[Federal Register Volume 77, Number 98 (Monday, May 21, 2012)]
[Proposed Rules]
[Pages 29914-29916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12288]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0489; Directorate Identifier 2011-NM-229-AD]
RIN 2120-AA64


Airworthiness Directives; BAE SYSTEMS (Operations) Limited 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
BAE SYSTEMS (Operations) Limited Model 4101 airplanes. This proposed AD 
was prompted by reports that the fire extinguisher in the toilet vanity 
unit needs to be mounted vertically rather than horizontally. This 
proposed AD would require inspecting to determine if a certain fire 
extinguisher bottle is installed, and repositioning the affected fire 
extinguisher bottle to the vertical position. We are proposing this AD 
to detect and correct the orientation of the fire extinguisher bottle 
in the toilet vanity unit to the vertical position, which if not 
corrected, could result in a toilet waste bin fire spreading, and 
consequent damage to the airplane and injury to its occupants.

DATES: We must receive comments on this proposed AD by July 5, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact BAE 
SYSTEMS (Operations) Limited, Customer Information Department,

[[Page 29915]]

Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United 
Kingdom; telephone +44 1292 675207; fax +44 1292 675704; email 
[email protected]; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may review copies of the 
referenced service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue SW., Renton, Washington. For information 
on the availability of this material at the FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone 425-227-
1175; fax 425-227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-0489; 
Directorate Identifier 2011-NM-229-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2011-0194, dated October 6, 2011 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    The Jetstream 4100 is equipped with a fire extinguisher that, if 
a fire is detected, discharges into the waste bin located within the 
toilet vanity unit.
    On the majority of aeroplanes, the furnishing vendor's original 
design installs the fire extinguisher bottle part number (P/N) 
BA20509AM-4 in a horizontal position within the vanity unit. BAE 
Systems have subsequently been informed by the fire extinguisher 
manufacturer that the fire extinguisher bottle should be mounted 
vertically, as its operation cannot be guaranteed when mounted 
horizontally. In the event of a fire in the waste bin the 
extinguishant may not fully discharge from the fire extinguisher 
bottle.
    This condition, if not corrected, could result in a toilet waste 
bin fire propagation and consequent damage to the aeroplane and/or 
injury to its occupants.
    For the reasons described above, this [EASA] AD requires [an 
inspection to determine if a certain fire extinguisher is installed 
and] the repositioning of the fire extinguisher bottle from a 
horizontal orientation to a vertical orientation.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    BAE SYSTEMS (Operations) Limited has issued Service Bulletin J41-
26-008, Revision 2, dated September 20, 2011. The actions described in 
this service information are intended to correct the unsafe condition 
identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 4 products of U.S. registry. We also estimate that 
it would take about 8 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Required parts would cost about $170 per product. Where the 
service information lists required parts costs that are covered under 
warranty, we have assumed that there will be no charge for these parts. 
As we do not control warranty coverage for affected parties, some 
parties may incur costs higher than estimated here. Based on these 
figures, we estimate the cost of the proposed AD on U.S. operators to 
be $3,400, or $850 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

[[Page 29916]]

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new AD:

BAE SYSTEMS (Operations) Limited: Docket No. FAA-2012-0489; 
Directorate Identifier 2011-NM-229-AD.

(a) Comments Due Date

    We must receive comments by July 5, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to BAE SYSTEMS (Operations) Limited Model 4101 
airplanes, certificated in any category, all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 26, Fire 
Protection.

(e) Reason

    This AD was prompted by reports that the fire extinguisher of 
the toilet vanity unit needs to be mounted vertically, rather than 
horizontally. We are issuing this AD to detect and correct the 
orientation of the fire extinguisher bottle in the toilet vanity 
unit to the vertical position, which if not corrected, could result 
in a toilet waste bin fire spreading, and consequent damage to the 
airplane and injury to its occupants.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Actions

    Within 2 months after the effective date of this AD, determine 
from the table specified in paragraph 2.A.(1) of BAE SYSTEMS 
(Operations) Limited Service Bulletin J41-26-008, Revision 2, dated 
September 20, 2011, if fire extinguisher bottle part number (P/N) 
BA20509AM-4 is fitted to the airplane. If a fire extinguisher bottle 
P/N BA20509AM-4 is fitted, before further flight, reposition the 
fire extinguisher bottle, in accordance with the Accomplishment 
Instructions of BAE SYSTEMS (Operations) Limited Service Bulletin 
J41-26-008, Revision 2, dated September 20, 2011.

(h) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using BAE SYSTEMS (Operations) Limited 
Service Bulletin J41-26-008, dated October 5, 2010; or BAE SYSTEMS 
(Operations) Limited Service Bulletin J41-26-008, Revision 1, dated 
April 12, 2011.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. In accordance with 14 CFR 
39.19, send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Branch, send it to ATTN: Todd 
Thompson, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; phone 425-227-1175; fax 425-227-1149. 
Information may be emailed to: [email protected]. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
local flight standards district office/certificate holding district 
office. The AMOC approval letter must specifically reference this 
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

(j) Related Information

    Refer to MCAI EASA Airworthiness Directive 2011-0194, dated 
October 6, 2011; and BAE SYSTEMS (Operations) Limited Service 
Bulletin J41-26-008, Revision 2, dated September 20, 2011; for 
related information.

    Issued in Renton, Washington, on May 11, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-12288 Filed 5-18-12; 8:45 am]
BILLING CODE 4910-13-P