[Federal Register Volume 68, Number 103 (Thursday, May 29, 2003)]
[Rules and Regulations]
[Pages 31960-31962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13119]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-285-AD; Amendment 39-13165; AD 2003-11-06]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
ATP Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all BAE Systems (Operations) Limited Model ATP airplanes, 
that requires 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: Effective July 3, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 3, 2003.

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: 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: 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 all BAE Systems (Operations) 
Limited Model ATP airplanes was published in the Federal Register on 
February 27, 2003 (68 FR 9032). That action proposed to 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.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposed AD.

Conclusion

    After careful review of the available data, the FAA has determined 
that air safety and the public interest require the adoption of the 
rule as proposed.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. However, for clarity and consistency in this final rule, we 
have retained the language of the proposed AD regarding that material.

Cost Impact

    The FAA estimates that 3 airplanes of U.S. registry will be 
affected by this AD.
    It will take approximately 6 work hours per airplane to accomplish 
the

[[Page 31961]]

inspection, at an average labor rate of $60 per work hour. Based on 
these figures, the cost impact of the inspection on U.S. operators is 
estimated to be $1,080, or $360 per airplane.
    It will take approximately 1 work hour per airplane to accomplish 
the records check, at an average labor rate of $60 per work hour. Based 
on these figures, the cost impact of the records check on U.S. 
operators is estimated to be $180, or $60 per airplane.
    It will take approximately 5 work hours per airplane to accomplish 
the replacement, at an average labor rate of $60 per work hour. 
Required parts will be provided by the manufacturer at no cost to the 
operators. Based on these figures, the cost impact of the 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 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 adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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

0
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

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. Section 39.13 is amended by adding the following new airworthiness 
directive:

2003-11-06 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-13165. 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:

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

[[Page 31962]]

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.

Incorporation by Reference

    (f) The actions must be done in accordance with BAE Systems 
(Operations) Limited Service Bulletin ATP-28-019, dated March 16, 
2001; and BAE Systems (Operations) Limited Service Bulletin ATP-28-
020, dated January 25, 2002. 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 directives 003-03-2001 and 008-01-2002.

Effective Date

    (g) This amendment becomes effective on July 3, 2003.

    Issued in Renton, Washington, on May 20, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-13119 Filed 5-28-03; 8:45 am]
BILLING CODE 4910-13-P