[Federal Register Volume 63, Number 76 (Tuesday, April 21, 1998)]
[Proposed Rules]
[Pages 19688-19689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10486]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-115-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 the adoption of a new airworthiness 
directive (AD) that is applicable to certain British Aerospace 
(Jetstream) Model 4101 airplanes. This proposal would require 
installation of a warning placard for the fire extinguisher exhaust 
port located in the rear baggage bay. This proposal is prompted by 
issuance of mandatory continuing airworthiness information by a foreign 
civil airworthiness authority. The actions specified by the proposed AD 
are intended to prevent blockage of the fire extinguisher exhaust port, 
which could result in reduced fire protection in the rear baggage bay 
and consequent injury to the passengers and crewmembers.

DATES: Comments must be received by May 21, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-115-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, USA. This information may be examined at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

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:

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 98-NM-115-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. 98-NM-115-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 certain British Aerospace (Jetstream) Model 4101 
airplanes. The CAA advises that an operator reported an incident in 
which the fire extinguisher exhaust port located in the rear baggage 
bay had been covered with tape. The tape had been applied during 
maintenance to repair a damaged evaporator unit box that also mounted 
to the exhaust port, and was not removed. The CAA further advises that, 
without the proper warning placard, the fire extinguisher exhaust port 
could again inadvertently become covered or blocked by cargo or 
baggage, which could prevent fire extinguishing chemicals from entering 
the rear baggage bay. Such blockage of the fire extinguisher exhaust 
port, if not corrected, could result in reduced fire protection in the 
rear baggage bay and consequent injury to passengers and crewmembers.

Explanation of Relevant Service Information

    The manufacturer has issued British Aerospace Regional Aircraft 
Service Bulletin J41-11-020, dated November 10, 1997, which describes 
procedures for installation of a warning placard near the fire 
extinguisher exhaust port in the rear baggage bay. The new placard will 
provide clear and visible warning that reads: ``FIRE EXTINGUISHER 
EXHAUST PORT--DO NOT OBSTRUCT OR BLANK OFF.'' Accomplishment of the 
actions specified in the service bulletin is intended to adequately 
address the identified unsafe condition. The CAA classified this 
service bulletin as mandatory 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 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 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.

[[Page 19689]]

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 
actions specified in the service bulletin described previously.

Cost Impact

    The FAA estimates that 57 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 installation, at an 
average labor rate of $60 per work hour. Required parts would be 
minimal. Based on these figures, the cost impact of the installation 
proposed by this AD on U.S. operators is estimated to be $3,420, 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 adding the following new 
airworthiness directive:

British Aerospace [Formerly Jetstream Aircraft Limited; British 
Aerospace (Commercial Aircraft) Limited]: Docket 98-NM-115-AD.

    Applicability: Model 4101 airplanes, constructor's numbers 41004 
through 41100 inclusive; 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 (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 blockage of the fire extinguisher exhaust port, which 
could result in reduced fire protection in the rear baggage bay and 
consequent injury to the passengers and crewmembers, accomplish the 
following:
    (a) Within 4 months after the effective date of this AD, install 
a warning placard near the fire extinguisher exhaust port in the 
rear baggage bay, in accordance with British Aerospace Regional 
Aircraft Service Bulletin J41-11-020, dated November 10, 1997.
    (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, FAA, 
Transport Airplane Directorate. Operators shall submit their request 
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.

    (c) Special flight permits may be issued in accordance with 
Secs. 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.

    Issued in Renton, Washington, on April 15, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-10486 Filed 4-20-98; 8:45 am]
BILLING CODE 4910-13-U