[Federal Register Volume 77, Number 173 (Thursday, September 6, 2012)]
[Rules and Regulations]
[Pages 54803-54804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21288]



[[Page 54803]]

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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; 
Amendment 39-17174; AD 2012-17-11]
RIN 2120-AA64


Airworthiness Directives; BAE SYSTEMS (Operations) Limited 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all BAE 
SYSTEMS (Operations) Limited Model 4101 airplanes. This AD was prompted 
by reports that the fire extinguisher in the toilet vanity unit needs 
to be mounted vertically rather than horizontally. This AD requires 
inspecting to determine if a certain fire extinguisher bottle is 
installed, and repositioning the affected fire extinguisher bottle to 
the vertical position. 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.

DATES: This AD becomes effective October 11, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 11, 
2012.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

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

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on May 21, 2012 (77 FR 
29914). That NPRM proposed 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 [European Aviation Safety 
Agency (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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (77 FR 29914, May 21, 
2012) or on the determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed--except for 
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 29914, May 21, 2012) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 29914, May 21, 2012).

Costs of Compliance

    We estimate that this AD will affect 4 products of U.S. registry. 
We also estimate that it will take about 8 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will 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 this AD to the 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 AD will not have federalism implications 
under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    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 AD and placed it in the AD docket.

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 the NPRM (77 FR 29914, May 21, 2012), 
the regulatory evaluation, any

[[Page 54804]]

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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

2012-17-11 BAE SYSTEMS (Operations) Limited: Amendment 39-17174. 
Docket No. FAA-2012-0489; Directorate Identifier 2011-NM-229-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective October 11, 
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, 
WA 98057-3356; telephone: (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 European Aviation Safety Agency (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.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) BAE SYSTEMS (Operations) Limited Service Bulletin J41-26-
008, Revision 2, dated September 20, 2011.
    (ii) Reserved.
    (3) For service information identified in this AD, contact BAE 
SYSTEMS (Operations) Limited, Customer Information Department, 
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.
    (4) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 
For information on the availability of this material at the FAA, 
call 425-227-1221.
    (5) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at an NARA facility, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on August 22, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-21288 Filed 9-5-12; 8:45 am]
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