[Federal Register Volume 63, Number 156 (Thursday, August 13, 1998)]
[Proposed Rules]
[Pages 43345-43347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21717]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-168-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
replacement of the existing load limitation labels located in the main
baggage compartment with new reduced load limitation labels. This
proposal also provides for optional modification of the internal access
door of the main baggage compartment, which, if accomplished, would
terminate the requirement for reduced load limitations. 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 failure of the
internal access door latches of the main baggage compartment in the
event of an emergency landing, which could delay or impede passenger
evacuation due to baggage spilling into the aisle and blocking the
emergency exit door.
DATES: Comments must be received by September 14, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 98-NM-168-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
[[Page 43346]]
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: 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-168-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-168-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 tests have shown that, under certain
conditions, the internal access door of the main baggage compartment
does not meet crashworthiness requirements, and that the door latches
could fail. This applies to the internal access door of the main
baggage compartment when only two latches are installed, and when an
unrestrained baggage load in excess of 765 or 850 pounds (depending on
the airplane modification status) is carried. Failure of the door
latches, if not corrected, could result in baggage spilling into the
aisle and blocking the emergency exit door in the event of an emergency
landing, which could delay or impede passenger evacuation.
Explanation of Relevant Service Information
The manufacturer has issued Jetstream Service Bulletin J41-11-010,
dated August 9, 1997, which describes procedures for replacement of the
existing load limitation labels located in the main baggage compartment
with new reduced load limitation labels. 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 004-08-97 in
order to assure the continued airworthiness of these airplanes in the
United Kingdom.
The manufacturer also has issued Jetstream Service Bulletin J41-25-
020, dated August 9, 1997, which describes procedures for optional
modification of the main baggage compartment internal access door by
installation of two additional latches. This modification, if
accomplished, would eliminate the need for the reduced load
limitations.
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 replacement specified in Jetstream Service Bulletin J41-11-010,
described previously. The proposed AD also provides for an optional
modification, as described in Jetstream Service Bulletin J41-25-020,
which, if accomplished, would terminate the requirement for reduced
load limitations.
Cost Impact
The FAA estimates that 57 airplanes of U.S. registry would be
affected by this proposed AD, it would take approximately 1 work hour
per airplane to accomplish the proposed replacement, at an average
labor rate of $60 per work hour. Required parts would be provided by
the manufacturer at no cost to the operators. Based on these figures,
the cost impact of the replacement 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.
[[Page 43347]]
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 Regional Aircraft [Formerly Jetstream Aircraft
Limited; British Aerospace (Commercial Aircraft) Limited]: Docket
98-NM-168-AD.
Applicability: Jetstream Model 4101 airplanes, as listed in
Jetstream Service Bulletin J41-11-010, dated August 9, 1997;
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 (c) 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 failure of the internal access door latches of the
main baggage compartment in the event of an emergency landing, which
could delay or impede passenger evacuation due to baggage spilling
into the aisle and blocking the emergency exit door, accomplish the
following:
(a) Within 30 days after the effective date of this AD, replace
the existing load limitation labels in the main baggage compartment
with new reduced load limitation labels, in accordance with
Jetstream Service Bulletin J41-11-010, dated August 9, 1997.
(b) Modification of the internal access door of the main baggage
compartment in accordance with Jetstream Service Bulletin J41-25-
020, dated August 9, 1997, constitutes terminating action for the
requirements of paragraph (a) of this AD.
(c) 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
requests 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.
(d) Special flight permits may be issued in accordance with
sections 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.
Note 3: The subject of this AD is addressed in British
airworthiness directive 004-08-97.
Issued in Renton, Washington, on August 7, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-21717 Filed 8-12-98; 8:45 am]
BILLING CODE CODE 4910-13-P
