[Federal Register Volume 69, Number 87 (Wednesday, May 5, 2004)]
[Rules and Regulations]
[Pages 24950-24952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10020]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-58-AD; Amendment 39-13607; AD 2004-09-18]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited 
(Jetstream) Model 4101 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all BAE Systems (Operations) Limited (Jetstream) Model 
4101 airplanes, that requires 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: Effective June 9, 2004.
    The incorporation by reference of a certain publication listed in 
the regulations is approved by the Director of the Federal Register as 
of June 9, 2004.

ADDRESSES: The service information referenced in this AD may be 
obtained from British Aerospace Regional Aircraft American Support, 
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 National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to all BAE Systems (Operations) 
Limited (Jetstream) Model 4101 airplanes was published in the Federal 
Register on September 25, 2003 (68 FR 55321). That action proposed to 
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.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received from a single commenter.

Request To Withdraw Proposed AD

    The commenter, an operator, states that the proposed AD is an 
unnecessary burden to operators. The commenter suggests that instead of 
an issuing an AD, the maintenance review board (MRB) report be revised 
to include the actions required by the proposed AD. The commenter 
states that it currently performs numerous corrosion inspections on its 
fleet of Jetstream Model 4101 airplanes using procedures specified in 
the commenter's maintenance programs. The commenter also notes that BAE 
Systems (Operations) Limited Service Bulletin J41-53-050, dated January 
25, 2002, specifies that when the inspection and procedure recommended 
in the service bulletin are published in the MRB report and the 
maintenance planning document (MPD), the service bulletin will be 
canceled.
    The FAA infers that the commenter is requesting that the proposed 
AD be withdrawn. We do not agree. The procedures specified in MRB 
reports are not mandatory. Therefore, we must issue an AD to ensure 
that the identified unsafe condition is properly addressed. We 
acknowledge that some operators may currently have maintenance programs 
which address the unsafe condition. If a program is adequate, an 
operator would already be in compliance with the AD, or would be in a 
position to obtain approval for an alternative method of compliance 
with the AD (i.e., to follow the operator's current program rather than 
revise it to comply with the AD). Our obligation to issue the AD and 
address an unsafe condition remains, however; the rule must apply to 
everyone to ensure that all affected airplanes are covered, regardless 
of who operates them. Furthermore, the airworthiness authority for the 
state of design issued an airworthiness directive mandating the same 
actions required by this AD.

Request To Revise Cost Impact Information

    The commenter notes that the figure in the cost impact section of 
the proposed AD does not include incidental costs, such as the time 
required to gain access and close up an airplane. The commenter states 
that these costs are not incidental, and that the majority of time 
required to perform the detailed inspection required by the proposed AD 
involves removing and reinstalling the lavatory, galley, passenger 
cabin seats, carpets, and cabin floor panels, to gain access to and 
close

[[Page 24951]]

up the areas to be inspected. The commenter also states that 30 work 
hours to perform the detailed inspection is not a true depiction of the 
required man hours, and that 300 work hours would be more accurate.
    We infer that the commenter is requesting that the cost impact 
section of the proposed AD be revised. We do not agree. As stated in 
the proposed AD, ``the 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.'' The specific action required by the proposed AD is a 
repetitive detailed inspection of the seat rails located in the 
passenger cabin. The time necessary for gaining access to and closing 
the inspection area is incidental. The final rule has not been changed 
regarding this issue.

Conclusion

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

Cost Impact

    The FAA estimates that 57 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 30 work hours per 
airplane to accomplish the required inspection, and that the average 
labor rate is $65 per work hour. Based on these figures, the cost 
impact of the AD on U.S. operators is estimated to be $111,150, or 
$1,950 per airplane, per inspection cycle.
    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. 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 adopted herein will 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 final rule does not have federalism 
implications under Executive Order 13132.
    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

0
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

0
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]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

2004-09-18 BAE Systems (Operations) Limited (Formerly British 
Aerospace Regional Aircraft): Amendment 39-13607. 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 inspection 
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. Repeat the 
detailed inspection thereafter at intervals not to exceed 2 years.
    (3) If any corrosion is found, before further flight, repair in 
accordance with the Accomplishment Instructions of the service 
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). Repeat the detailed 
inspection thereafter at intervals not to exceed 2 years.
    (b) During any inspection required by paragraph (a) of this AD: 
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 BAE Systems (Operations) Limited 
Service Bulletin J41-53-050, dated January 25, 2002.

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.

Incorporation by Reference

    (e) Unless otherwise specified in this AD, the actions shall be 
done in accordance with BAE Systems (Operations) Limited Service 
Bulletin J41-53-050, dated January 25, 2002. This incorporation by 
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from British Aerospace Regional Aircraft American Support, 
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 National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.


[[Page 24952]]


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

Effective Date

    (f) This amendment becomes effective on June 9, 2004.

    Issued in Renton, Washington, on April 26, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-10020 Filed 5-4-04; 8:45 am]
BILLING CODE 4910-13-P