[Federal Register Volume 64, Number 219 (Monday, November 15, 1999)]
[Rules and Regulations]
[Pages 61782-61784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29055]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-70-AD; Amendment 39-11407; AD 99-23-11]
RIN 2120-AA64


Airworthiness Directives; British Aerospace Model BAe 146 and 
Avro 146-RJ Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain British Aerospace Model BAe 146 and Avro 146-RJ 
series airplanes, that requires 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 amendment is prompted by issuance of mandatory 
continuing airworthiness information by a foreign civil airworthiness 
authority. The actions specified by this 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: Effective December 20, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 20, 1999.

ADDRESSES: The service information referenced in this AD may be 
obtained from British Aerospace Regional Aircraft American Support, 
13850 Mclearen Road, Herndon, Virginia 20171. This information may be 
examined at the Federal Aviation Administration (FAA), Transport 
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, 
Washington; or at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.

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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain British Aerospace Model 
BAe 146 and Avro 146-RJ series airplanes was published in the Federal 
Register on August 12, 1999 (64 FR 43955). That action proposed to 
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.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Request To Change the Repetitive Inspection Interval

    One commenter, the manufacturer, states that the repetitive 
inspection interval required by paragraph (a) of the proposed AD is not 
consistent with the interval described in the service bulletin. The 
service bulletin indicates that the interval should be at each ``C'' 
check, which the manufacturer has confirmed to be at 4,000 flight 
cycles, or within 2 years, whichever occurs first.
    The FAA infers that the commenter is requesting that the inspection 
interval be revised to correspond to ``C'' check intervals. The FAA 
concurs. It was the FAA's intention to require repetitive inspections 
at an interval corresponding to the majority of operators' scheduled 
``C'' checks. The interval in the proposed AD was erroneously stated as 
3,000 flight hours. Based on the information provided by the 
manufacturer, the FAA has revised the repetitive inspection interval in 
paragraph (a) of the final rule to specify an inspection interval of 
4,000 flight cycles, or within 2 years, whichever occurs first.

Request To Change the Cost Impact

    The commenter estimates that there are 45 U.S.-registered airplanes 
affected by this AD. In the notice of proposed rulemaking, the FAA had 
estimated that 20 airplanes were affected.
    The FAA concurs and has changed the cost impact paragraph in the 
final rule to indicate that 45 airplanes are affected by this AD.

[[Page 61783]]

Request To Change Service Information Address

    The commenter states that the address used to obtain service 
information has been changed from AI(R) American Support to British 
Aerospace Regional Aircraft American Support. The remainder of the 
address is unchanged: 13850 Mclearen Road, Herndon, Virginia 20171.
    The FAA concurs and has changed the final rule to indicate the new 
address.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes described 
previously. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    The FAA estimates that 45 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 1 work hour per 
airplane to accomplish the required actions, and that the average labor 
rate is $60 per work hour. Based on these figures, the cost impact of 
the AD on U.S. operators is estimated to be $2,700, 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 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 adopted herein will 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 final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends 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:

99-23-07  British Aerospace Regional Aircraft (Formerly British
    Aerospace Regional Aircraft Limited, Avro International Aerospace 
Division; British Aerospace, PLC; British Aerospace Commercial Aircraft 
Limited): Amendment 39-11407. 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 4,000 flight cycles or 2 years, whichever 
occurs first, 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 4,000 flight cycles or 2 years, whichever 
occurs first, 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 visual 
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.

Incorporation by Reference

    (e) The actions shall be done in accordance with British 
Aerospace Service

[[Page 61784]]

    Bulletin SB.26-44, dated February 25, 1999. This incorporation 
by reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from British Aerospace Regional Aircraft American Support, 
13850 Mclearen Road, Herndon, Virginia 20171. Copies may be 
inspected at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

    Note 4: The subject of this AD is addressed in British 
airworthiness directive 009-02-99.

    (f) This amendment becomes effective on December 20, 1999.

    Issued in Renton, Washington, on November 1, 1999.
Vi L. Lipski,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-29055 Filed 11-12-99; 8:45 am]
BILLING CODE 4910-13-P