[Federal Register Volume 70, Number 118 (Tuesday, June 21, 2005)]
[Rules and Regulations]
[Pages 35518-35519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12004]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20757; Directorate Identifier 2004-NM-192-AD; 
Amendment 39-14142; AD 2005-13-06]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146 and Avro 146-RJ Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ 
airplanes. This AD requires modifying the auxiliary power unit (APU) 
exhaust duct in the environmental control system (ECS) bay; installing 
new, improved insulation on this APU exhaust duct; and replacing the 
existing drain pipe with a new exhaust drain pipe blank. This AD is 
prompted by a determination that the temperature of the skin of the APU 
exhaust duct in the ECS bay is higher than the certificated maximum 
temperature for this area. We are issuing this AD to prevent the 
potential for ignition of fuel or hydraulic fluid, which could leak 
from pipes running through the ECS bay. Ignition of these flammable 
fluids could result in a fire in the ECS bay.

DATES: This AD becomes effective July 26, 2005.
    The incorporation by reference of a certain publication listed in 
the AD is approved by the Director of the Federal Register as of July 
26, 2005.

ADDRESSES: For service information identified in this AD, contact 
British Aerospace Regional Aircraft American Support, 13850 Mclearen 
Road, Herndon, Virginia 20171.
    Docket: The AD docket contains the proposed AD, comments, and any 
final disposition. You can examine the AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility 
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the U.S. 
Department of Transportation, 400 Seventh Street SW., room PL-401, 
Washington, DC. This docket number is FAA-2005-20757; the directorate 
identifier for this docket is 2004-NM-192-AD.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 
with an AD for certain BAE Systems (Operations) Limited Model BAe 146 
and Avro 146-RJ airplanes. That action, published in the Federal 
Register on March 30, 2005 (70 FR 16185), proposed to require modifying 
the auxiliary power unit (APU) exhaust duct in the environmental 
control system bay; installing new, improved insulation on this APU 
exhaust duct; and replacing the existing drain pipe with a new exhaust 
drain pipe blank.

Explanation of Change to Applicability

    We have revised the applicability of the proposed AD to identify 
model designations as published in the most recent type certificate 
data sheet for the affected models.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. No comments have been submitted on the proposed 
AD or on the determination of the cost to the public.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD with the 
change described previously. We have determined that this change will 
neither increase the economic burden on any operator nor increase the 
scope of the AD.

Costs of Compliance

    This AD will affect about 65 airplanes of U.S. registry. The 
actions will take about 1 work hour per airplane, at an average labor 
rate of $65 per work hour. Required parts will cost about $3,766 per 
airplane. Based on these figures, the estimated cost of the AD for U.S. 
operators is $249,015, or $3,831 per airplane.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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

[[Page 35519]]

    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD. See the ADDRESSES section for a location to 
examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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]

    2. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

2005-13-06 Bae Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-14142. Docket No. FAA-
2005-20757; Directorate Identifier 2004-NM-192-AD.

Effective Date

    (a) This AD becomes effective July 26, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to BAE Systems (Operations) Limited Model 
BAe 146 and Avro 146-RJ airplanes, certificated in any category, on 
which BAE Systems Modification HCM30373A, or BAE Systems 
Modification HCM30373A and HCM36166C, are installed.

Unsafe Condition

    (d) This AD was prompted by a determination that the temperature 
of the skin of the auxiliary power unit (APU) exhaust duct in the 
environmental control system (ECS) bay is higher than the 
certificated maximum temperature for this area. We are issuing this 
AD to prevent the potential for ignition of fuel or hydraulic fluid, 
which could leak from pipes running through the ECS bay. Ignition of 
these flammable fluids could result in a fire in the ECS bay.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Modification

    (f) Within 6 months after the effective date of this AD: Modify 
the APU exhaust duct in the ECS bay; install new, improved 
insulation on this APU exhaust duct; and replace the existing drain 
pipe with a new exhaust drain pipe blank; by doing all of the 
actions in the Accomplishment Instructions of BAE Systems 
(Operations) Limited Modification Service Bulletin SB.49-072-36244A, 
dated October 11, 2004. Where the Accomplishment Instructions of the 
service bulletin specify submitting an Advice Note to the 
manufacturer, this AD does not require that action.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.

Related Information

    (h) British airworthiness directive G-2004-0031, dated December 
22, 2004, also addresses the subject of this AD.

Material Incorporated by Reference

    (i) You must use BAE Systems (Operations) Limited Modification 
Service Bulletin SB.49-072-36244A, dated October 11, 2004, to 
perform the actions that are required by this AD, unless the AD 
specifies otherwise. The Director of the Federal Register approves 
the incorporation by reference of this document in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. To get copies of the service 
information, contact British Aerospace Regional Aircraft American 
Support, 13850 Mclearen Road, Herndon, Virginia 20171. To view the 
AD docket, go to the Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., room PL-401, Nassif 
Building, Washington, DC. To review copies of the service 
information, go to the National Archives and Records Administration 
(NARA). For information on the availability of this material at the 
NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on June 9, 2005.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-12004 Filed 6-20-05; 8:45 am]
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