[Federal Register Volume 69, Number 143 (Tuesday, July 27, 2004)]
[Rules and Regulations]
[Pages 44594-44595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16673]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-172-AD; Amendment 39-13739; AD 2004-15-05]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited 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 BAE Systems (Operations) Limited Model BAe 146 
and Avro 146-RJ series airplanes, that requires replacing the existing 
bellows inlet duct of the auxiliary power unit (APU) system with a new, 
improved rectangular metallic bellows inlet duct. This action is 
necessary to prevent air from the APU bay being ingested into the 
flight deck and passenger cabin resulting in poor air quality and, if 
the air is contaminated, possible incapacitation of the flightcrew and 
passengers. This action is intended to address the identified unsafe 
condition.

DATES: Effective August 31, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 31, 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 certain BAE Systems (Operations) 
Limited Model BAe 146 and Avro 146-RJ series airplanes was published in 
the Federal Register on May 27, 2004 (69 FR 30244). That action 
proposed to require replacing the existing bellows inlet duct of the 
auxiliary power unit (APU) system with a new, improved rectangular 
metallic bellows inlet duct.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

    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 actions, and that the average labor 
rate is $65 per work hour. Required parts will cost approximately 
$4,500 per airplane. Based on these figures, the cost impact of the AD 
on U.S. operators is estimated to be $250,020, or $4,630 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

[[Page 44595]]

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:

2004-15-05 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-13739. Docket 2003-NM-
172-AD.

    Applicability: Model 146 series airplanes with Modification 
HCM30027A, HCM36019A, or HCM30373A installed; and Model Avro 146-RJ 
series airplanes with Modification HCM36019A or HCM30373A installed; 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent air from the auxiliary power unit (APU) bay being 
ingested into the flight deck and passenger cabin resulting in poor 
air quality and, if the air is contaminated, possible incapacitation 
of the flightcrew and passengers, accomplish the following:

Replacement of Rubber Bellows Inlet Duct

    (a) Within 24 months or 4,000 flight cycles after the effective 
date of this AD, whichever is first: Replace the existing rubber 
bellows inlet duct and sealing configuration of the APU system, with 
a new, improved rectangular metallic bellows inlet duct, which 
incorporates an improved seal and clamp configuration, per the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Modification Service Bulletin SB.49-036-36019E, Revision 4, dated 
April 30, 2003. Although the service bulletin specifies to submit 
certain information to the manufacturer, this AD does not include 
such a requirement.

Alternative Methods of Compliance

    (b) 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

    (c) The action shall be done in accordance with BAE Systems 
(Operations) Limited Modification Service Bulletin SB.49-036-36019E, 
Revision 4, dated April 30, 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 html.

    Note 1: The subject of this AD is addressed in British 
airworthiness directive 007-04-2003.

Effective Date

    (d) This amendment becomes effective on August 31, 2004.

    Issued in Renton, Washington, on July 9, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-16673 Filed 7-26-04; 8:45 am]
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