[Federal Register: August 14, 2006 (Volume 71, Number 156)]
[Rules and Regulations]
[Page 46395-46396]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14au06-6]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-22420; Directorate Identifier 2005-CE-47-AD;
Amendment 39-14719; AD 2006-16-19]
RIN 2120-AA64
Airworthiness Directives; B-N Group Ltd. BN-2, BN-2A, BN-2B, BN-
2T, and BN-2T-4R Series (All Individual Models Included in Type
Certificate Data Sheet (TCDS) A17EU, Revision 16, Dated December 9,
2002) Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by an airworthiness authority
of another country to identify and correct an unsafe condition on an
aviation product. We are issuing this AD to require actions to correct
the unsafe condition on these products.
DATES: This AD becomes effective September 18, 2006.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 18,
2006.
ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov
or in person at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif Building,
Room PL-401, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Taylor Martin, Aerospace Safety
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas
City, Missouri 64106; telephone: (816) 329-4138; facsimile: (816) 329-
4090.
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 June 6, 2006 (71 FR
32492). That NPRM proposed to require an inspection of the internal
surface of the elevator system final drive control rod and replacement
if found corroded.
Comments
We gave the public the opportunity to participate in developing
this AD. We have considered the comment received.
The Modification and Replacement Parts Association (MARPA) provides
comments to the MCAI AD process pertaining to how the FAA addresses
parts manufacturer approval (PMA) parts. The commenter would like to
see the FAA more fully address the intent of the AD as it affects PMA
alternatives to the unsafe Original Equipment Manufacturer (OEM) part.
We acknowledge the need to ensure that unsafe PMA parts are
identified and addressed in MCAI-related ADs. We are currently
examining all aspects of this issue, including input from industry.
Once we have made a final determination, we will consider how our
policy regarding PMA parts in ADs needs to be revised. We consider that
to delay this AD action would be inappropriate since we have determined
that an unsafe condition exists and that replacement of certain parts
must be accomplished to ensure continued safety.
We have not changed the final rule AD action based on this comment.
Conclusion
We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD as proposed.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable in a U.S. court of
law. In making these changes, we do not intend to differ substantively
from the information provided in the MCAI and related service
information.
We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are described in a separate paragraph of the AD. These requirements, if
any, take precedence over the actions copied from the MCAI.
Costs of Compliance
Based on the service information, we estimate that this AD will
affect about 91 products of U.S. registry. We also estimate that it
will take about 5 work-hours per product to do the action and that the
average labor rate is $80 per work-hour. Required parts will cost about
$1,000 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 costs. 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
on U.S. operators to be $127,400, or $1,400 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
[[Page 46396]]
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 and placed it in the AD Docket.
Examining the AD Docket
You may examine the AD docket on the Internet at http://dms.dot.gov
; or in person at the Docket Management Facility between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains the NPRM, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (telephone (800) 647-5227) 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
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
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]
0
2. The FAA amends Sec. 39.13 by adding the following new AD:
2006-16-19 B-N Group Ltd.: Amendment 39-14719; Docket No. FAA-2005-
22420; Directorate Identifier 2005-CE-47-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective
September 18, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all BN-2, BN-2A, BN-2B, BN-2T, and BN-2T-
4R Series (all individual models included in Type Certificate Data
Sheet (TCDS) A17EU, Revision 16, dated December 9, 2002) airplanes;
certificated in any U.S. category.
Reason
(d) The aircraft manufacturer has identified several cases of
corroded elevator final drive control rods. If not corrected
corrosion of the interior surface could result in failure or
collapse of the rod, resulting in loss of control or jamming of the
elevator system. The mandatory continuing airworthiness information
(MCAI) requires an inspection of the internal surface of the
elevator system final drive control rod and replacement if found
corroded.
Actions and Compliance
(e) Unless already done, do the following except as stated in
paragraph (f) below.
(1) Within the next 50 hours time-in-service or one month after
the effective date of this AD, whichever occurs first, inspect the
internal surface of the elevator system final drive control rod, in
accordance with B-N Group Ltd. Britten-Norman Service Bulletin SB
number 303, Issue 1, dated May 14, 2004.
(2) If corrosion is found, the elevator control rod must be
replaced before further flight.
FAA AD Differences
(f) When complying with this AD, repeat the actions in
paragraphs (e)(1) and (e)(2) of this AD at intervals not to exceed
12 months.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Staff, FAA, ATTN: Taylor Martin, Aerospace Safety
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301,
Kansas City, Missouri 64106; telephone: (816) 329-4138; fax: (816)
329-4090, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19.
(2) Return to Airworthiness: When complying with this AD,
perform FAA-approved corrective actions before returning the product
to an airworthy condition.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.
Related Information
(h) This AD is related to MCAI United Kingdom Airworthiness
Directive No: G-2004-0011, Issued Date: May 25, 2004, which
references B-N Group Ltd. Britten-Norman Service Bulletin SB number
303, Issue 1, dated May 14, 2004, for information on required
actions.
Material Incorporated by Reference
(i) You must use B-N Group Ltd. Britten-Norman Service Bulletin
SB number 303, Issue 1, dated May 14, 2004, to do the actions
required by this AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact the
B-N Group Ltd, Bembridge Airport, Isle of Wright, United Kingdom,
PO35 5PR; telephone: 0870 881 5064; facsimile: 0870 881 5065; e-
mail: structural@britten-norman.com.
(3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri
64106; or at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html
.
Issued in Kansas City, Missouri, on August 4, 2006.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-13015 Filed 8-11-06; 8:45 am]
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