[Federal Register Volume 70, Number 196 (Wednesday, October 12, 2005)]
[Rules and Regulations]
[Pages 59231-59233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20068]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22625; Directorate Identifier 2003-NM-213-AD; 
Amendment 39-14331; AD 2005-20-34]
RIN 2120-AA64


Airworthiness Directives; British Aerospace 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 
certain British Aerospace Model HS 748 airplanes. This AD requires 
relocating the battery earth posts located on the nose landing gear 
(NLG) pintle webs. This AD results from an accident in which the nose 
landing leg, together with the pintle webs, detached from the airplane. 
As a result, the battery earth return cables were severed from their 
earth posts. We are issuing this AD to prevent loss of safety critical 
services including fuel shut-off and nacelle fire extinguishing 
services.

DATES: This AD becomes effective October 27, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of October 27, 
2005.
    We must receive comments on this AD by December 12, 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 certain British Aerospace Model HS 748 airplanes. The CAA 
advises that, in an accident involving a Model HS 748 airplane, the 
nose landing leg, together with the pintle webs, detached from the 
airplane. As a result, the battery earth return cables were severed 
from their earth posts. This condition, if not corrected, could result 
in the loss of safety critical services including fuel shut-off and 
nacelle fire extinguishing services.

Relevant Service Information

    BAE Systems (Operations) Limited has issued Service Bulletin HS748-
24-131, Revision 1, dated June 16, 2003. The service bulletin describes 
procedures for relocating the battery earth posts. The tasks comprise:
    <bullet> Assembling a new earth post mounting plate;
    <bullet> Fitting the mounting plate on the side beams of the nose 
landing gear (NLG) below the cockpit floor;
    <bullet> Testing the bonding on the new earth post plate 
installation;
    <bullet> Rerouting the battery earth return cables;
    <bullet> Connecting the cables to the earth posts at their new 
location; and
    <bullet> Connecting the aircraft batteries.
    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

[[Page 59232]]

airworthiness directive 006-01-2003 to ensure the continued 
airworthiness of these airplanes in the United Kingdom.

FAA's Determination and Requirements of this AD

    This airplane model is manufactured in the United Kingdom and is 
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 loss of safety 
critical services including fuel shut-off and nacelle fire 
extinguishing services. 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.
    The following table provides the estimated costs to comply with 
this AD for any affected airplane that might be imported and placed on 
the U.S. Register in the future.

                                                 Estimated Costs
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                                                                           Average
                         Action                            Work hours    labor rate    Parts cost     Cost per
                                                                          per hour                    airplane
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Earth post relocation...................................           16           $65          $500        $1,540
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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-
22625; Directorate Identifier 2003-NM-213-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 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:

[[Page 59233]]

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):

2005-20-34 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-14331. Docket No. FAA-
2005-22625; Directorate Identifier 2003-NM-213-AD.

Effective Date

    (a) This AD becomes effective October 27, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to BAE Systems (Operations) Limited Model HS 
748 series 2A and series 2B airplanes, certificated in any category, 
with batteries installed in the nosecone.

Unsafe Condition

    (d) This AD results from an accident in which the nose landing 
leg, together with the pintle webs, detached from the airplane. As a 
result, the battery earth return cables were severed from their 
earth posts. We are issuing this AD to prevent loss of safety 
critical services including fuel shut-off and nacelle fire 
extinguishing services.

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.

Battery Earth Post Relocation

    (f) Within 120 days after the effective date of this AD, 
relocate the battery earth posts, in accordance with the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Service Bulletin HS748-24-131, Revision 1, dated June 16, 2003.

Alternative Methods of Compliance (AMOCs)

    (g)(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

    (h) British airworthiness directive 006-01-003 also addresses 
the subject of this AD.

Material Incorporated by Reference

    (i) You must use BAE Systems (Operations) Limited Service 
Bulletin HS748-24-131, Revision 1, dated June 16, 2003, to perform 
the actions that are required by this AD, unless the AD specifies 
otherwise. BAE Systems (Operations) Limited Service Bulletin HS748-
24-131, Revision 1, dated June 16, 2003, contains the following 
effective pages:

 
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               Page number                   Revision level shown on page             Date shown on page
----------------------------------------------------------------------------------------------------------------
1-12, 14.................................  1...............................  June 16, 2003.
13.......................................  Original........................  January 20, 2003.
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    The Director of the Federal Register approved the incorporation 
by reference of this document 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 28, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-20068 Filed 10-11-05; 8:45 am]
BILLING CODE 4910-13-P