[Federal Register Volume 61, Number 153 (Wednesday, August 7, 1996)]
[Proposed Rules]
[Pages 41039-41040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20074]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 96-NM-68-AD]
RIN 2120-AA64
Airworthiness Directives; Jetstream Model 4100 Series 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 Jetstream Model 4100
series airplanes. This proposal would require replacement of the
existing decompression panel on the aft bulkhead of the toilet
compartment with a modified decompression panel. This proposal is
prompted by a report that a decompression panel that does not meet
flammability requirements was installed on these airplanes during
manufacture. The actions specified by the proposed AD are intended to
prevent injury to the crew and passengers and damage to the airplane
structure due to the incapability of the decompression panel to contain
a fire.
DATES: Comments must be received by September 16, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 96-NM-68-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 Jetstream Aircraft Limited, Customer Support Department,
Prestwick International Airport, Ayrshire KA9 2RW, Scotland. This
information may be examined at the FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington.
FOR FURTHER INFORMATION CONTACT: William Schroeder, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-2148; fax (206) 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 96-NM-68-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-103, Attention: Rules
Docket No. 96-NM-68-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Civil Aviation Authority (CAA), which is the airworthiness
authority for the United Kingdom, recently notified the FAA that an
unsafe condition may exist on certain Jetstream Model 4100 series
airplanes. The CAA advises that a decompression panel that does not
meet flammability requirements, as specified in sections 25.855
(``Cargo or baggage compartments'') and 25.857 (``Cargo compartment
classification'') of the Federal Aviation Regulations (14 CFR 25.855
and 25.857), was installed on certain Model 4100 series airplanes
during manufacture. This discovery was made during fire testing of a
modified baggage bay bulkhead. Investigation revealed that the existing
decompression panels installed on these airplanes are made of a
material that is too thin to meet the test requirements for flame
penetration resistance for cargo compartment liners specified in
Appendix F of part 25 (``Airworthiness Standards: Transport Category
Airplanes'') of the Federal Aviation Regulations (14 CFR part 25).
Therefore, the panel does not fulfill the intent of the regulations,
which, in part, is to assure the capability of the cargo compartment
lining materials (e.g., the decompression panel) to contain a fire.
If such a decompression panel is installed on an airplane and a
fire occurs in the rear baggage compartment, the fire may not be
completely confined without endangering the safety of the airplane or
the occupants, and hazardous quantities of noxious gases could be
released into the cabin. This condition, if not corrected, could result
in injury to the crew and passengers and damage to the airplane
structure.
Explanation of Relevant Service Information
Jetstream has issued Service Bulletin J41-25-068, dated November 9,
1995, which describes procedures for replacement of the existing
decompression panel on the aft bulkhead of the toilet compartment with
a modified decompression panel. The replacement involves removal of the
existing decompression panel, installation of six new magnetic catches,
and installation of a modified decompression panel having a thicker
panel that will assure the capability of the cargo compartment lining
materials to contain a fire. 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 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
[[Page 41040]]
develop on other airplanes of the same type design, the proposed AD
would require replacement of the existing decompression panel on the
aft bulkhead of the toilet compartment with a modified decompression
panel. The actions would be required to be accomplished in accordance
with the service bulletin described previously.
Cost Impact
The FAA estimates that 17 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 6 work
hours per airplane to accomplish the proposed actions, and that the
average labor rate is $60 per work hour. Required parts would be
supplied by the manufacturer at no cost to operators. Based on these
figures, the cost impact of the proposed AD on U.S. operators is
estimated to be $6,120, or $360 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:
Jetstream: Docket 96-NM-68-AD.
Applicability: Model 4100 series airplanes; constructors numbers
41004 through 41017 inclusive, and 41019 through 41033 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
otherwise 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 injury to the crew and passengers and damage to the
airplane structure due to the incapability of the decompression
panel to contain a fire, accomplish the following:
(a) Within 60 days after the effective date of this AD, replace
the existing decompression panel on the aft bulkhead of the toilet
compartment with a modified decompression panel, in accordance with
Jetstream Service Bulletin J41-25-068, dated November 9, 1995.
(b) As of the effective date of this AD, no person shall install
a decompression panel having part number 04125106-403 on the
bulkhead assembly of any airplane.
(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, Standardization Branch, ANM-113,
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,
Standardization Branch, ANM-113.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(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.
Issued in Renton, Washington, on August 1, 1996.
John J. Hickey,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-20074 Filed 8-6-96; 8:45 am]
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