[Federal Register Volume 68, Number 39 (Thursday, February 27, 2003)]
[Proposed Rules]
[Pages 9032-9034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4588]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-285-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited 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 all BAE Systems (Operations) 
Limited Model ATP airplanes. This proposal would require a one-time 
inspection of the fuel pipes within the fuel ``float switch'' test 
pipelines in the left and right inner wings for evidence of damage, 
cracks, misalignment, or fuel leakage; follow-on corrective actions, if 
necessary; and repetitive replacement of the fuel pipes at regular 
intervals. This action is necessary to prevent fuel vapors from 
collecting in the dry bay of the wing torsion box and consequent risk 
of an explosion due to fuel leakage. This action is intended to address 
the identified unsafe condition.

DATES: Comments must be received by March 31, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-285-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2001-NM-285-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from British Aerospace Regional Aircraft American Support, 
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: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1175; 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 action may be changed in 
light of the comments received.
    Submit comments using the following format:
    [sbull] Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] Include justification (e.g., reasons or data) for each 
request.
    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 action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2001-NM-285-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. 2001-NM-285-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 all BAE Systems (Operations) Limited Model ATP 
airplanes. The CAA advises that it has received a report of failures of 
the fuel pipes within the ``fuel float'' test pipelines in the left and 
right inner wings due to fatigue. Leakage from these pipes allows fuel 
vapors to collect within the dry bay of the wing torsion box, which 
contains electrical equipment. This condition, if not corrected, could 
result in ignition of fuel vapors within the dry bay of the wing 
torsion box and consequent risk of an explosion.

Explanation of Relevant Service Information

    BAE Systems (Operations) Limited has issued Service Bulletin ATP-
28-019, dated March 16, 2001, which describes procedures for inspection 
of the fuel pipes within the fuel ``float switch'' test pipelines in 
the left and right inner wings for evidence of damage, cracks, 
misalignment, or fuel leakage; and replacement of any discrepant fuel 
pipe with a new or serviceable pipe.
    BAE Systems (Operations) Limited has also issued Service Bulletin 
ATP-28-020, dated January 25, 2002, which describes procedures for a 
records check to determine the accumulation of time on the fuel pipes 
within the fuel ``float switch'' test pipelines, and replacement of 
those pipes upon reaching their maximum safe-life limit. This service 
bulletin also recommends that operators

[[Page 9033]]

submit findings of damaged pipes to BAE Systems (Operations) Limited 
following replacement of those damaged pipes.
    Accomplishment of the actions specified in these service bulletins 
is intended to adequately address the identified unsafe condition.
    The CAA classified these service bulletins as mandatory and issued 
British airworthiness directives 003-03-2001 and 008-01-2002 in order 
to assure the continued airworthiness of these airplanes in the United 
Kingdom.

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 the service bulletins described previously, 
except as discussed below.

Differences Between Proposed AD, British AD, and Service Bulletin

    Operators should note that, although this proposed AD would require 
that the actions be accomplished within 90 days after the effective 
date of this AD, the British AD and BAE Systems (Operations) Limited 
Service Bulletin ATP-28-020 do not recommend a compliance time for the 
proposed records check. In developing an appropriate compliance time 
for this proposed action, we considered the degree of urgency 
associated with addressing the subject unsafe condition, the average 
utilization of the affected fleet, and the time necessary to perform 
the check (less than one hour). In light of all of these factors, we 
find a 90-day compliance time for completing the proposed records check 
to be warranted, in that it represents an appropriate interval of time 
allowable for affected airplanes to continue to operate without 
compromising safety.
    Although BAE Systems (Operations) Limited Service Bulletin ATP-28-
020 recommends operators report findings to the manufacturer after 
replacement of damaged pipes, this AD does not include such a reporting 
requirement.

Cost Impact

    The FAA estimates that 3 Model ATP airplanes of U.S. registry would 
be affected by this proposed AD.
    It would take approximately 6 work hours per airplane to accomplish 
the proposed inspection, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of the proposed inspection on 
U.S. operators is estimated to be $1,080, or $360 per airplane.
    It would take approximately 1 work hour per airplane to accomplish 
the proposed records check, at an average labor rate of $60 per work 
hour. Based on these figures, the cost impact of the proposed records 
check on U.S. operators is estimated to be $180, or $60 per airplane.
    It would take approximately 5 work hours per airplane to accomplish 
the proposed replacement, at an average labor rate of $60 per work 
hour. Required parts would be provided by the manufacturer at no cost 
to the operators. Based on these figures, the cost impact of the 
proposed replacement on U.S. operators is estimated to be $900, or $300 
per airplane, per replacement cycle.
    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. The cost impact figures 
discussed in AD rulemaking actions represent only the time necessary to 
perform the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations proposed herein 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    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:

BAE Systems (Operations) Limited (Formerly British Aerospace 
Regional Aircraft): Docket 2001-NM-285-AD.

    Applicability: All Model ATP airplanes, certificated in any 
category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
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 (d) 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 fuel vapors from collecting in the dry bay of the 
wing torsion box and consequent risk of an explosion due to fuel 
leakage, accomplish the following:

[[Page 9034]]

Inspection and Records Check

    (a) Within 90 days after the effective date of this AD, do the 
actions specified in paragraphs (a)(1) and (a)(2) of this AD.
    (1) Do a general visual inspection of the fuel pipes within the 
fuel ``float switch'' test pipelines in the left and right inner 
wings for evidence of damage, cracks, misalignment, or fuel leakage; 
per BAE Systems (Operations) Limited Service Bulletin ATP-28-019, 
dated March 16, 2001.

    Note 2: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

    (2) Perform a check of the airplane records to determine the 
actual time on the fuel pipes within the ``float switch'' test 
pipelines, per BAE Systems (Operations) Limited Service Bulletin 
ATP-28-020, dated January 25, 2002. This records check may be 
performed either by the cockpit flight crew or by certificated 
maintenance personnel.

Repetitive Replacement

    (b) If no damage, crack, misalignment, or fuel leakage is found 
during the inspection required by paragraph (a)(1) of this AD, prior 
to further flight, reinstall the fuel pipes within the ``float 
switch'' test pipelines per BAE Systems (Operations) Limited Service 
Bulletin ATP-28-020, dated January 25, 2002. Thereafter, replace 
those pipes with new pipes at the applicable times specified in 
paragraph (b)(1) or (b)(2) of this AD per the service bulletin.
    (1) For fuel pipes that, as of the effective date of this AD, 
have accumulated less than 10,000 total flight hours or 12,000 total 
landings since the date of installation on the airplane: Do the 
replacement prior to the accumulation of 10,000 total flight hours 
or 12,000 total landings on the pipes since the date of 
installation, or within 10 months after the effective date of this 
AD, whichever occurs latest. Thereafter, replace the fuel pipes with 
new pipes at intervals not to exceed 10,000 total flight hours or 
12,000 total landings on the pipes, whichever occurs first. 
Replacement of the fuel pipes with serviceable pipes instead of new 
pipes is acceptable for compliance with the requirements of this 
paragraph, provided that: The total number of flight hours or total 
number of landings on those pipes can be verified, they have not 
accumulated 10,000 or more total flight hours or 12,000 or more 
total landings at the time of installation, and they are replaced 
prior to the accumulation of 10,000 total flight hours or 12,000 
total landings (on the pipes).
    (2) For fuel pipes that, as of the effective date of this AD, 
have accumulated 10,000 or more total flight hours or 12,000 or more 
total landings since the date of installation on the airplane: Do 
the replacement within 10 months after the effective date of this 
AD. Thereafter, replace the fuel pipes at intervals not to exceed 
10,000 total flight hours or 12,000 total landings on the pipes, 
whichever occurs first. Replacement of the fuel pipes with 
serviceable pipes instead of new pipes is acceptable for compliance 
with the requirements of this paragraph, provided that: The total 
number of flight hours or total number of landings on those pipes 
can be verified, they have not accumulated 10,000 or more total 
flight hours or 12,000 or more total landings at the time of 
installation, and they are replaced prior to the accumulation of 
10,000 total flight hours or 12,000 total landings (on the pipes).
    (c) If any damage, crack, misalignment, or fuel leakage is found 
during the inspection required by paragraph (a)(1) of this AD, prior 
to further flight, replace the fuel pipes with new pipes, per BAE 
Systems (Operations) Limited Service Bulletin ATP-28-020, dated 
January 25, 2002. Before or upon the accumulation of 10,000 total 
flight hours or 12,000 total landings on the pipes, whichever occurs 
first, after the replacement required by this paragraph, replace the 
fuel pipes with new pipes. Thereafter, replace the fuel pipes at 
intervals not to exceed the accumulation of 10,000 total flight 
hours or 12,000 total landings on the pipes, whichever occurs first. 
Replacement of the fuel pipes with serviceable pipes instead of new 
pipes is acceptable for compliance with the requirements of this 
paragraph, provided that: The total number of flight hours or total 
number of landings on those pipes can be verified, they have not 
accumulated 10,000 or more total flight hours or 12,000 or more 
total landings at the time of installation, and they are replaced 
prior to the accumulation of 10,000 total flight hours or 12,000 
total landings (on the pipes).

Alternative Methods of Compliance

    (d) 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, 
Transport Airplane Directorate, FAA. 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 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

    (e) 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 directives 003-03-2001 and 008-01-2002.


    Issued in Renton, Washington, on February 20, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-4588 Filed 2-26-03; 8:45 am]
BILLING CODE 4910-13-P