[Federal Register Volume 69, Number 131 (Friday, July 9, 2004)]
[Rules and Regulations]
[Pages 41417-41418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15375]



[[Page 41417]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2004-NM-35-AD; Amendment 39-13713; AD 2004-14-04]
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: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all BAE Systems (Operations) Limited Model BAe 146 series 
airplanes and Model Avro 146-RJ series airplanes, that requires 
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: Effective August 13, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 13, 2004.

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 National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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 BAe 146 series airplanes and Model Avro 146-RJ series 
airplanes was published in the Federal Register on April 26, 2004 (69 
FR 22459). That action proposed to require performing a detailed 
inspection for chafing of the fuel quantity indication (FQI) system 
wiring, and any applicable corrective actions.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments have been submitted on the 
proposed AD or on the determination of the cost to the public.

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 as proposed.

Cost Impact

    The FAA estimates that 54 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 2 work hours per 
airplane to accomplish the required inspection, and that the average 
labor rate is $65 per work hour. Based on these figures, the cost 
impact of the 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 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:

2004-14-04 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-13713. 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 possible 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

[[Page 41418]]

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.

Incorporation by Reference

    (d) The actions shall be done in accordance with BAE Systems 
(Operations) Limited Inspection Service Bulletin 28-030, dated 
February 21, 2003. 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 National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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

Effective Date

    (e) This amendment becomes effective on August 13, 2004.


    Issued in Renton, Washington, on June 29, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-15375 Filed 7-8-04; 8:45 am]
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