Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations 54803 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0489; Directorate 

Identifier 2011–NM–229–AD; Amendment 

39–17174; AD 2012–17–11] 

RIN 2120–AA64 

Airworthiness Directives; BAE 

SYSTEMS (Operations) Limited 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all BAE 

SYSTEMS (Operations) Limited Model 

4101 airplanes. This AD was prompted 

by reports that the fire extinguisher in 

the toilet vanity unit needs to be 

mounted vertically rather than 

horizontally. This AD requires 

inspecting to determine if a certain fire 

extinguisher bottle is installed, and 

repositioning the affected fire 

extinguisher bottle to the vertical 

position. We are issuing this AD to 

detect and correct the orientation of the 

fire extinguisher bottle in the toilet 

vanity unit to the vertical position, 

which if not corrected, could result in 

a toilet waste bin fire spreading, and 

consequent damage to the airplane and 

injury to its occupants. 

DATES: This AD becomes effective 

October 11, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of October 11, 2012. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; telephone: (425) 227–1175; 

fax: (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on May 21, 2012 (77 FR 29914). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

The Jetstream 4100 is equipped with a fire 

extinguisher that, if a fire is detected, 

discharges into the waste bin located within 

the toilet vanity unit. 

On the majority of aeroplanes, the 

furnishing vendor’s original design installs 

the fire extinguisher bottle part number (P/ 

N) BA20509AM–4 in a horizontal position 

within the vanity unit. BAE Systems have 

subsequently been informed by the fire 

extinguisher manufacturer that the fire 

extinguisher bottle should be mounted 

vertically, as its operation cannot be 

guaranteed when mounted horizontally. In 

the event of a fire in the waste bin the 

extinguishant may not fully discharge from 

the fire extinguisher bottle. 

This condition, if not corrected, could 

result in a toilet waste bin fire propagation 

and consequent damage to the aeroplane 

and/or injury to its occupants. 

For the reasons described above, this 

[European Aviation Safety Agency (EASA)] 

AD requires [an inspection to determine if a 

certain fire extinguisher is installed and] the 

repositioning of the fire extinguisher bottle 

from a horizontal orientation to a vertical 

orientation. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM (77 

FR 29914, May 21, 2012) or on the 

determination of the cost to the public. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed—except for minor editorial 

changes. We have determined that these 

minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM (77 FR 

29914, May 21, 2012) for correcting the 

unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (77 FR 29914, 

May 21, 2012). 

Costs of Compliance 

We estimate that this AD will affect 4 

products of U.S. registry. We also 

estimate that it will take about 8 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Required parts will cost about $170 per 

product. Where the service information 

lists required parts costs that are 

covered under warranty, we have 

assumed that there will be no charge for 

these parts. As we do not control 

warranty coverage for affected parties, 

some parties may incur costs higher 

than estimated here. Based on these 

figures, we estimate the cost of this AD 

to the U.S. operators to be $3,400, or 850 

per product. 

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 authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We 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 the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 

3. Will not affect intrastate aviation in 

Alaska; and 

4. 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 and placed it in the AD docket. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains the NPRM (77 FR 29914, May 

21, 2012), the regulatory evaluation, any 


TKELLEY on DSK3SPTVN1PROD with RULES
54804 Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations 

comments received, and other 

information. The street address for the 

Docket Operations office (telephone 

(800) 647–5527) is in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2012–17–11 BAE SYSTEMS (Operations) 

Limited: Amendment 39–17174. Docket 

No. FAA–2012–0489; Directorate Identifier 

2011–NM–229–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective October 11, 2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to BAE SYSTEMS 

(Operations) Limited Model 4101 airplanes, 

certificated in any category, all serial 

numbers. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 26, Fire Protection. 

(e) Reason 

This AD was prompted by reports that the 

fire extinguisher of the toilet vanity unit 

needs to be mounted vertically, rather than 

horizontally. We are issuing this AD to detect 

and correct the orientation of the fire 

extinguisher bottle in the toilet vanity unit to 

the vertical position, which if not corrected, 

could result in a toilet waste bin fire 

spreading, and consequent damage to the 

airplane and injury to its occupants. 

(f) Compliance 

You are responsible for having the actions 

required by this AD performed within the 

compliance times specified, unless the 

actions have already been done. 

(g) Actions 

Within 2 months after the effective date of 

this AD, determine from the table specified 

in paragraph 2.A.(1) of BAE SYSTEMS 

(Operations) Limited Service Bulletin J41– 

26–008, Revision 2, dated September 20, 

2011, if fire extinguisher bottle part number 

(P/N) BA20509AM–4 is fitted to the airplane. 

If a fire extinguisher bottle P/N BA20509AM– 

4 is fitted, before further flight, reposition the 

fire extinguisher bottle, in accordance with 

the Accomplishment Instructions of BAE 

SYSTEMS (Operations) Limited Service 

Bulletin J41–26–008, Revision 2, dated 

September 20, 2011. 

(h) Credit for Previous Actions 

This paragraph provides credit for the 

actions required by paragraph (g) of this AD, 

if those actions were performed before the 

effective date of this AD using BAE 

SYSTEMS (Operations) Limited Service 

Bulletin J41–26–008, dated October 5, 2010; 

or BAE SYSTEMS (Operations) Limited 

Service Bulletin J41–26–008, Revision 1, 

dated April 12, 2011. 

(i) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it to ATTN: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

telephone: (425) 227–1175; fax: (425) 227– 

1149. 

Information may be emailed to: 9-ANM116-AMOC-REQUESTS@faa.gov. Before 

using any approved AMOC, notify your 

appropriate principal inspector, or lacking a 

principal inspector, the manager of the local 

flight standards district office/certificate 

holding district office. The AMOC approval 

letter must specifically reference this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(j) Related Information 

Refer to MCAI European Aviation Safety 

Agency (EASA) Airworthiness Directive 

2011–0194, dated October 6, 2011; and BAE 

SYSTEMS (Operations) Limited Service 

Bulletin J41–26–008, Revision 2, dated 

September 20, 2011; for related information. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) BAE SYSTEMS (Operations) Limited 

Service Bulletin J41–26–008, Revision 2, 

dated September 20, 2011. 

(ii) Reserved. 

(3) For service information identified in 

this AD, contact BAE SYSTEMS (Operations) 

Limited, Customer Information Department, 

Prestwick International Airport, Ayrshire, 

KA9 2RW, Scotland, United Kingdom; 

telephone +44 1292 675207; fax +44 1292 

675704; email

RApublications@baesystems.com; Internet 

http://www.baesystems.com/Businesses/ 

RegionalAircraft/index.htm. 

(4) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

WA. For information on the availability of 

this material at the FAA, call 425–227–1221. 

(5) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at an NARA facility, call 202–741– 

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on August 

22, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–21288 Filed 9–5–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–0456; Airspace 

Docket No. 12–AEA–9] 

Amendment of Class D and Class E 

Airspace; Lakehurst, NJ; Correction 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule: technical 

amendment, correction. 

SUMMARY: This action corrects the 

geographic coordinates in the airspace 

description of a final rule, published in 

the Federal Register on July 10, 2012, 

amending controlled airspace at 

Lakehurst Naval Support Activity/ 

Maxfield Field (Joint Base McGuire-DixLakehurst). 

DATES: Effective date: 0901 UTC. 

September 20, 2012. The Director of the 

Federal Register approves this 

incorporation by reference action under 

title 1, Code of Federal Regulations, part 

51, subject to the annual revision of 

FAA Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 


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