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One commenter requests that the proposal be withdrawn since there would be no U.S. airplanes subject to it.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 In light of this, the proposal would not be applicable to any U.S. airplane and, therefore, should be withdrawn.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, ifthe 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 hours 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 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.
39.13 - [Amended]
2. Section 39.13 is amended by adding the following new airworthiness directive: