[Federal Register Volume 68, Number 186 (Thursday, September 25, 2003)]
[Proposed Rules]
[Pages 55321-55323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24286]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 68, No. 186 / Thursday, September 25, 2003 / 
Proposed Rules  

[[Page 55321]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-58-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited 
(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 all BAE Systems (Operations) 
Limited (Jetstream) Model 4101 airplanes. This proposal would require 
repetitively inspecting the seat rails located in the passenger cabin 
for evidence of damage and corrosion, repairing any damage or 
corrosion, and replacing any floor panels found to be ``soft'' due to 
ingress of moisture. This action is necessary to detect and correct 
corrosion on the seat rails for the passenger seats, which could result 
in the reduced structural integrity of the passenger seats, detachment 
of the seats from the seat rails, and injury to passengers. This action 
is intended to address the identified unsafe condition.

DATES: Comments must be received by October 27, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-58-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2002-NM-58-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 or 2000 or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from British Aerospace Regional Aircraft American Support, 
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: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1175; 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 action may be changed in 
light of the comments received.
    Submit comments using the following format:
    [sbull] Organize comments issue by issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] Include justification (e.g., reasons or data) for each 
request.
    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 action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-58-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. 2002-NM-58-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 all BAE Systems (Operations) Limited (Jetstream) 
Model 4101 airplanes. The CAA advises that corrosion has been found on 
seat rails located in the passenger cabin. The corrosion has been 
attributed to fluid spillage and collection of debris inside the tracks 
of the seat rails. Such corrosion, if not corrected, could result in 
the reduced structural integrity of the passenger seats, detachment of 
the seats from the seat rails, and injury to passengers.

Explanation of Relevant Service Information

    BAE Systems (Operations) Limited has issued Service Bulletin J41-
53-050, dated January 25, 2002, which describes procedures for 
repetitively inspecting the seat rails located in the passenger cabin, 
two above and two below the floor panels, for evidence of damage 
(missing paint from the frames or support angles) or corrosion; 
repairing any damage or corrosion; and replacing any floor panels found 
to be ``soft'' due to ingress of moisture. 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 005-01-2002 to ensure the continued airworthiness of these 
airplanes in the United Kingdom.

[[Page 55322]]

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 actions specified in the service bulletin described previously, 
except as discussed below.

Differences Between the Proposed AD and the Service Information

    Although the service bulletin specifies that operators may contact 
the manufacturer for disposition of certain repair conditions, this 
proposal would require operators to repair those conditions per a 
method approved by either the FAA or the CAA (or its delegated agent). 
In light of the type of repair that would be required to address the 
unsafe condition, and consistent with existing bilateral airworthiness 
agreements, we have determined that, for this proposed AD, a repair 
approved by either the FAA or the CAA would be acceptable for 
compliance with this proposed AD.

Changes to 14 CFR Part 39/Effect on the Proposed AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance (AMOCs). Because we have now included this material in part 
39, only the office authorized to approve AMOCs is identified in each 
individual AD.

Change to Labor Rate Estimate

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

Cost Impact

    The FAA estimates that 57 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 30 work 
hours per airplane to accomplish the proposed inspection, and that the 
average labor rate is $65 per work hour. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$111,150, or $1,950 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. The cost impact figures 
discussed in AD rulemaking actions represent only the time necessary to 
perform the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations proposed herein would not have a substantial direct 
effect 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, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    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:

BAE Systems (Operations) Limited (Formerly British Aerospace 
Regional Aircraft): Docket 2002-NM-58-AD.

    Applicability: All Model Jetstream 4101 airplanes, certificated 
in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct corrosion on the seat rails for the 
passenger seats, which could result in the reduced structural 
integrity of the passenger seats, detachment of the seats from the 
seat rails, and injury to passengers, accomplish the following:

Inspection and Corrective Actions

    (a) Within 1 year after the effective date of this AD, do a 
detailed inspection of the seat rails located in the passenger 
cabin, two above and two below the floor panels, for evidence of 
damage (missing paint from the frames or support angles) or 
corrosion, in accordance with the Accomplishment Instructions of BAE 
Systems (Operations) Limited Service Bulletin J41-53-050, dated 
January 25, 2002.

    Note 1: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

    (1) If no damage (missing paint from the frames or support 
angles) or corrosion is found, repeat the detailed inspections 
thereafter at intervals not to exceed 2 years.
    (2) If any damage (missing paint from the frames or support 
angles) is found, before further flight, re-protect the area per the 
Accomplishment Instructions of the service bulletin.
    (3) If any corrosion is found, before further flight, repair in 
accordance with the Accomplishment Instructions of the service

[[Page 55323]]

bulletin. Where the service bulletin specifies that the manufacturer 
may be contacted for disposition of certain repair conditions, 
repair per a method approved by either the Manager, International 
Branch, ANM-116, FAA, Transport Airplane Directorate; or the Civil 
Aviation Authority (or its delegated agent).
    (b) If any floor panels are found to be ``soft'' due to ingress 
of moisture, before further flight, replace them in accordance with 
the Accomplishment Instructions of the service bulletin.

Submission of Information to the Manufacturer Not Required

    (c) Although the service bulletin referenced in this AD 
specifies to submit information to the manufacturer, this AD does 
not include such a requirement.

Alternative Methods of Compliance

    (d) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, FAA, is authorized to approve alternative methods 
of compliance for this AD.

    Note 2: The subject of this AD is addressed in British 
airworthiness directive 005-01-2002.


    Issued in Renton, Washington, on September 19, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-24286 Filed 9-24-03; 8:45 am]
BILLING CODE 4910-13-P