[Federal Register Volume 62, Number 198 (Tuesday, October 14, 1997)]
[Proposed Rules]
[Pages 53272-53274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27091]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-NM-127-AD]
RIN 2120-AA64
Airworthiness Directives; British Aerospace (Jetstream) Model
4101 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes to revise an existing airworthiness
directive (AD), applicable to certain British Aerospace (Jetstream)
Model 4101 airplanes, that currently 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. That AD was 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 that AD are intended to prevent the failure of
this intercostal during an emergency landing, which could consequently
result in injury to the flight crew. This action would revise the
applicability of the existing AD by removing several airplanes.
DATES: Comments must be received by November 10, 1997.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 97-NM-127-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except
Federal holidays.
The service information referenced in the proposed rule may be
obtained from AI(R) American Support, Inc., 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: 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:
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 notice may be changed in
light of the comments received.
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 notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 97-NM-127-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-103, Attention: Rules
Docket No. 97-NM-127-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
On May 12, 1997, the FAA issued AD 97-11-02, amendment 39-10031 (62
FR 28795, May 28, 1997), applicable to certain British Aerospace
(Jetstream) Model 4101 airplanes, to require a one-time inspection to
determine the thickness 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. That action was
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 requirements of that AD are
intended to prevent the failure of this intercostal during an emergency
landing, which could consequently result in injury to the flight crew.
Actions Since Issuance of Previous Rule
Since the issuance of that AD, the manufacturer has issued Alert
Service Bulletin J41-A53-030, Revision 1, dated August 8, 1996, and
Revision 2, dated February 14, 1997. The inspection and replacement
procedures described in these revisions are identical to those
described in the original version of the service bulletin (which was
referenced in AD 97-11-02). The only change effected by Revisions 1 and
2 is to remove airplanes having constructors numbers 41044, 41068,
41069, and 41070 from the effectivity listing of the alert service
bulletin, since these airplanes are not subject to the addressed unsafe
condition. The Civil Aviation Authority (CAA), which is the
airworthiness authority for the United Kingdom, classified these alert
service bulletins as mandatory.
The FAA has been advised that Jetstream Aircraft Limited has
revised its corporate name to British Aerospace Regional Aircraft.
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 Sec. 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
[[Page 53273]]
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 revise AD 97-11-02 to
continue to require a one-time inspection of the intercostal of 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. The proposed AD
also would limit the applicability of the existing AD by removing
several airplanes.
Cost Impact
Since this proposed AD would merely delete airplanes from the
applicability of the existing AD, it would add no additional costs, and
would require no additional work to be performed by affected operators.
The current costs associated with this AD are reiterated in their
entirety (as follows) for the convenience of affected operators:
The FAA estimates that 14 Jetstream Model 4101 airplanes of U.S.
registry would be affected by this proposed AD, that it would take
approximately 1 work hour per airplane to accomplish the proposed
actions, and that the average labor rate is $60 per work hour. Based on
these figures, the cost impact of the proposed AD on U.S. operators is
estimated to be $840, or $60 per airplane.
The cost impact figure discussed above is 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.
Regulatory Impact
The regulations proposed herein would 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
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
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 removing amendment 39-10031 (62 FR
28795, May 28, 1997), and by adding a new airworthiness directive (AD),
to read as follows:
British Aerospace Regional Aircraft [Formerly Jetstream Aircraft
Limited; British Aerospace (Commercial Aircraft) Limited]: Docket
97-NM-127-AD. Revises AD 97-11-02, Amendment 39-10031.
Applicability: Jetstream Model 4101 airplanes, as listed in
Jetstream Alert Service Bulletin J41-A53-030, Revision 2, dated
February 14, 1997; certificated in any category.
Note: 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 (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 July 2, 1997 (the effective date of AD
97-11-02, amendment 39-10031), 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, Revision 1, dated August 8, 1996, or Revision 2,
dated February 14, 1997.
(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, Revision 1, dated August 8, 1996, or Revision 2,
dated February 14, 1997. 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, Revision 1, dated August 8, 1996, or Revision 2, dated
February 14, 1997, 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 any
of the service bulletins. 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.
[[Page 53274]]
Issued in Renton, Washington, on October 7, 1997.
James V. Devany,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 97-27091 Filed 10-10-97; 8:45 am]
BILLING CODE 4910-13-P