[Federal Register: May 5, 2004 (Volume 69, Number 87)]
[Rules and Regulations]
[Page 24950-24952]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05my04-11]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-58-AD; Amendment 39-13607; AD 2004-09-18]
RIN 2120-AA64
Airworthiness Directives; BAE Systems (Operations) Limited
(Jetstream) Model 4101 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to all BAE Systems (Operations) Limited (Jetstream) Model
4101 airplanes, that requires 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: Effective June 9, 2004.
The incorporation by reference of a certain publication listed in
the regulations is approved by the Director of the Federal Register as
of June 9, 2004.
ADDRESSES: The service information referenced in this AD may be
obtained from British Aerospace Regional Aircraft American Support,
13850 Mclearen Road, Herndon, Virginia 20171. This information may be
examined at the Federal Aviation Administration (FAA), Transport
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton,
Washington; or at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA,
call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
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: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to all BAE Systems (Operations)
Limited (Jetstream) Model 4101 airplanes was published in the Federal
Register on September 25, 2003 (68 FR 55321). That action proposed to
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.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received from a single commenter.
Request To Withdraw Proposed AD
The commenter, an operator, states that the proposed AD is an
unnecessary burden to operators. The commenter suggests that instead of
an issuing an AD, the maintenance review board (MRB) report be revised
to include the actions required by the proposed AD. The commenter
states that it currently performs numerous corrosion inspections on its
fleet of Jetstream Model 4101 airplanes using procedures specified in
the commenter's maintenance programs. The commenter also notes that BAE
Systems (Operations) Limited Service Bulletin J41-53-050, dated January
25, 2002, specifies that when the inspection and procedure recommended
in the service bulletin are published in the MRB report and the
maintenance planning document (MPD), the service bulletin will be
canceled.
The FAA infers that the commenter is requesting that the proposed
AD be withdrawn. We do not agree. The procedures specified in MRB
reports are not mandatory. Therefore, we must issue an AD to ensure
that the identified unsafe condition is properly addressed. We
acknowledge that some operators may currently have maintenance programs
which address the unsafe condition. If a program is adequate, an
operator would already be in compliance with the AD, or would be in a
position to obtain approval for an alternative method of compliance
with the AD (i.e., to follow the operator's current program rather than
revise it to comply with the AD). Our obligation to issue the AD and
address an unsafe condition remains, however; the rule must apply to
everyone to ensure that all affected airplanes are covered, regardless
of who operates them. Furthermore, the airworthiness authority for the
state of design issued an airworthiness directive mandating the same
actions required by this AD.
Request To Revise Cost Impact Information
The commenter notes that the figure in the cost impact section of
the proposed AD does not include incidental costs, such as the time
required to gain access and close up an airplane. The commenter states
that these costs are not incidental, and that the majority of time
required to perform the detailed inspection required by the proposed AD
involves removing and reinstalling the lavatory, galley, passenger
cabin seats, carpets, and cabin floor panels, to gain access to and
close
[[Page 24951]]
up the areas to be inspected. The commenter also states that 30 work
hours to perform the detailed inspection is not a true depiction of the
required man hours, and that 300 work hours would be more accurate.
We infer that the commenter is requesting that the cost impact
section of the proposed AD be revised. We do not agree. As stated in
the proposed AD, ``the 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.'' The specific action required by the proposed AD is a
repetitive detailed inspection of the seat rails located in the
passenger cabin. The time necessary for gaining access to and closing
the inspection area is incidental. The final rule has not been changed
regarding this issue.
Conclusion
After careful review of the available data, including the comments
noted above, we have determined that air safety and the public interest
require the adoption of the rule as proposed.
Cost Impact
The FAA estimates that 57 airplanes of U.S. registry will be
affected by this AD, that it will take approximately 30 work hours per
airplane to accomplish the required inspection, and that the average
labor rate is $65 per work hour. Based on these figures, the cost
impact of the AD on U.S. operators is estimated to be $111,150, or
$1,950 per airplane, per inspection cycle.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the 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 adopted herein 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. Therefore, it
is determined that this final rule does not have federalism
implications under Executive Order 13132.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new airworthiness
directive:
2004-09-18 BAE Systems (Operations) Limited (Formerly British
Aerospace Regional Aircraft): Amendment 39-13607. 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 inspection
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. Repeat the
detailed inspection thereafter at intervals not to exceed 2 years.
(3) If any corrosion is found, before further flight, repair in
accordance with the Accomplishment Instructions of the service
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). Repeat the detailed
inspection thereafter at intervals not to exceed 2 years.
(b) During any inspection required by paragraph (a) of this AD:
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 BAE Systems (Operations) Limited
Service Bulletin J41-53-050, dated January 25, 2002.
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.
Incorporation by Reference
(e) Unless otherwise specified in this AD, the actions shall be
done in accordance with BAE Systems (Operations) Limited Service
Bulletin J41-53-050, dated January 25, 2002. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be
obtained from British Aerospace Regional Aircraft American Support,
13850 Mclearen Road, Herndon, Virginia 20171. Copies may be
inspected at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
[[Page 24952]]
Note 2: The subject of this AD is addressed in British
airworthiness directive 005-01-2002.
Effective Date
(f) This amendment becomes effective on June 9, 2004.
Issued in Renton, Washington, on April 26, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-10020 Filed 5-4-04; 8:45 am]
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