[Federal Register Volume 68, Number 39 (Thursday, February 27, 2003)]
[Proposed Rules]
[Pages 9032-9034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4588]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2001-NM-285-AD]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited Model
ATP Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to all BAE Systems (Operations)
Limited Model ATP airplanes. This proposal would require a one-time
inspection of the fuel pipes within the fuel ``float switch'' test
pipelines in the left and right inner wings for evidence of damage,
cracks, misalignment, or fuel leakage; follow-on corrective actions, if
necessary; and repetitive replacement of the fuel pipes at regular
intervals. This action is necessary to prevent fuel vapors from
collecting in the dry bay of the wing torsion box and consequent risk
of an explosion due to fuel leakage. This action is intended to address
the identified unsafe condition.
DATES: Comments must be received by March 31, 2003.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2001-NM-285-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
[email protected]. Comments sent via fax or the Internet must
contain ``Docket No. 2001-NM-285-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 for Windows or
ASCII text.
The service information referenced in the proposed rule may be
obtained from British Aerospace Regional Aircraft American Support,
13850 Mclearen Road, Herndon, Virginia 20171. This information may be
examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue,
SW., Renton, Washington.
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
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this action may be changed in
light of the comments received.
Submit comments using the following format:
[sbull] Organize comments issue-by-issue. For example, discuss a
request to change the compliance time and a request to change the
service bulletin reference as two separate issues.
[sbull] For each issue, state what specific change to the proposed
AD is being requested.
[sbull] Include justification (e.g., reasons or data) for each
request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2001-NM-285-AD.'' The postcard will be date stamped
and returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2001-NM-285-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Civil Aviation Authority (CAA), which is the airworthiness
authority for the United Kingdom, notified the FAA that an unsafe
condition may exist on all BAE Systems (Operations) Limited Model ATP
airplanes. The CAA advises that it has received a report of failures of
the fuel pipes within the ``fuel float'' test pipelines in the left and
right inner wings due to fatigue. Leakage from these pipes allows fuel
vapors to collect within the dry bay of the wing torsion box, which
contains electrical equipment. This condition, if not corrected, could
result in ignition of fuel vapors within the dry bay of the wing
torsion box and consequent risk of an explosion.
Explanation of Relevant Service Information
BAE Systems (Operations) Limited has issued Service Bulletin ATP-
28-019, dated March 16, 2001, which describes procedures for inspection
of the fuel pipes within the fuel ``float switch'' test pipelines in
the left and right inner wings for evidence of damage, cracks,
misalignment, or fuel leakage; and replacement of any discrepant fuel
pipe with a new or serviceable pipe.
BAE Systems (Operations) Limited has also issued Service Bulletin
ATP-28-020, dated January 25, 2002, which describes procedures for a
records check to determine the accumulation of time on the fuel pipes
within the fuel ``float switch'' test pipelines, and replacement of
those pipes upon reaching their maximum safe-life limit. This service
bulletin also recommends that operators
[[Page 9033]]
submit findings of damaged pipes to BAE Systems (Operations) Limited
following replacement of those damaged pipes.
Accomplishment of the actions specified in these service bulletins
is intended to adequately address the identified unsafe condition.
The CAA classified these service bulletins as mandatory and issued
British airworthiness directives 003-03-2001 and 008-01-2002 in order
to assure the continued airworthiness of these airplanes in the United
Kingdom.
FAA's Conclusions
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. The FAA has examined the
findings of the CAA, reviewed all available information, and determined
that AD action is necessary for products of this type design that are
certificated for operation in the United States.
Explanation of Requirements of Proposed Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, the proposed AD would require accomplishment of
the actions specified in the service bulletins described previously,
except as discussed below.
Differences Between Proposed AD, British AD, and Service Bulletin
Operators should note that, although this proposed AD would require
that the actions be accomplished within 90 days after the effective
date of this AD, the British AD and BAE Systems (Operations) Limited
Service Bulletin ATP-28-020 do not recommend a compliance time for the
proposed records check. In developing an appropriate compliance time
for this proposed action, we considered the degree of urgency
associated with addressing the subject unsafe condition, the average
utilization of the affected fleet, and the time necessary to perform
the check (less than one hour). In light of all of these factors, we
find a 90-day compliance time for completing the proposed records check
to be warranted, in that it represents an appropriate interval of time
allowable for affected airplanes to continue to operate without
compromising safety.
Although BAE Systems (Operations) Limited Service Bulletin ATP-28-
020 recommends operators report findings to the manufacturer after
replacement of damaged pipes, this AD does not include such a reporting
requirement.
Cost Impact
The FAA estimates that 3 Model ATP airplanes of U.S. registry would
be affected by this proposed AD.
It would take approximately 6 work hours per airplane to accomplish
the proposed inspection, at an average labor rate of $60 per work hour.
Based on these figures, the cost impact of the proposed inspection on
U.S. operators is estimated to be $1,080, or $360 per airplane.
It would take approximately 1 work hour per airplane to accomplish
the proposed records check, at an average labor rate of $60 per work
hour. Based on these figures, the cost impact of the proposed records
check on U.S. operators is estimated to be $180, or $60 per airplane.
It would take approximately 5 work hours per airplane to accomplish
the proposed replacement, at an average labor rate of $60 per work
hour. Required parts would be provided by the manufacturer at no cost
to the operators. Based on these figures, the cost impact of the
proposed replacement on U.S. operators is estimated to be $900, or $300
per airplane, per replacement cycle.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the proposed requirements
of this AD action, and that no operator would accomplish those actions
in the future if this AD were not adopted. The cost impact figures
discussed in AD rulemaking actions represent only the time necessary to
perform the specific actions actually required by the AD. These figures
typically do not include incidental costs, such as the time required to
gain access and close up, planning time, or time necessitated by other
administrative actions.
Regulatory Impact
The regulations proposed herein 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. Therefore, it
is determined that this proposal would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I certify that this 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) if promulgated, 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. A copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new
airworthiness directive:
BAE Systems (Operations) Limited (Formerly British Aerospace
Regional Aircraft): Docket 2001-NM-285-AD.
Applicability: All Model ATP airplanes, certificated in any
category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (d) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent fuel vapors from collecting in the dry bay of the
wing torsion box and consequent risk of an explosion due to fuel
leakage, accomplish the following:
[[Page 9034]]
Inspection and Records Check
(a) Within 90 days after the effective date of this AD, do the
actions specified in paragraphs (a)(1) and (a)(2) of this AD.
(1) Do a general visual inspection of the fuel pipes within the
fuel ``float switch'' test pipelines in the left and right inner
wings for evidence of damage, cracks, misalignment, or fuel leakage;
per BAE Systems (Operations) Limited Service Bulletin ATP-28-019,
dated March 16, 2001.
Note 2: For the purposes of this AD, a general visual inspection
is defined as: ``A visual examination of an interior or exterior
area, installation, or assembly to detect obvious damage, failure,
or irregularity. This level of inspection is made from within
touching distance unless otherwise specified. A mirror may be
necessary to enhance visual access to all exposed surfaces in the
inspection area. This level of inspection is made under normally
available lighting conditions such as daylight, hangar lighting,
flashlight, or droplight and may require removal or opening of
access panels or doors. Stands, ladders, or platforms may be
required to gain proximity to the area being checked.''
(2) Perform a check of the airplane records to determine the
actual time on the fuel pipes within the ``float switch'' test
pipelines, per BAE Systems (Operations) Limited Service Bulletin
ATP-28-020, dated January 25, 2002. This records check may be
performed either by the cockpit flight crew or by certificated
maintenance personnel.
Repetitive Replacement
(b) If no damage, crack, misalignment, or fuel leakage is found
during the inspection required by paragraph (a)(1) of this AD, prior
to further flight, reinstall the fuel pipes within the ``float
switch'' test pipelines per BAE Systems (Operations) Limited Service
Bulletin ATP-28-020, dated January 25, 2002. Thereafter, replace
those pipes with new pipes at the applicable times specified in
paragraph (b)(1) or (b)(2) of this AD per the service bulletin.
(1) For fuel pipes that, as of the effective date of this AD,
have accumulated less than 10,000 total flight hours or 12,000 total
landings since the date of installation on the airplane: Do the
replacement prior to the accumulation of 10,000 total flight hours
or 12,000 total landings on the pipes since the date of
installation, or within 10 months after the effective date of this
AD, whichever occurs latest. Thereafter, replace the fuel pipes with
new pipes at intervals not to exceed 10,000 total flight hours or
12,000 total landings on the pipes, whichever occurs first.
Replacement of the fuel pipes with serviceable pipes instead of new
pipes is acceptable for compliance with the requirements of this
paragraph, provided that: The total number of flight hours or total
number of landings on those pipes can be verified, they have not
accumulated 10,000 or more total flight hours or 12,000 or more
total landings at the time of installation, and they are replaced
prior to the accumulation of 10,000 total flight hours or 12,000
total landings (on the pipes).
(2) For fuel pipes that, as of the effective date of this AD,
have accumulated 10,000 or more total flight hours or 12,000 or more
total landings since the date of installation on the airplane: Do
the replacement within 10 months after the effective date of this
AD. Thereafter, replace the fuel pipes at intervals not to exceed
10,000 total flight hours or 12,000 total landings on the pipes,
whichever occurs first. Replacement of the fuel pipes with
serviceable pipes instead of new pipes is acceptable for compliance
with the requirements of this paragraph, provided that: The total
number of flight hours or total number of landings on those pipes
can be verified, they have not accumulated 10,000 or more total
flight hours or 12,000 or more total landings at the time of
installation, and they are replaced prior to the accumulation of
10,000 total flight hours or 12,000 total landings (on the pipes).
(c) If any damage, crack, misalignment, or fuel leakage is found
during the inspection required by paragraph (a)(1) of this AD, prior
to further flight, replace the fuel pipes with new pipes, per BAE
Systems (Operations) Limited Service Bulletin ATP-28-020, dated
January 25, 2002. Before or upon the accumulation of 10,000 total
flight hours or 12,000 total landings on the pipes, whichever occurs
first, after the replacement required by this paragraph, replace the
fuel pipes with new pipes. Thereafter, replace the fuel pipes at
intervals not to exceed the accumulation of 10,000 total flight
hours or 12,000 total landings on the pipes, whichever occurs first.
Replacement of the fuel pipes with serviceable pipes instead of new
pipes is acceptable for compliance with the requirements of this
paragraph, provided that: The total number of flight hours or total
number of landings on those pipes can be verified, they have not
accumulated 10,000 or more total flight hours or 12,000 or more
total landings at the time of installation, and they are replaced
prior to the accumulation of 10,000 total flight hours or 12,000
total landings (on the pipes).
Alternative Methods of Compliance
(d) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, International Branch, ANM-116,
Transport Airplane Directorate, FAA. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the Manager, International
Branch, ANM-116.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the International Branch, ANM-116.
Special Flight Permits
(e) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
Note 4: The subject of this AD is addressed in British
airworthiness directives 003-03-2001 and 008-01-2002.
Issued in Renton, Washington, on February 20, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-4588 Filed 2-26-03; 8:45 am]
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