adjacent 
access panel; and corrective actions, if necessary; and installation of 
a protective spiral wrap on the fuel manifold drain hose. This proposal 
also would provide for an optional terminating action for the 
repetitive inspections. This proposal is prompted by reports of chafing 
between the fuel manifold drain hose and the access panel due to 
contact between the two components over time. The actions specified by 
the proposed AD are intended to prevent chafing within the engine 
nacelle, which could result in flammable fluid leaking into a zone that 
contains ignition sources.

DATES: Comments must be received by September 22, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-19-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 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-19-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-19-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 BAe Model ATP 
airplanes. The CAA advises that it has received reports indicating that 
chafing was found between the fuel manifold drain hose and an access

[[Page 45926]]

panel. Over time, this chafing can result in damage to the access panel 
which would compromise the sealing of a designated fire zone and damage 
the drain hose, which could result in fuel leaking into a designated 
fire zone. The chafing has been attributed to the design of the fuel 
manifold drain hose; its routing allows for contact with the access 
panel. This condition, if not corrected, could result in flammable 
fluid leaking into a zone that contains ignition sources.

Explanation of Relevant Service Information

    British Aerospace has issued Alert Service Bulletin ATP-A71-14, 
dated November 4, 1998, which describes procedures for repetitive 
inspections to detect chafing on the fuel manifold drain hose and the 
adjacent access panel; and corrective actions, if necessary. The 
corrective actions involve replacement of the fuel manifold drain hose 
with the same hose design and repair of the access panel. The service 
bulletin also describes procedures for installation of a protective 
spiral binding on the drain hose. The CAA classified this service 
bulletin as mandatory in order to assure the continued airworthiness of 
these airplanes in the United Kingdom.
    British Aerospace also has issued Service Bulletin ATP-71-15, dated 
December 11, 1998, which describes procedures for replacement of the 
fuel manifold drain hose with a new, improved hose. This optional 
replacement would eliminate the need for the repetitive inspections.
    Accomplishment of the actions specified in these service bulletins 
is intended to adequately address the identified unsafe condition.

FAA's Conclusions

    This airplane model is manufactured in the United Kingdom and is 
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 Alert Service Bulletin ATP-71-14 described 
previously. The proposed AD also would provide for an 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 chafing before it represents a hazard to the airplane.

Cost Impact

    The FAA estimates that 10 airplanes of U.S. registry would be 
affected by this proposed AD.
    It would take approximately 2 work hours per airplane to accomplish 
the proposed inspection on the fuel manifold drain hose and access 
panel, at an average labor rate of $60 per work hour. Based on these 
figures, the cost impact of the inspection proposed by this AD on U.S. 
operators is estimated to be $1,200, or $120 per airplane, per 
inspection cycle.
    It would take approximately 1 work hour per airplane to accomplish 
the proposed installation of the spiral wrap on the fuel manifold drain 
hose, at an average labor rate of $60 per work hour. Required parts 
would cost approximately $10 per airplane. Based on these figures, the 
cost impact of the inspections proposed by this AD on U.S. operators is 
estimated to be $700, or $70 per airplane.
    The cost impact figures discussed above are 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.
    Should an operator elect to accomplish the optional terminating 
option rather than continue the repetitive inspections, it would take 
approximately 7 work hours per airplane to accomplish the optional 
terminating action, at an average labor rate of $60 per work hour. 
Required parts will cost approximately $1,600 (pre-modification 35215A) 
or $2,400 (post-modification 35215A) per airplane. Based on these 
figures, the cost impact of this optional terminating action is 
estimated to be $2,020 (pre-modification 35215A) or $2,820 (post-
modification 35215A) per airplane.

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.

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 Jetstream Aircraft 
Limited; British Aerospace (Commercial Aircraft) Limited]: Docket 
99-NM-19-AD.

    Applicability: BAe Model ATP airplanes, except those airplanes 
on which British

[[Page 45927]]

Aerospace Modification 10455A or 10455B (reference British Aerospace 
Service Bulletin ATP-71-15, dated December 11, 1998) 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 chafing within the engine nacelle, which could result 
in flammable fluid leaking into a zone that contains ignition 
sources, accomplish the following:

Repetitive Inspections and Corrective Actions

    (a) Prior to the accumulation of 3,000 total flight hours, or 
within 1 month after the effective date of this AD, whichever occurs 
later, perform the actions required in paragraphs (a)(1), (a)(2), 
and (a)(3) of this AD in accordance with British Aerospace Alert 
Service Bulletin ATP-A71-14, dated November 4, 1998. Thereafter, 
repeat the inspections required by paragraphs (a)(1) and (a)(2) of 
this AD at intervals not to exceed 1,500 flight hours, until 
accomplishment of the actions specified in paragraph (b) of this AD.
    (1) Perform an inspection of the access panel, part number (P/N) 
JD713J0037-000, to detect chafe damage. If any chafe damage is 
detected, repair the access panel in accordance with the service 
bulletin at the time specified in paragraph (a)(1)(i), (a)(1)(ii), 
or (a)(1)(iii), of this AD, as applicable.
    (i) If the damage has reduced the skin thickness by 10 percent 
or less: Repair within 600 flight hours.
    (ii) If the damage has reduced the thickness of the skin by more 
than 10 percent, but less than 20 percent: Repair within 100 flight 
hours.
    (iii) If the damage has reduced the thickness of the skin by 
more than 20 percent: Repair prior to further flight.
    (2) Perform an inspection of the fuel manifold drain hose, P/N 
JD007J0983-000 (C37351), to detect chafe damage. If any chafe damage 
is detected, either replace the fuel manifold drain hose with a new 
fuel manifold drain hose, P/N JD007J0983-000, in accordance with the 
service bulletin at the time specified in paragraph (a)(2)(i), 
(a)(2)(ii), or (a)(2)(iii) of this AD, as applicable; or accomplish 
the replacement specified in paragraph (b) of this AD. Replacement 
of the fuel manifold drain in accordance with paragraph (b) of this 
AD constitutes terminating action for the repetitive inspections 
required by this AD.
    (i) If there are signs of worn or polished strands in the outer 
braid, but no strand is broken: Replace within 1,500 flight hours.
    (ii) If five or less strands are broken: Replace within 300 
flight hours.
    (iii) If more than five strands are broken or any sign of fuel 
leakage exists: Replace prior to further flight.
    (3) Install a protective spiral binding, P/N EFWRAP-125, on the 
fuel manifold drain hose.

Optional Terminating Action

    (b) Replacement of the fuel manifold drain hose, P/N JD007J0983-
000 (C37351), with a new, improved drain hose, P/N JD007J2377-000 
(C44311), in accordance with British Aerospace Service Bulletin ATP-
71-15, dated December 11, 1998, 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.

    Note 2: 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.

    Issued in Renton, Washington, on August 17, 1999.
D. L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-21845 Filed 8-20-99; 8:45 am]
BILLING CODE 4910-13-P