[Federal Register Volume 63, Number 76 (Tuesday, April 21, 1998)]
[Proposed Rules]
[Pages 19688-19689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10486]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-115-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
installation of a warning placard for the fire extinguisher exhaust
port located in the rear baggage bay. 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 blockage of the fire extinguisher exhaust port,
which could result in reduced fire protection in the rear baggage bay
and consequent injury to the passengers and crewmembers.
DATES: Comments must be received by May 21, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 98-NM-115-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 Mclearen Road,
Herndon, Virginia 20171, USA. 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-115-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-115-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 an operator reported an incident in
which the fire extinguisher exhaust port located in the rear baggage
bay had been covered with tape. The tape had been applied during
maintenance to repair a damaged evaporator unit box that also mounted
to the exhaust port, and was not removed. The CAA further advises that,
without the proper warning placard, the fire extinguisher exhaust port
could again inadvertently become covered or blocked by cargo or
baggage, which could prevent fire extinguishing chemicals from entering
the rear baggage bay. Such blockage of the fire extinguisher exhaust
port, if not corrected, could result in reduced fire protection in the
rear baggage bay and consequent injury to passengers and crewmembers.
Explanation of Relevant Service Information
The manufacturer has issued British Aerospace Regional Aircraft
Service Bulletin J41-11-020, dated November 10, 1997, which describes
procedures for installation of a warning placard near the fire
extinguisher exhaust port in the rear baggage bay. The new placard will
provide clear and visible warning that reads: ``FIRE EXTINGUISHER
EXHAUST PORT--DO NOT OBSTRUCT OR BLANK OFF.'' 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 in order to assure the continued
airworthiness of these airplanes in the United Kingdom.
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 Sec. 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.
[[Page 19689]]
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
actions specified in the service bulletin described previously.
Cost Impact
The FAA estimates that 57 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 1 work
hour per airplane to accomplish the proposed installation, at an
average labor rate of $60 per work hour. Required parts would be
minimal. Based on these figures, the cost impact of the installation
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.
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 [Formerly Jetstream Aircraft Limited; British
Aerospace (Commercial Aircraft) Limited]: Docket 98-NM-115-AD.
Applicability: Model 4101 airplanes, constructor's numbers 41004
through 41100 inclusive; 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 (b) 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 blockage of the fire extinguisher exhaust port, which
could result in reduced fire protection in the rear baggage bay and
consequent injury to the passengers and crewmembers, accomplish the
following:
(a) Within 4 months after the effective date of this AD, install
a warning placard near the fire extinguisher exhaust port in the
rear baggage bay, in accordance with British Aerospace Regional
Aircraft Service Bulletin J41-11-020, dated November 10, 1997.
(b) 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 request
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.
(c) Special flight permits may be issued in accordance with
Secs. 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.
Issued in Renton, Washington, on April 15, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-10486 Filed 4-20-98; 8:45 am]
BILLING CODE 4910-13-U
