[Federal Register Volume 75, Number 244 (Tuesday, December 21, 2010)]
[Proposed Rules]
[Pages 79990-79992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31983]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-1255; Directorate Identifier 2010-CE-059-AD]
RIN 2120-AA64
Airworthiness Directives; B-N Group Ltd. Model BN-2, BN-2A, BN-
2A-2, BN-2A-3, BN-2A-6, BN-2A-8, BN-2A-9, BN-2A-20, BN-2A-21, BN-2A-26,
BN-2A-27, BN-2B-20, BN-2B-21, BN-2B-26, BN-2B-27, BN-2T, and BN-2T-4R
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:
An event has been reported where Glass Fibre Reinforced Plastic
(GFRP) elevator tips have been found deformed on in-service
aircraft. The outboard three inches of the elevator tip assembly
profiles (top and bottom surfaces) had changed from being convex
profiles to concave profiles. There is concern that this could
potentially result in, or be caused by, internal structural
delamination and/or failure. Such a failure could have a serious
effect on the aircraft handling and could potentially result in loss
of control of the aircraft.
The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by February 4,
2011.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Airworthiness, Britten-Norman Aircraft Ltd., Bembridge Airport, Isle of
Wight, PO35 5PR, United Kingdom; telephone: +44(0) 20 3371 4000; fax:
+44(0) 20 3371 4001; e-mail: [email protected]. You may review
copies of the referenced service information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 64106. For information
on the availability of this material at the FAA, call 816-329-4148.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.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 this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone (800) 647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT: Taylor Martin, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4138; fax: (816) 329-4090.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES. section. Include ``Docket No. FAA-2010-
1255; Directorate Identifier 2010-CE-059-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued AD
No.: 2009-0105R2, dated March 9, 2010 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:
An event has been reported where Glass Fibre Reinforced Plastic
(GFRP) elevator tips have been found deformed on in-service
aircraft. The outboard three inches of the elevator tip assembly
profiles (top and bottom surfaces) had changed from being convex
profiles to concave profiles. There is concern that this could
potentially result in, or be caused by, internal structural
delamination and/or failure. Such a failure could have a serious
effect on the aircraft handling and could potentially result in loss
of control of the aircraft.
For the reasons stated above, the initial issue of this AD (AD
2009-0105) mandated inspection of the GFRP elevator tips and
replacement of any deformed parts.
Its Revision 1 (AD 2009-0105R1) extends the compliance time by
three months.
Its Revision 2 (AD 2009-0105R2) extends the compliance time by
an additional three months.
Relevant Service Information
Britten-Norman Aircraft Limited has issued Service Bulletin Number
BN-2/SB 313, Issue 3, dated February 24, 2009; Drawing NB-31-235, Issue
13; Drawing NB-31-873, Issue 2; and Drawing NB-31-0906, Issue 3. The
actions described in this service information are intended to correct
the unsafe condition identified in the MCAI.
FAA's Determination and Requirements of the Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.
[[Page 79991]]
Differences Between This Proposed 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 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 proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.
Costs of Compliance
We estimate that this proposed AD will affect 135 products of U.S.
registry. We also estimate that it would take about 2 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour. Required parts would cost
about $10,000 per product.
Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $1,372,950, or $10,170 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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
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); 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 proposed AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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 AD:
B-N Group Ltd.: Docket No. FAA-2010-1255; Directorate Identifier
2010-CE-059-AD.
Comments Due Date
(a) We must receive comments by February 4, 2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to B-N Group Ltd. Models BN-2, BN-2A, BN-2A-
2, BN-2A-3, BN-2A-6, BN-2A-8, BN-2A-9, BN-2A-20, BN-2A-21, BN-2A-26,
BN-2A-27, BN-2B-20, BN-2B-21, BN-2B-26, BN-2B-27, BN-2T, and BN-2T-
4R airplanes, all serial numbers, certificated in any category.
Subject
(d) Air Transport Association of America (ATA) Code 27: Flight
Controls.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
An event has been reported where Glass Fibre Reinforced Plastic
(GFRP) elevator tips have been found deformed on in-service
aircraft. The outboard three inches of the elevator tip assembly
profiles (top and bottom surfaces) had changed from being convex
profiles to concave profiles. There is concern that this could
potentially result in, or be caused by, internal structural
delamination and/or failure. Such a failure could have a serious
effect on the aircraft handling and could potentially result in loss
of control of the aircraft.
For the reasons stated above, the initial issue of this AD (AD
2009-0105) mandated inspection of the GFRP elevator tips and
replacement of any deformed parts.
Its Revision 1 (AD 2009-0105R1) extends the compliance time by
three months.
Its Revision 2 (AD 2009-0105R2) extends the compliance time by
an additional three months.
Actions and Compliance
(f) Unless already done, do the following actions:
(1) Before further flight after the effective date of this AD,
visually inspect for deformation of shape and signs of concavity the
elevator tip assemblies (top and bottom surfaces) as instructed in
paragraphs 6 and 9 of Britten-Norman Aircraft Limited Service
Bulletin Number BN-2/SB 313, Issue 3, dated February 24, 2009. If no
sign of deformity or concavity is found as a result of the
inspection required by paragraph (f)(1) of this AD, no further
action is required by this AD except for the requirements of
paragraph (f)(3) of this AD.
(2) If signs of deformation or concavity are found, before
further flight, inspect for delamination the elevator tip as
instructed in paragraph 9 of Britten-Norman Aircraft Limited Service
Bulletin Number BN-2/SB 313, Issue 3, dated February 24, 2009.
(i) If delamination is found as a result of any inspection
required by this AD, before further flight, replace the elevator tip
with a serviceable elevator tip following Britten-Norman Ltd.
Drawing NB-31-235, Issue 13; Britten-Norman Ltd. Drawing NB-31-873,
Issue 2; or Britten-Norman Ltd. Drawing NB-0906, Issue 3, as
applicable to airplane models.
(ii) If no delamination is found as a result of any inspection
required by this AD, at intervals not to exceed 50 hours time-in-
service (TIS) and until accomplishment of paragraph (f)(2)(iii) of
this AD, inspect for delamination the elevator tip as instructed in
paragraph 9 of Britten-Norman Aircraft Limited Service Bulletin
Number BN-2/SB 313, Issue 3, dated February 24, 2009.
(iii) Within 12 months after the effective date of this AD,
unless already done as required by paragraph (f)(2)(i) of this AD,
replace the elevator tip with a serviceable elevator tip following
Britten-Norman Ltd. Drawing NB-31-235, Issue 13; Britten-Norman Ltd.
Drawing NB-31-873, Issue 2; or Britten-Norman Ltd. Drawing NB-31-
0906, Issue 3, as applicable to airplane models.
(3) After the effective date of this AD, do not install elevator
tips on any airplane, unless they have already been inspected in
accordance with Britten-Norman Aircraft Limited Service Bulletin
Number BN-2/SB 313, Issue 3, dated February 24, 2009, and determined
to be free from concavity and delamination.
[[Page 79992]]
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Taylor Martin, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4138; fax: (816) 329-4090. Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
(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.
(3) Reporting Requirements: For any reporting requirement in
this AD, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.
Related Information
(h) Refer to MCAI EASA AD No.: 2009-0105R2, dated March 9, 2010;
Britten-Norman Aircraft Limited Service Bulletin Number BN-2/SB 313,
Issue 3, dated February 24, 2009, Britten-Norman Ltd. Drawing NB-31-
235, Issue 13; Britten-Norman Ltd. Drawing NB-31-873, Issue 2; and
Britten-Norman Ltd. Drawing NB-31-0906, Issue 3. For service
information related to this AD, contact Airworthiness, Britten-
Norman Aircraft Ltd., Bembridge Airport, Isle of Wight, PO35 5PR,
United Kingdom; telephone: +44(0) 20 3371 4000; fax: +44(0) 20 3371
4001; e-mail: [email protected]. You may review copies of
the referenced service information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
816-329-4148.
Issued in Kansas City, Missouri, on December 14, 2010.
William J. Timberlake,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-31983 Filed 12-20-10; 8:45 am]
BILLING CODE 4910-13-P