[Federal Register Volume 69, Number 80 (Monday, April 26, 2004)]
[Proposed Rules]
[Pages 22459-22461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9381]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2004-NM-35-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146 Series Airplanes and Model 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 all BAE Systems (Operations) 
Limited Model BAe 146 series airplanes and Model Avro 146-RJ series 
airplanes. This proposal would require performing a detailed inspection 
for chafing of the fuel quantity indication (FQI) system wiring, and 
any applicable corrective actions. These actions are necessary to 
prevent possible failure of the FQI system, which could cause the 
flightcrew to act on misleading information and possibly lead to in-
flight fuel exhaustion. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by May 26, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2004-NM-35-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. 2004-NM-35-AD'' in the

[[Page 22460]]

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 or 2000 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:
     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.
     For each issue, state what specific change to 
the proposed AD is being requested.
     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 2004-NM-35-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. 2004-NM-35-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 BAe 
146 series airplanes and Model Avro 146-RJ series airplanes. The CAA 
reports that there have been occurrences of chafing of the fuel 
quantity indication (FQI) system wiring against the vertical flange 
between the p-clips that secure the FQI wiring to the wing. This 
condition, if not corrected, could result in failure of the FQI system, 
which could cause the flightcrew to act on misleading information, 
possibly leading to in-flight fuel exhaustion.

Explanation of Relevant Service Information

    BAE Systems (Operations) Limited has issued Inspection Service 
Bulletin (ISB) 28-030, dated February 21, 2003, which describes 
procedures for performing a detailed inspection of the FQI system 
wiring for chafing, and procedures for any applicable corrective 
actions. Corrective actions include replacement of p-clips with new p-
clips, installation of spiral wrapping and tie-wraps around the wiring 
loom, and replacement of wires found to show chafing beyond limits 
specified in the ISB with new wires. Accomplishment of the actions 
specified in the ISB is intended to adequately address the identified 
unsafe condition. The CAA classified this ISB as mandatory and issued 
airworthiness directive 007-02-2003, dated May 2003, to ensure the 
continued airworthiness of these airplanes in the United Kingdom.

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 ISB described previously, except as 
discussed below.

Differences Between Proposed AD and ISB

    Operators should note that, although the referenced ISB describes 
procedures for reporting inspection findings to the manufacturer, this 
proposed AD would not require that action. The FAA does not need this 
information from operators.
    The service bulletin refers to a ``visual inspection'' for chafing 
and damage to wire looms and protective wrapping. We have determined 
that the procedures in the service bulletin should be described as a 
``detailed inspection.'' Note 1 has been included in this AD to define 
this type of inspection.

Cost Impact

    The FAA estimates that 54 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 2 work 
hours per airplane to accomplish the proposed inspection, and that the 
average labor rate is $65 per work hour. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$7,020, or $130 per airplane.
    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. 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

[[Page 22461]]

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 2004-NM-35-AD.

    Applicability: All Model BAe 146 series airplanes and Model Avro 
146-RJ series airplanes, certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the fuel quantity indication (FQI) system, 
which could cause the flightcrew to act on misleading information 
and possibly lead to in-flight fuel exhaustion, accomplish the 
following:

Inspection and Corrective Actions

    (a) Within 2 months after the effective date of this AD, perform 
a detailed inspection of the wiring of the FQI system for chafing, 
and do any applicable corrective actions prior to further flight, in 
accordance with the Accomplishment Instructions of BAE Systems 
(Operations) Limited Inspection Service Bulletin 28-030, dated 
February 21, 2003.

    Note 1: 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.''

No Reporting Requirement

    (b) Although BAE Systems (Operations) Limited Inspection Service 
Bulletin 28-030, dated February 21, 2003, describes procedures for 
reporting inspection findings to the manufacturer, this AD does not 
require that action.

Alternative Methods of Compliance

    (c) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA, is authorized 
to approve alternative methods of compliance for this AD.

    Note 2: The subject of this AD is addressed in British 
airworthiness directive 007-02-2003, dated May 2003.


    Issued in Renton, Washington, on April 16, 2004.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-9381 Filed 4-23-04; 8:45 am]
BILLING CODE 4910-13-P