AD 2003-12-09

[Federal Register Volume 68, Number 117 (Wednesday, June 18, 2003)]
[Rules and Regulations]
[Pages 36452-36454]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 03-15221]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-271-AD; Amendment 39-13194; AD 2003-12-09]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited Model 
BAe 146 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain BAE Systems (Operations) Limited Model BAe 146 
series airplanes, that requires modification of the flight annunciator 
box. This action is necessary to prevent traffic collision avoidance 
system (TCAS) aural messages and resolution advisories of the TCAS from 
being inhibited following a ground proximity warning system alert or 
test message, which could prevent the TCAS from providing attention-
getting alerts, and could result in the consequent possibility of a 
mid-air collision or near mid-air collision. This action is

[[Page 36453]]

intended to address the identified unsafe condition.

DATES: Effective July 23, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 23, 2003.

ADDRESSES: The service information referenced in this AD may be 
obtained from British Aerospace Regional Aircraft American Support, 
13850 Mclearen Road, Herndon, Virginia 20171. This information may be 
examined at the Federal Aviation Administration (FAA), Transport 
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, 
Washington; or at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, 1601 
Lind Avenue SW., Renton, Washington 98055-4056; telephone (425) 227-
1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain BAE Systems (Operations) 
Limited Model BAe 146 series airplanes was published in the Federal 
Register on March 12, 2003 (68 FR 11760). That action proposed to 
require modification of the flight annunciator box.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

    The FAA has determined that air safety and the public interest 
require the adoption of the rule as proposed.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. However, for clarity and consistency, this final rule 
retains the language of the NPRM regarding that material.

Cost Impact

    The FAA estimates that 20 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 2 work hours per 
airplane to accomplish the modification, and that the average labor 
rate is $60 per work hour. Required parts will cost approximately $250 
per airplane. Based on these figures, the cost impact of the AD on U.S. 
operators is estimated to be $7,400, or $370 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the 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 adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new airworthiness 
directive:

2003-12-09 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-13194. Docket 2001-NM-
271-AD.

    Applicability: Model BAe 146 series airplanes on which 
Modifications HCM50261X; HCM01077L or HCM50273B; and HCM50040E or 
HCM50040N; have been installed; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 (b) 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 aural messages and resolution advisories of the 
traffic collision avoidance system (TCAS) from being inhibited 
following a ground proximity warning system alert or test message, 
which could prevent the TCAS from providing attention-getting 
alerts, and could result in the consequent possibility of a mid-air 
collision or near mid-air collision, accomplish the following:

Modification

    (a) Within 1 year after the effective date of this AD: Modify 
the flight annunciator box (including installing 2 diode modules 
with associated wiring, and re-routing existing wiring), per the 
Accomplishment Instructions of BAE Systems (Operations) Limited 
Modification Service Bulletin SB.34-339-50261Y, dated April 11, 
2001. Although paragraph 2.F.(2) of the Accomplishment Instructions 
references a reporting requirement, such reporting is not required 
by this AD.

Alternative Methods of Compliance

    (b) 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 Avionics Inspector, 
who may

[[Page 36454]]

add comments and then send it to the Manager, International Branch, 
ANM-116.

    Note 2: 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

    (c) 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.

Incorporation by Reference

    (d) The actions must be done in accordance with BAE Systems 
(Operations) Limited Modification Service Bulletin SB.34-339-50261Y, 
dated April 11, 2001. This incorporation by reference was approved 
by the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. Copies may be obtained from British 
Aerospace Regional Aircraft American Support, 13850 Mclearen Road, 
Herndon, Virginia 20171. Copies may be inspected at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.

    Note 3: The subject of this AD is addressed in British 
airworthiness directive 003-04-2001.

Effective Date

    (e) This amendment becomes effective on July 23, 2003.

    Issued in Renton, Washington, on July 10, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-15221 Filed 6-17-03; 8:45 am]
BILLING CODE 4910-13-P