[Federal Register Volume 70, Number 179 (Friday, September 16, 2005)]
[Proposed Rules]
[Pages 54671-54674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18402]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22427; Directorate Identifier 2004-NM-263-AD]
RIN 2120-AA64


Airworthiness Directives; British Aerospace Model BAC 1-11 200 
and 400 Series Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all British Aerospace Model BAC 1-11 200 and 400 series airplanes. 
This proposed AD would require revising the airplane flight manual 
(AFM) to contain applicable AFM amendments, which advise the flightcrew 
of information pertaining to safely operating the fuel system. The 
proposed AD would also require revising the FAA-approved maintenance 
program to include certain repetitive maintenance tasks intended to 
improve the safety of the fuel system. This proposed AD results from 
fuel system reviews conducted by the manufacturer. We are proposing 
this AD to prevent potential ignition sources inside the fuel system, 
which, in combination with flammable fuel vapors, could result in a 
fuel tank explosion and consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by October 17, 
2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
    <bullet> Fax: (202) 493-2251.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    Contact British Aerospace, Service Support, Airbus Limited, P.O. 
Box 77, Bristol BS99 7AR, England, for service information identified 
in this proposed AD.

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

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Include the docket number 
``Docket No. FAA-2005-22427; Directorate Identifier 2004-NM-263-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of the 
proposed AD. We will consider all comments received by the closing date 
and may amend the proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You may

[[Page 54672]]

review the DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477-78), or you may visit http://dms.dot.gov.

Examining the Docket

    You may 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 DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

Discussion

    The FAA has examined the underlying safety issues involved in 
recent fuel tank explosions on several large transport airplanes, 
including the adequacy of existing regulations, the service history of 
airplanes subject to those regulations, and existing maintenance 
practices for fuel tank systems. As a result of those findings, we 
issued a regulation titled ``Transport Airplane Fuel Tank System Design 
Review, Flammability Reduction and Maintenance and Inspection 
Requirements'' (67 FR 23085, May 7, 2001). In addition to new 
airworthiness standards for transport airplanes and new maintenance 
requirements, this rule included Special Federal Aviation Regulation 
No. 88 (``SFAR 88,'' Amendment 21-78, and subsequent Amendments 21-82 
and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e., 
type certificate (TC) and supplemental type certificate (STC)) holders 
to substantiate that their fuel tank systems can prevent ignition 
sources in the fuel tanks. This requirement applies to type design 
holders for large turbine-powered transport airplanes and for 
subsequent modifications to those airplanes. It requires them to 
perform design reviews and to develop design changes and maintenance 
procedures if their designs do not meet the new fuel tank safety 
standards. As explained in the preamble to the rule, we intended to 
adopt airworthiness directives to mandate any changes found necessary 
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four 
criteria intended to define the unsafe conditions associated with fuel 
tank systems that require corrective actions. The percentage of 
operating time during which fuel tanks are exposed to flammable 
conditions is one of these criteria. The other three criteria address 
the failure types under evaluation: single failures, single failures in 
combination with another latent condition(s), and in-service failure 
experience. For all four criteria, the evaluations included 
consideration of previous actions taken that may mitigate the need for 
further action.
    The Joint Aviation Authorities (JAA) has issued a regulation that 
is similar to SFAR 88. (The JAA is an associated body of the European 
Civil Aviation Conference (ECAC) representing the civil aviation 
regulatory authorities of a number of European States who have agreed 
to co-operate in developing and implementing common safety regulatory 
standards and procedures.) Under this regulation, the JAA stated that 
all members of the ECAC that hold type certificates for transport 
category airplanes are required to conduct a design review against 
explosion risks.
    We have determined that the actions identified in this proposed AD 
are necessary to reduce the potential of ignition sources inside fuel 
tanks, which, in combination with flammable fuel vapors, could result 
in fuel tank explosions and consequent loss of the airplane.
    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom, notified us that an unsafe condition 
may exist on all British Aerospace Model BAC 1-11 200 and 400 series 
airplanes. The CAA advises that specific changes to operating 
procedures are necessary to ensure that the flightcrew is aware of 
appropriate procedures for addressing tripped circuit breakers or dry 
fuel tanks. Failure to follow appropriate procedures could introduce a 
possible ignition source into the fuel system. The CAA also advises 
that changes to the maintenance program are needed to prevent the 
possibility of ignition sources inside the fuel system. An ignition 
source inside the fuel system, in combination with flammable fuel 
vapors, could result in a fuel tank explosion and consequent loss of 
the airplane.

Relevant Service Information

    The manufacturer has issued Airbus UK BAC One-Eleven Alert Service 
Bulletin 28-A-PM6057, Issue 1, dated May 10, 2004. The service bulletin 
describes procedures for revising the airplane flight manual (AFM) to 
contain applicable AFM amendments, which advise the flightcrew of 
information pertaining to the safety of the fuel system. Among other 
items, the AFM amendments advise the flightcrew of the following:
    <bullet> Normal procedures for checking the proper operation of 
fuel system elements.
    <bullet> Limitations on resetting tripped circuit breakers for 
electrical circuits for the fuel system, or restarting a fuel boost 
pump or transfer pump after a failure indication.
    <bullet> Procedures for removing power from affected components in 
the event of an indication of an electrical fault in the fuel system.
    <bullet> Procedures for operating the fuel pumps in a low-fuel or 
dry condition.
    The service bulletin also contains procedures for revising the FAA-
approved maintenance program to include certain maintenance tasks 
intended to improve the safety of the fuel system. Among other items, 
the maintenance tasks include:
    <bullet> Visually inspecting the outlets of the fuel drain system 
for fuel leakage, and locating and correcting any leak.
    <bullet> Performing a functional test of the temperature indicating 
system of the cold air unit, or performing an integrity test of the 
ducting of the air conditioning bay.
    <bullet> Inspecting the drain pipes, drip trays, drip shields, and 
connectors of the fuel drain system for damage or corrosion, and for 
minimum clearance between drain pipes and adjacent structure.
    <bullet> Inspecting the fuel system drains for correct positioning 
and freedom from obstruction.
    <bullet> Pressure testing the wiring conduits for the booster pump 
in the wing tanks and for the transfer pump in the center tank.
    <bullet> Inspecting the cables, components, and ducting of the wing 
leading edge for secure mounting and connection, and for discrepancies 
including chafing, damage, corrosion, evidence of leakage, and 
obstruction, as applicable.
    <bullet> For certain airplanes, inspecting the anti-ice ducts of 
the wing leading edge for damage between ribs 4 and 5.
    <bullet> Inspecting the ducting in the air conditioning bay for 
secure duct connections.
    Table 1 of the service bulletin refers to specific chapters of the 
airplane maintenance manual (AMM) for applicable procedures for 
performing most of these inspections and tests. However, the service 
bulletin refers to British Aerospace Alert Service Bulletin 30-A-
PM5149, dated May 30, 1973; as the applicable source of service 
information for inspecting the anti-ice ducts of the wing leading edge 
for damage between ribs 4 and 5. British Aerospace Alert Service 
Bulletin 30-A-

[[Page 54673]]

PM5149 describes a visual or radiographic inspection for damage of the 
anti-ice ducts, and corrective actions, consisting of repairing or 
replacing the duct, if necessary.
    Table 1 specifies normal repetitive intervals ranging from 100 
hours to 4800 hours, depending on the task. For airplanes subject to a 
``corporate schedule,'' Table 1 specifies repetitive intervals ranging 
from every month to every 4 years, depending on the task.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. The CAA mandated 
the service information and issued British airworthiness directive G-
2004-0012, dated June 21, 2004, to ensure the continued airworthiness 
of these airplanes in the United Kingdom.

FAA's Determination and Requirements of the Proposed AD

    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. We have examined the CAA's 
findings, evaluated all pertinent information, and determined that we 
need to issue an AD for airplanes of this type design that are 
certificated for operation in the United States.
    Therefore, we are proposing this AD, which would require 
accomplishing the actions specified in the service information 
described previously, except as discussed under ``Clarification of 
Proposed AD and Maintenance Manual Temporary Revisions.''

Differences Between the Proposed AD and British Airworthiness Directive

    British airworthiness directive G-2004-0012 mandates changes to the 
master minimum equipment list (MMEL). This (FAA) AD will not mandate 
those MMEL changes because the limits imposed by the FAA-approved MMEL 
meet or exceed those mandated by the British airworthiness directive. 
We have coordinated this issue with the CAA.

Clarification of Proposed AD and Maintenance Manual Temporary Revisions 
(TRs)

    In addition to the AFM amendments described previously, Table 2 of 
British Aerospace Alert Service Bulletin 28-A-PM6057 also lists 
numerous TRs to the airplane maintenance manual. We have determined 
that these TRs were included in the service bulletin to provide 
operators with a summary of all measures taken to address current 
practices for fuel system safety. These TRs were not intended to 
address any identified unsafe condition. Therefore, this proposed AD 
would not require any action relative to these TRs. We have coordinated 
this issue with the CAA and our decision not to mandate the TRs to the 
maintenance manual is consistent with the CAA's action in British 
airworthiness directive G-2004-0012.

Clarification of Terminology

    Where Table 1 of British Aerospace Alert Service Bulletin 28-A-
PM6057 specifies a repetitive interval in ``hours,'' for the purposes 
of this AD, this means ``flight hours.''

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD.

                                                 Estimated Costs
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                                                                                             Number of
                                                        Work   Average  labor    Cost per      U.S.-      Fleet
                       Action                          hours   rate  per hour    airplane    registered    cost
                                                                                             airplanes
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AFM Revision........................................        1             $65          $65           11     $715
Maintenance Program Revision........................        1              65           65           11      715
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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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 the 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. 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 proposed 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, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The Federal Aviation Administration (FAA) amends Sec.  39.13

[[Page 54674]]

by adding the following new airworthiness directive (AD):

British Aerospace Airbus Limited: Docket No. FAA-2005-22427; 
Directorate Identifier 2004-NM-263-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by October 
17, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all British Aerospace Model BAC 1-11 200 
and 400 series airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to ensure that the flightcrew 
and maintenance personnel are advised of procedures pertaining to 
the safety of the fuel system. These procedures are needed to 
prevent potential ignition sources inside the fuel system, which, in 
combination with flammable fuel vapors, could result in a fuel tank 
explosion and consequent loss of the airplane.

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.

Airplane Flight Manual and Maintenance Program Revisions

    (f) Within 3 months after the effective date of this AD, do the 
actions specified in paragraphs (f)(1) and (f)(2) of this AD to 
improve the safety of the fuel system, in accordance with the 
Accomplishment Instructions of Airbus UK BAC One-Eleven Alert 
Service Bulletin 28-A-PM6057, Issue 1, dated May 10, 2004.
    (1) Revise the airplane flight manual to include the applicable 
amendments advising the flightcrew of appropriate procedures to 
check for proper operation of the fuel system, and to address 
tripped circuit breakers, failure of a fuel pump in flight, and 
operations in a low-fuel situation, as specified in Table 2 (under 
Section 4.11) of the service bulletin.

    Note 1: The actions required by paragraph (f)(1) of this AD may 
be done by inserting a copy of the applicable advance amendment 
bulletins (AABs) specified in Table 2 of Airbus UK BAC One-Eleven 
Alert Service Bulletin 28-A-PM6057, Issue 1, dated May 10, 2004, 
into the AFM. When information identical to that in the applicable 
AABs has been included in the general revisions of the AFM, the AABs 
no longer need to be inserted into the AFM.


    (2) Revise the FAA-approved maintenance program to include all 
repetitive maintenance tasks specified in Table 1 (under Section 
4.10.2.) of the service bulletin. Then, thereafter, comply with the 
requirements of these maintenance tasks at the interval specified in 
Table 1 of the service bulletin; except for airplanes that operate 
fewer than a total of 1,250 flight hours per year, accomplish the 
requirements of these maintenance tasks at the earlier of the times 
specified in columns 2 and 3 of Table 1 of the service bulletin. 
Where Table 1 of the service bulletin specifies a repetitive 
interval in ``hours,'' for the purposes of this AD, this means 
``flight hours.'' Any applicable corrective actions must be done 
before further flight.

    Note 2: After revising the maintenance program to include the 
required periodic maintenance tasks according to paragraph (f)(2) of 
this AD, operators do not need to make a maintenance log entry to 
show compliance with this AD every time those maintenance tasks are 
accomplished thereafter.

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-2004-0012, dated June 21, 
2004, also addresses the subject of this AD.

    Issued in Renton, Washington, on September 7, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-18402 Filed 9-15-05; 8:45 am]
BILLING CODE 4910-13-P