[Federal Register Volume 63, Number 7 (Monday, January 12, 1998)]
[Rules and Regulations]
[Pages 1737-1738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-208]



[[Page 1737]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-127-AD; Amendment 39-10276; AD 97-11-02 R1]
RIN 2120-AA64


Airworthiness Directives; British Aerospace (Jetstream) Model 
4101 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment revises 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 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 
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 amendment revises the 
applicability of the existing AD by removing several airplanes.

DATES: Effective February 17, 1998.
    The incorporation by reference of certain publications, as listed 
in the regulations, is approved by the Director of the Federal Register 
as of February 17, 1998.
    The incorporation by reference of Jetstream Alert Service Bulletin 
J41-A53-030, dated January 19, 1996, as listed in the regulations, was 
approved previously by the Director of the Federal Register as of July 
2, 1997 (62 FR 28795, May 28, 1997).

ADDRESSES: The service information referenced in this AD may be 
obtained from AI(R) American Support, Inc., 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: Norman B. Martenson, Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2110; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by revising AD 97-11-02, 
amendment 39-10031 (62 FR 28795, May 28, 1997), which is applicable to 
certain British Aerospace (Jetstream) Model 4101 airplanes, was 
published in the Federal Register on October 14, 1997 (62 FR 53272). 
The action proposed 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 action also proposed to limit the applicability of the 
existing AD by removing several airplanes.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the two comments received.
    Both commenters support the proposed rule.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule as proposed.

Cost Impact

    Since this AD merely deletes airplanes from the applicability of 
the existing AD, it adds no additional costs, and requires 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 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 $840, 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 removing amendment 39-10031 (62 FR 
28795, May 28, 1997), and by adding a new airworthiness directive (AD), 
amendment 39-10276, to read as follows:

97-11-02  R1 British Aerospace Regional Aircraft [Formerly 
JetstreamAircraft Limited; British Aerospace (Commercial Aircraft) 
Limited]: Amendment 39-10276. 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.


[[Page 1738]]


    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 (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, International Branch, ANM-116, 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, 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.

    (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; Jetstream 
Alert Service Bulletin J41-A53-030, Revision 1, dated August 8, 
1996; and Jetstream Alert Service Bulletin J41-A53-030, Revision 2, 
dated February 14, 1997.
    (1) The incorporation by reference of Jetstream Alert Service 
Bulletin J41-A53-030, Revision 1, dated August 8, 1996; and 
Jetstream Alert Service Bulletin J41-A53-030, Revision 2, dated 
February 14, 1997; is approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These 
Jetstream alert service bulletins contain the following list of 
effective pages:

----------------------------------------------------------------------------------------------------------------
  Service bulletin referenced and                           Revision level shown                                
               date                        Page No.               on page               Date shown on page      
----------------------------------------------------------------------------------------------------------------
J41-A53-030, Revision 1, August 8,  1, 3                   1....................  August 8, 1996.               
 1996.                                                                                                          
                                    2, 4-7                 Original.............  January 19, 1996.             
J41-A53-030, Revision 2, February   1, 3                   2....................  February 14, 1997.            
 14, 1997.                                                                                                      
                                    2, 4-7                 Original.............  January 19, 1996.             
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    (2) The incorporation by reference of Jetstream Alert Service 
Bulletin J41-53-030, dated January 19, 1996, was approved previously by 
the Director of the Federal Register as of July 2, 1997 (62 FR 28795, 
May 28, 1997).
    (3) Copies may be obtained from AI(R) American Support, Inc., 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 006-01-96.

    (g) This amendment becomes effective on February 17, 1998.

    Issued in Renton, Washington, on December 30, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-208 Filed 1-9-98; 8:45 am]
BILLING CODE 4910-13-P