[Federal Register Volume 70, Number 186 (Tuesday, September 27, 2005)]
[Rules and Regulations]
[Pages 56347-56349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18909]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22482; Directorate Identifier 2003-NM-009-AD; 
Amendment 39-14291; AD 2005-19-26]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
ATP Airplanes and Model HS 748 Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
BAE Systems (Operations) Limited Model ATP airplanes and Model HS 748 
airplanes. This AD requires doing a detailed inspection of the drain 
pipes of the fuel cross feed system and certain electrical cables for 
chafe damage; doing an inspection to determine the clearance between 
the cable loom and the cross feed drain pipe; and doing corrective 
actions if necessary. This AD results from a fire in the dry area of 
the wing due to severe chafe damage between an electrical cable and the 
fuel cross feed drain pipe. We are issuing this AD to prevent chafe 
damage of the electrical cable and fuel cross feed drain pipe that 
could lead to fuel leakage from the drain pipe and an ignition source 
from the electrical cable, which could result in a fire in the dry area 
of the airplane wing.

DATES: This AD becomes effective October 12, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of October 12, 
2005.
    We must receive comments on this AD by November 28, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this 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 Regional Aircraft American Support, 13850 
Mclearen Road, Herndon, Virginia 20171, for service information 
identified in this 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:

Discussion

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom, notified us that an unsafe condition 
may exist on all BAE Systems (Operations) Limited Model ATP airplanes 
and Model HS 748 airplanes. The CAA advises that an operator reported 
finding a fire in the dry area of the wing on a Model ATP airplane 
before takeoff. Severe chafe damage between an electrical cable and the 
drain pipe of the fuel cross feed system caused a small leakage of fuel 
from the drain pipe. Electrical sparks from the damaged electrical 
cable most likely ignited the fuel leakage. Chafe damage of the 
electrical cable and fuel cross feed drain pipe, if not prevented, 
could result in a fire in the dry area of the airplane wing.
    The fuel cross feed pipe drain on certain Model ATP airplanes is 
identical to those on the affected Model HS 748 airplanes. Therefore, 
all of these models may be subject to the same unsafe condition.

Relevant Service Information

    BAE Systems (Operations) Limited has issued Alert Service Bulletin 
ATP-

[[Page 56348]]

A28-021, Revision 1, dated September 26, 2002 (for Model ATP 
airplanes); and Alert Service Bulletin HS748-A28-44, dated September 
26, 2002 (for Model HS 748 airplanes). The service bulletins describe 
procedures for accomplishing the following actions:
    <bullet> Inspecting the cross feed drain pipe of the left and right 
wings between the fuel drain valve and the cross feed drain pipe for 
chafe damage, and doing the corrective action if necessary. The 
corrective action is replacing the cross feed drain pipe with a new 
drain pipe if material is lost from the wall thickness. If a 
replacement drain pipe is unavailable, the corrective action is 
removing the drain pipe and blanking the cross feed stub pipe.
    <bullet> Inspecting the electrical cables on the terminal block of 
the left and right wings for chafe damage, and doing corrective actions 
if necessary. The corrective action is to replace the electrical wire 
with new electrical wire, if insulation has been lost; and to replace 
any damaged protective convoluted or spiral tubing with new tubing.
    <bullet> Checking the clearance between the cable loom and the 
cross feed drain pipe on the left and right wings, and doing corrective 
actions if necessary. The corrective action is re-routing the cable 
loom for adequate clearance of the cross feed drain pipe.
    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 directives 
001-09-2002 and 002-09-2002 to ensure the continued airworthiness of 
these airplanes in the United Kingdom.

FAA's Determination and Requirements of This AD

    These airplane models 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 products of this type design that are 
certificated for operation in the United States.
    Therefore, we are issuing this AD to prevent chafe damage of the 
electrical cable and fuel cross feed drain pipe that could lead to fuel 
leakage from the drain pipe and an ignition source from the electrical 
cable, which could result in a fire in the dry area of the airplane 
wing. This AD requires accomplishing the actions specified in the 
service information described previously.

Costs of Compliance

    None of the airplanes affected by this action are on the U.S. 
Register. All airplanes affected by this AD are currently operated by 
non-U.S. operators under foreign registry; therefore, they are not 
directly affected by this AD action. However, we consider this AD 
necessary to ensure that the unsafe condition is addressed if any 
affected airplane is imported and placed on the U.S. Register in the 
future.
    If an affected airplane is imported and placed on the U.S. Register 
in the future, the required inspections would take about 2 work hours 
per airplane, at an average labor rate of $65 per work hour. Based on 
these figures, the estimated cost of the AD would be $130 per airplane.

FAA's Determination of the Effective Date

    No airplane affected by this AD is currently on the U.S. Register. 
Therefore, providing notice and opportunity for public comment is 
unnecessary before this AD is issued, and this AD may be made effective 
in less than 30 days after it is published in the Federal Register.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Send your comments to an 
address listed in the ADDRESSES section. Include ``Docket No. FAA-2005-
22482; Directorate Identifier 2003-NM-009-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD that might 
suggest a need to modify it.
    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 AD. Using the search function of that 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 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.

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 the 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

[[Page 56349]]

this AD and placed it in the AD docket. 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]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2005-19-26 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-14291. Docket No. FAA-
2005-22482; Directorate Identifier 2003-NM-009-AD.

Effective Date

    (a) This AD becomes effective October 12, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all BAE Systems (Operations) Limited 
Model ATP airplanes and Model HS 748 series 2A and series 2B 
airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from a fire in the dry area of the wing due 
to severe chafe damage between an electrical cable and the fuel 
cross feed drain pipe. We are issuing this AD to prevent chafe 
damage of the electrical cable and fuel cross feed drain pipe that 
could lead to fuel leakage from the drain pipe and an ignition 
source from the electrical cable, which could result in a fire in 
the dry area of the airplane wing.

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.

Detailed Inspections

    (f) Within 48 hours after the effective date of this AD, do the 
actions specified in paragraphs (f)(1), (f)(2), and (f)(3) of this 
AD, in accordance with the Accomplishment Instructions of BAE 
Systems (Operations) Limited Alert Service Bulletin ATP-A28-021, 
Revision 1, dated September 26, 2002 (for Model ATP airplanes); or 
BAE Systems (Operations) Limited Alert Service Bulletin HS748-A28-
44, dated September 26, 2002 (for Model HS 748 airplanes); as 
applicable.
    (1) Do a detailed inspection of the cross feed drain pipe of the 
left and right wings between the fuel drain valve and the cross feed 
pipe for chafe damage. Before further flight, do any corrective 
action if applicable.
    (2) Do a detailed inspection of the electrical cable between the 
terminal block and fuel boost pump of the left and right wings for 
chafe damage. Before further flight, do any corrective action if 
applicable.
    (3) Do an inspection to determine the clearance between the 
cable loom and the cross feed drain pipe on the left and right 
wings. Before further flight, do any corrective action if 
applicable.

No Reporting Requirement

    (g) Although the service bulletin referenced in this AD 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

Special Flight Permit

    (h) Prohibited.

Alternative Methods of Compliance (AMOCs)

    (i)(1) 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.
    (2) Before using any AMOC approved in accordance with 14 CFR 
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (j) British airworthiness directives 001-09-2002 and 002-09-2002 
also address the subject of this AD.

Material Incorporated by Reference

    (k) You must use BAE Systems (Operations) Limited Alert Service 
Bulletin ATP-A28-021, Revision 1, dated September 26, 2002; or BAE 
Systems (Operations) Limited Alert Service Bulletin HS748-A28-44, 
dated September 26, 2002; as applicable, to perform the actions that 
are required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference of these documents in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. Contact British Aerospace Regional Aircraft American 
Support, 13850 Mclearen Road, Herndon, Virginia 20171, for a copy of 
this service information. You may review copies at the Docket 
Management Facility, U.S. Department of Transportation, 400 Seventh 
Street SW., room PL-401, Nassif Building, Washington, DC; on the 
Internet at http://dms.dot.gov; or at 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 September 15, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-18909 Filed 9-26-05; 8:45 am]
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