[Federal Register Volume 62, Number 102 (Wednesday, May 28, 1997)]
[Rules and Regulations]
[Pages 28795-28796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12858]



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 Rules and Regulations
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  Federal Register / Vol. 62, No. 102 / Wednesday, May 28, 1997 / Rules 
and Regulations  

[[Page 28795]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-85-AD; Amendment 39-10031; AD 97-11-02]
RIN 2120-AA64


Airworthiness Directives; Jetstream Model 4101 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 Jetstream Model 4101 airplanes, that requires an 
inspection to determine the thickness of the intercostal that attaches 
the third crew member seat to the floor structure in the flight 
compartment, and replacement, if necessary. This amendment is prompted 
by a report from the manufacturer indicating that intercostals have 
been installed that are not of sufficient thickness (and consequent 
strength) to support the third crew member seat during emergency 
landing dynamic conditions. The actions specified by this AD are 
intended to prevent the failure of this intercostal during an emergency 
landing, which could consequently result in injury to the flight crew.

DATES: Effective July 2, 1997.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 2, 1997.

ADDRESSES: The service information referenced in this AD may be 
obtained from Jetstream Aircraft, Inc., P.O. Box 16029, Dulles 
International Airport, Washington, DC 20041-6029. 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: William Schroeder, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2148; 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 Jetstream Model 4101 
airplanes was published in the Federal Register on October 28, 1996 (61 
FR 55585). That action proposed to require inspection of the 
intercostal that attaches the third crew member seat to the floor 
structure in the flight compartment to determine the thickness of this 
part; and replacement with a new intercostal of the correct thickness, 
if necessary.
    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.

Cost Impact

    The FAA estimates that 15 Jetstream Model 4101 airplanes of U.S. 
registry will be affected by this AD, that it will take approximately 1 
work hour per airplane to accomplish the required actions, and that the 
average labor rate is $60 per work hour. Based on these figures, the 
cost impact of the AD on U.S. operators is estimated to be $900, or $60 
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.

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects 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, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    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

    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

    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:

97-11-02  Jetstream Aircraft Limited: Amendment 39-10031. Docket 96-
NM-85-AD.

    Applicability: Model 4101 airplanes, as listed in Jetstream 
Alert Service Bulletin J41-A53-030, dated January 19, 1996; 
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

[[Page 28796]]

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 failure during emergency landing dynamic conditions 
of the intercostal that attaches the third crew member seat (``third 
crew seat'') to the floor structure in the flight compartment, which 
could consequently result in injury to the flight crew, accomplish 
the following:
    (a) Within 30 days after the effective date of this AD, inspect 
the intercostal in the floor structure that supports the third crew 
seat in the flight compartment to determine the thickness of this 
part, in accordance with Part 1 of Jetstream Alert Service Bulletin 
J41-A53-030, dated January 19, 1996.
    (b) If the thickness of the intercostal is 0.064 inch, no 
further action is required by this AD.
    (c) If the thickness of the intercostal is 0.048 inch, 
accomplish the actions specified in either paragraph (c)(1) or 
(c)(2) of this AD.
    (1) Prior to further flight, replace the intercostal with a new 
part manufactured from material having the correct thickness, in 
accordance with Jetstream Alert Service Bulletin J41-A53-030, dated 
January 19, 1996. After replacement, no further action is required 
by this AD. Or
    (2) Prior to further flight, install a placard, in accordance 
with Jetstream Alert Service Bulletin J41-A53-030, dated January 19, 
1996, to prohibit use of the third crew seat when the total weight 
of carry-on items stored in the forward right stowage area is more 
than 100 pounds. Within 6 months after installation of the placard, 
replace the intercostal with a new part manufactured from material 
having the correct thickness, in accordance with the service 
bulletin. After installation of the new intercostal, the placard may 
be removed.
    (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, Standardization Branch, ANM-113, 
FAA, Transport Airplane Directorate. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, 
Standardization Branch, ANM-113.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.

    (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.
    (f) The actions shall be done in accordance with Jetstream Alert 
Service Bulletin J41-A53-030, dated January 19, 1996. 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 Jetstream Aircraft, Inc., P.O. Box 
16029, Dulles International Airport, Washington, DC 20041-6029. 
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.
    (g) This amendment becomes effective on July 2, 1997.

    Issued in Renton, Washington, on May 12, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-12858 Filed 5-27-97; 8:45 am]
BILLING CODE 4910-13-U