AD 97-07-08

[Federal Register Volume 62, Number 65 (Friday, April 4, 1997)]
[Rules and Regulations]
[Pages 16069-16070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8265]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 96-NM-131-AD; Amendment 39-9982; AD 97-07-08]
RIN 2120-AA64


Airworthiness Directives; 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 certain Jetstream Model 4101 airplanes, that requires the 
replacement of weight limitation placards in the aft main baggage bay 
and in the aft right stowage compartment with new placards indicating 
lower maximum weight limits. It also requires a revision of the 
Airplane Flight Manual to delete references to the current higher 
weight limits for these areas. This amendment is prompted by a report 
indicating that existing weight limitations could result in failure of 
the front bulkhead of the aft main baggage bay and doors of the aft 
right stowage compartment during emergency dynamic landing conditions. 
The actions specified by this AD are intended to prevent such failure, 
which consequently could result in injury to passengers and flight 
crew, and hinder evacuation of the airplane through the exit adjacent 
to this bulkhead.

DATES: Effective May 9, 1997.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 9, 1997.

ADDRESSES: The service information referenced in this AD may be 
obtained from Jetstream Aircraft, Inc., P.O. Box 16029, Dulles 
International Airport, Washington, DC 20041-6029. 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 Office of the Federal Register, 800 North Capitol 
Street, NW., Suite 700, Washington, DC.

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: 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 certain Jetstream Model 4101 
airplanes was published in the Federal Register on December 6, 1996 (61 
FR 64643). That action proposed to require removal of the weight 
limitation placards in the aft main baggage bay and aft right stowage 
compartment, and replacement with new placards that establish lower 
maximum weight limits in these areas. It also proposed to require a 
revision to the AFM for certain airplanes that would remove references 
to higher weight limits in effect before the new placards are 
installed.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Support for the Proposal

    One commenter supports the proposed AD.

Request to Withdraw Proposal

    One commenter requests that the proposal be withdrawn since there 
would be no U.S. airplanes subject to it. The commenter points out that 
the applicability statement of the proposal indicates that airplanes 
listed in Jetstream Service Bulletin J41-11-004 would be subject to the 
AD. However, that service bulletin states that it does not affect any 
airplanes on which the procedures specified in Jetstream Service 
Bulletin J41-53-006 have been accomplished. The commenter states that 
only 18 U.S. airplanes would be applicable to the proposed AD, and all 
of those airplanes are owned by one U.S. operator (the commenter). All 
of these airplanes have been modified in accordance with Jetstream 
Service Bulletin J41-53-006. In light of this, the proposal would not 
be applicable to any U.S. airplane and, therefore, should be withdrawn.
    The FAA does not concur with the commenter's request to withdraw 
the proposal, for the following reasons:
    First, the FAA acknowledges that the Cost Impact section of the 
preamble to the notice erroneously indicated that 44 airplanes would be 
affected by the proposed AD; although this number was in error, the 
correct number of airplanes affected is 25, not 18, as stated by the 
commenter. (The referenced Jetstream Service Bulletin J41-11-014 also 
lists a total of 25 possibly affected airplanes.) Accordingly, the Cost 
Impact information, below, has been corrected to show that 25 airplanes 
are affected by the requirements of the AD.
    Second, the FAA has no evidence to prove that all 25 affected 
airplanes have been modified in accordance with Jetstream Service 
Bulletin J41-53-006, and thus would not be subject to the AD.
    Third, even if all affected airplanes have been modified in 
accordance with Jetstream Service Bulletin J41-53-006, the issuance of 
this AD is still necessary to make it mandatory that the correct 
placards are installed and the AFM revision is accomplished on all 
affected airplanes on the U.S. register. This AD is also required to 
ensure that, if the modification described in Service Bulletin J41-53-
006 is removed from a modified airplane at a later date, the placards 
and AFM revision required by this AD are implemented.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule as proposed.

Cost Impact

    The FAA estimates that 25 Jetstream Model 4101 airplanes of U.S. 
registry will be affected by this AD, that it will take approximately 1 
work hour per airplane to accomplish the required actions, and that the 
average labor rate is $60 per work hour. Required parts will be 
provided by the manufacturer at no cost to operators. Based on these 
figures, the cost impact of the AD on

[[Page 16070]]

U.S. operators is estimated to be $1,500, or $60 per airplane.
    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.

Regulatory Impact

    The regulations adopted herein will 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 final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    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

    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

    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:

    97-07-08  Jetstream Aircraft Limited: Amendment 39-9982. Docket 
96-NM-131-AD.

    Applicability: Model 4101 airplanes, as listed in Jetstream 
Service Bulletin J41-11-014, dated January 18, 1996; 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 failure of the front bulkhead of the aft main baggage 
bay and the doors of the aft right stowage compartment during 
emergency landing dynamic conditions, which consequently could 
result in injury to passengers and flight crew and hinder evacuation 
of the airplane through the exit adjacent to the bulkhead, 
accomplish the following:
    (a) For all airplanes: Within 30 days after the effective date 
of this AD, replace the weight limitation placards in the aft main 
baggage bay and aft right stowage compartment with new placards 
indicating lower maximum weight limitations, in accordance with 
Jetstream Service Bulletin J41-11-014, dated January 18, 1996.
    (b) For airplanes having constructor numbers 41041 through 41043 
inclusive, 41045, 41055, 41058, 41059, 41063, and 41064: Within 30 
days after the effective date of this AD, after accomplishment of 
the requirements of paragraph (a) of this AD, revise the FAA-
approved Airplane Flight Manual by removing Amendment P25, in 
accordance with Jetstream Service Bulletin J41-11-014, dated January 
18, 1996.
    (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.
    (e) The actions shall be done in accordance with Jetstream 
Service Bulletin J41-11-014, dated January 18, 1996. 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 Jetstream Aircraft, Inc., P.O. Box 
16029, Dulles International Airport, Washington, DC 20041-6029. 
Copies may be inspected at the FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington; or at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.
    (f) This amendment becomes effective on May 9, 1997.

    Issued in Renton, Washington, on March 26, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-8265 Filed 4-3-97; 8:45 am]
BILLING CODE 4910-13-U