The FAA proposed to amend 14 CFR Part 39 with an AD for all BAE Systems (Operations) Limited (Jetstream) Model 4101 airplanes. That action, published in the Federal Register on December 1, 2004 (69 FR 69834), proposed to require repetitive detailed inspections of the aft fuselage frames for any discrepancies, and any applicable corrective actions.
Comments
We provided the public the opportunity to participate in the development of this AD. We have considered the single comment that was submitted on the proposed AD.
Request To Revise Discussion Section
The commenter requests that we revise the Discussion section of the proposed AD. The commenter suggests that the sentence that describes the area where corrosion may occur should read, "This corrosion occurs on frame areas below floor panel level, between frames 434 and 555, particularly in the vicinity of the toilet, galley, and baggage door due to the ingress of water or liquid." The commenter's suggestion points out that, though corrosion particularly occurs in the vicinity of the toilet, galley, and baggage door, it may also occur over a wider area.
We acknowledge that the commenter's suggestion is accurate. However, the Discussion section is not restated in the final rule. Thus, we have made no change to the final rule.
Explanation of Change to This AD
We have revised the applicability statement in paragraph (c) of this AD to identify model designations as published in the most recent type certificate data sheet for the affected models.
Conclusion
We have carefully reviewed the available data, including the comment that was submitted, and determined that air safety and the public interest require adopting the AD with the change described previously. We have determined that this change will neither increase the economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
This AD will affect about 57 airplanes of U.S. registry. The required inspections will take about 30 work hours per airplane, at an average labor rate of $65 per work hour. Based on these figures, the estimated cost of this AD for U.S. operators is $111,150, or $1,950 per airplane, per inspection cycle.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, "General requirements." Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authoritybecause it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.
Regulatory Findings
We have determined that this AD will not have federalism implications under Executive Order 13132. This AD 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.
For the reasons discussed above, I certify that this AD:
(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.
We prepared a regulatory evaluation of the estimated costs to comply with this AD. See the ADDRESSES section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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. The FAA amends Sec. 39.13 by adding the following new airworthiness directive (AD):