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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 

# AGENCY:

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

# ACTION:

Final rule; request for comments. 

# 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. 
      - DOT Docket Web site: Go to http://dms.dot.gov                          and follow the instructions for sending your comments electronically.                     
      - Government-wide rulemaking Web site: Go to http://www.regulations.gov                          and follow the instructions for sending your comments electronically.                     
      - Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, Washington, DC 20590.
      - Fax: (202) 493-2251.
      - 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-                          ( print 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:                 
    - 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.
    - 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.
    - 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                           ( print 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 

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

§ 39.13 

2. The Federal Aviation Administration (FAA) amends § 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] 

BILLING CODE 4910-13-P