Rules and Regulations. Final rule

Agency: Federal Aviation Administration, DOT
Action: Final rule
Citation: FR Doc. 01-19252 · RIN 2120-AA64 · Docket No. 2000-NM-211-AD; Amendment 39-12363; AD 2001-15-28 · 14 CFR 39

Summary

This amendment adopts a new airworthiness directive (AD), applicable to certain BAe Systems (Operations) Limited Model Avro 146-RJ series airplanes, that requires modification of the passenger service units. The actions specified by this AD are intended to prevent failure of the passenger service units to deliver oxygen to the passengers in the event of decompression of the airplane, which could result in injury to the passengers. This action is intended to address the identified unsafe condition.

Dates

Effective September 10, 2001. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of September 10, 2001.

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 BAe Systems (Operations) Limited Model Avro 146-RJ series airplanes was published in the Federal Register on May 1, 2001 (66 FR 21703). That action proposed to require modification of the passenger service units. Comments Interested persons have been afforded an opportunity to participate in the making of this amendment. No comments have been received. Conclusion 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 40 Model BAe Systems (Operations) Limited Model Avro 146-RJ series airplanes of U.S. registry will be affected by this AD, that it will take approximately 5 work hours per airplane to accomplish the required actions, and that the average labor rate is $60 per work hour. Required parts will be provided at no cost to the operators. Based on these figures, the cost impact of the AD on U.S. operators is estimated to be $12,000, or $300 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. 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 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. § 39.13 [Amended] 2. Section 39.13 is amended by adding the following new airworthiness directive: 2001-15-28 BAE Systems (Operations) Limited (Formerly British Aerospace Regional Aircraft): Amendment 39-12363. Docket 2000-NM-211-AD. Applicability: Model Avro 146-RJ series airplanes, certificated in any category, as listed in BAe Systems (Operations) Limited Service Bulletin SB.25-418-36215A, Revision 1, dated October 17, 2000. 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 (b) 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 passenger service units (PSUs) to deliver oxygen to the passengers in the event of decompression of the airplane, which could result in injury to the passengers, accomplish the following: Modification (a) Within 90 days after the effective date of this AD, modify the PSUs by relocating the lanyard, in accordance with Bae Systems (Operations) Limited Service Bulletin SB.25-418-36215A, dated April 5, 2000; or Revision 1, dated October 17, 2001. Alternative Methods of Compliance (b) 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. Special Flight Permits (c) 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. Incorporation by Reference (d) The modification shall be done in accordance with BAe Systems (Operations) Limited Service Bulletin SB.25-418-36215A, dated April 5, 2000; or BAe Systems (Operations) Limited Service Bulletin SB.25-418-36215A, Revision 1, dated October 17, 2000. Revision 1 of BAe Systems (Operations) Limited Service Bulletin SB.25-418-36215A contains the following effective pages: Page No. Revision level shown on page Revision date 1, 9 1 October 17, 2000. 2-8, 10, 11 Original April 5, 2000. (The revision date is listed only on the first page of the document; no other page contains this information.) 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 Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. Note 3: The subject of this AD is addressed in British airworthiness directive 004-04-2000. Effective Date (e) This amendment becomes effective on September 10, 2001. Issued in Renton, Washington, on July 25, 2001. Vi L. Lipski, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 01-19252 Filed 8-3-01; 8:45 am]