[Federal Register Volume 63, Number 156 (Thursday, August 13, 1998)]
[Proposed Rules]
[Pages 43345-43347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21717]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-168-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 
replacement of the existing load limitation labels located in the main 
baggage compartment with new reduced load limitation labels. This 
proposal also provides for optional modification of the internal access 
door of the main baggage compartment, which, if accomplished, would 
terminate the requirement for reduced load limitations. 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 failure of the 
internal access door latches of the main baggage compartment in the 
event of an emergency landing, which could delay or impede passenger 
evacuation due to baggage spilling into the aisle and blocking the 
emergency exit door.

DATES: Comments must be received by September 14, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-168-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

[[Page 43346]]

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: 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-168-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-168-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 tests have shown that, under certain 
conditions, the internal access door of the main baggage compartment 
does not meet crashworthiness requirements, and that the door latches 
could fail. This applies to the internal access door of the main 
baggage compartment when only two latches are installed, and when an 
unrestrained baggage load in excess of 765 or 850 pounds (depending on 
the airplane modification status) is carried. Failure of the door 
latches, if not corrected, could result in baggage spilling into the 
aisle and blocking the emergency exit door in the event of an emergency 
landing, which could delay or impede passenger evacuation.

Explanation of Relevant Service Information

    The manufacturer has issued Jetstream Service Bulletin J41-11-010, 
dated August 9, 1997, which describes procedures for replacement of the 
existing load limitation labels located in the main baggage compartment 
with new reduced load limitation labels. 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 and issued British airworthiness directive 004-08-97 in 
order to assure the continued airworthiness of these airplanes in the 
United Kingdom.
    The manufacturer also has issued Jetstream Service Bulletin J41-25-
020, dated August 9, 1997, which describes procedures for optional 
modification of the main baggage compartment internal access door by 
installation of two additional latches. This modification, if 
accomplished, would eliminate the need for the reduced load 
limitations.

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 section 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.

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 
the replacement specified in Jetstream Service Bulletin J41-11-010, 
described previously. The proposed AD also provides for an optional 
modification, as described in Jetstream Service Bulletin J41-25-020, 
which, if accomplished, would terminate the requirement for reduced 
load limitations.

Cost Impact

    The FAA estimates that 57 airplanes of U.S. registry would be 
affected by this proposed AD, it would take approximately 1 work hour 
per airplane to accomplish the proposed replacement, at an average 
labor rate of $60 per work hour. Required parts would be provided by 
the manufacturer at no cost to the operators. Based on these figures, 
the cost impact of the replacement 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.

[[Page 43347]]

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 Regional Aircraft [Formerly Jetstream Aircraft 
Limited; British Aerospace (Commercial Aircraft) Limited]: Docket 
98-NM-168-AD.

    Applicability: Jetstream Model 4101 airplanes, as listed in 
Jetstream Service Bulletin J41-11-010, dated August 9, 1997; 
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 (c) 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 of the internal access door latches of the 
main baggage compartment in the event of an emergency landing, which 
could delay or impede passenger evacuation due to baggage spilling 
into the aisle and blocking the emergency exit door, accomplish the 
following:
    (a) Within 30 days after the effective date of this AD, replace 
the existing load limitation labels in the main baggage compartment 
with new reduced load limitation labels, in accordance with 
Jetstream Service Bulletin J41-11-010, dated August 9, 1997.
    (b) Modification of the internal access door of the main baggage 
compartment in accordance with Jetstream Service Bulletin J41-25-
020, dated August 9, 1997, constitutes terminating action for the 
requirements of paragraph (a) of this AD.
    (c) 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.

    (d) 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.

    Note 3: The subject of this AD is addressed in British 
airworthiness directive 004-08-97.

    Issued in Renton, Washington, on August 7, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-21717 Filed 8-12-98; 8:45 am]
BILLING CODE CODE 4910-13-P