[Federal Register: September 25, 2003 (Volume 68, Number 186)]
[Proposed Rules]
[Page 55321-55323]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25se03-11]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 55321]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-58-AD]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited
(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 all BAE Systems (Operations)
Limited (Jetstream) Model 4101 airplanes. This proposal would require
repetitively inspecting the seat rails located in the passenger cabin
for evidence of damage and corrosion, repairing any damage or
corrosion, and replacing any floor panels found to be ``soft'' due to
ingress of moisture. This action is necessary to detect and correct
corrosion on the seat rails for the passenger seats, which could result
in the reduced structural integrity of the passenger seats, detachment
of the seats from the seat rails, and injury to passengers. This action
is intended to address the identified unsafe condition.
DATES: Comments must be received by October 27, 2003.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2002-NM-58-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address: 9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2002-NM-58-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 or 2000 or
ASCII text.
The service information referenced in the proposed rule may be
obtained from British Aerospace Regional Aircraft American Support,
13850 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: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-1175; 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 action may be changed in
light of the comments received.
Submit comments using the following format:
[sbull] Organize comments issue by issue. For example, discuss a
request to change the compliance time and a request to change the
service bulletin reference as two separate issues.
[sbull] For each issue, state what specific change to the proposed
AD is being requested.
[sbull] Include justification (e.g., reasons or data) for each
request.
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 action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2002-NM-58-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. 2002-NM-58-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 all BAE Systems (Operations) Limited (Jetstream)
Model 4101 airplanes. The CAA advises that corrosion has been found on
seat rails located in the passenger cabin. The corrosion has been
attributed to fluid spillage and collection of debris inside the tracks
of the seat rails. Such corrosion, if not corrected, could result in
the reduced structural integrity of the passenger seats, detachment of
the seats from the seat rails, and injury to passengers.
Explanation of Relevant Service Information
BAE Systems (Operations) Limited has issued Service Bulletin J41-
53-050, dated January 25, 2002, which describes procedures for
repetitively inspecting the seat rails located in the passenger cabin,
two above and two below the floor panels, for evidence of damage
(missing paint from the frames or support angles) or corrosion;
repairing any damage or corrosion; and replacing any floor panels found
to be ``soft'' due to ingress of moisture. 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 005-01-2002 to ensure the continued airworthiness of these
airplanes in the United Kingdom.
[[Page 55322]]
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 actions specified in the service bulletin described previously,
except as discussed below.
Differences Between the Proposed AD and the Service Information
Although the service bulletin specifies that operators may contact
the manufacturer for disposition of certain repair conditions, this
proposal would require operators to repair those conditions per a
method approved by either the FAA or the CAA (or its delegated agent).
In light of the type of repair that would be required to address the
unsafe condition, and consistent with existing bilateral airworthiness
agreements, we have determined that, for this proposed AD, a repair
approved by either the FAA or the CAA would be acceptable for
compliance with this proposed AD.
Changes to 14 CFR Part 39/Effect on the Proposed AD
On July 10, 2002, the FAA issued a new version of 14 CFR part 39
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness
directives system. The regulation now includes material that relates to
altered products, special flight permits, and alternative methods of
compliance (AMOCs). Because we have now included this material in part
39, only the office authorized to approve AMOCs is identified in each
individual AD.
Change to Labor Rate Estimate
We have reviewed the figures we have used over the past several
years to calculate AD costs to operators. To account for various
inflationary costs in the airline industry, we find it necessary to
increase the labor rate used in these calculations from $60 per work
hour to $65 per work hour. The cost impact information, below, reflects
this increase in the specified hourly labor rate.
Cost Impact
The FAA estimates that 57 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 30 work
hours per airplane to accomplish the proposed inspection, and that the
average labor rate is $65 per work hour. Based on these figures, the
cost impact of the proposed AD on U.S. operators is estimated to be
$111,150, or $1,950 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. The cost impact figures
discussed in AD rulemaking actions represent only the time necessary to
perform the specific actions actually required by the AD. These figures
typically do not include incidental costs, such as the time required to
gain access and close up, planning time, or time necessitated by other
administrative actions.
Regulatory Impact
The regulations proposed herein 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. Therefore, it
is determined that this proposal would not have federalism implications
under Executive Order 13132.
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:
BAE Systems (Operations) Limited (Formerly British Aerospace
Regional Aircraft): Docket 2002-NM-58-AD.
Applicability: All Model Jetstream 4101 airplanes, certificated
in any category.
Compliance: Required as indicated, unless accomplished
previously.
To detect and correct corrosion on the seat rails for the
passenger seats, which could result in the reduced structural
integrity of the passenger seats, detachment of the seats from the
seat rails, and injury to passengers, accomplish the following:
Inspection and Corrective Actions
(a) Within 1 year after the effective date of this AD, do a
detailed inspection of the seat rails located in the passenger
cabin, two above and two below the floor panels, for evidence of
damage (missing paint from the frames or support angles) or
corrosion, in accordance with the Accomplishment Instructions of BAE
Systems (Operations) Limited Service Bulletin J41-53-050, dated
January 25, 2002.
Note 1: For the purposes of this AD, a detailed inspection is
defined as: ``An intensive visual examination of a specific
structural area, system, installation, or assembly to detect damage,
failure, or irregularity. Available lighting is normally
supplemented with a direct source of good lighting at intensity
deemed appropriate by the inspector. Inspection aids such as mirror,
magnifying lenses, etc., may be used. Surface cleaning and elaborate
access procedures may be required.''
(1) If no damage (missing paint from the frames or support
angles) or corrosion is found, repeat the detailed inspections
thereafter at intervals not to exceed 2 years.
(2) If any damage (missing paint from the frames or support
angles) is found, before further flight, re-protect the area per the
Accomplishment Instructions of the service bulletin.
(3) If any corrosion is found, before further flight, repair in
accordance with the Accomplishment Instructions of the service
[[Page 55323]]
bulletin. Where the service bulletin specifies that the manufacturer
may be contacted for disposition of certain repair conditions,
repair per a method approved by either the Manager, International
Branch, ANM-116, FAA, Transport Airplane Directorate; or the Civil
Aviation Authority (or its delegated agent).
(b) If any floor panels are found to be ``soft'' due to ingress
of moisture, before further flight, replace them in accordance with
the Accomplishment Instructions of the service bulletin.
Submission of Information to the Manufacturer Not Required
(c) Although the service bulletin referenced in this AD
specifies to submit information to the manufacturer, this AD does
not include such a requirement.
Alternative Methods of Compliance
(d) In accordance with 14 CFR 39.19, the Manager, International
Branch, ANM-116, FAA, is authorized to approve alternative methods
of compliance for this AD.
Note 2: The subject of this AD is addressed in British
airworthiness directive 005-01-2002.
Issued in Renton, Washington, on September 19, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-24286 Filed 9-24-03; 8:45 am]
BILLING CODE 4910-13-P