[Federal Register: November 9, 2006 (Volume 71, Number 217)]
[Rules and Regulations]
[Page 65714-65716]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09no06-4]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25668; Directorate Identifier 2006-CE-44-AD;
Amendment 39-14815; AD 2006-23-03]
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), DOT.
ACTION: Final rule.
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SUMMARY: The FAA adopts a new airworthiness directive (AD) for all 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. This AD requires you to
inspect the horizontal stabilizer attachment bolts and anchor nuts for
damage and wear and replace damaged and/or worn parts with new,
modified parts. If no damaged or worn parts are found during the
inspection, this AD requires you to replace the horizontal stabilizer
attachment bolts and anchor nuts at a specified time with new, modified
parts. This AD results from mandatory continuing airworthiness
information (MCAI) issued by the airworthiness authority for the United
Kingdom. We are issuing this AD to detect and correct damaged and/or
worn horizontal stabilizer attachment bolts and anchor nuts, which
could result in failure of the horizontal stabilizer. This failure
could result in loss of control.
DATES: This AD becomes effective on December 14, 2006.
As of December 14, 2006, the Director of the Federal Register
approved the incorporation by reference of certain publications listed
in the regulation.
ADDRESSES: To get the service information identified in this AD,
contact B-N Group Ltd., Bembridge Airport, Isle of Wight, PO35 5PR,
United Kingdom; telephone: +44 (0) 1983 872511; fax: +44 (0) 1983
873246.
To view the AD docket, go to the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif Building,
Room PL-401, Washington, DC 20590-001 or on the Internet at http://dms.dot.gov.
The docket number is FAA-2006-25668; Directorate
Identifier 2006-CE-44-AD.
FOR FURTHER INFORMATION CONTACT: Albert J. Mercado, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri, 64106; telephone: (816) 329-4119; fax: (816) 329-4090.
SUPPLEMENTARY INFORMATION:
Discussion
On September 11, 2006, we issued a proposal to amend part 39 of the
Federal Aviation Regulations (14 CFR part 39) to include an AD that
would apply to all 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.
This proposal was published in the Federal Register as a notice of
proposed rulemaking (NPRM) on September 15, 2006 (71 FR 54438). The
NPRM proposed to require you to inspect the horizontal stabilizer
attachment bolts and anchor nuts for damage and wear and replace
damaged and/or worn parts with new, modified parts. If no damaged or
worn parts are found during the proposed inspection, the NPRM proposed
to require you to replace the horizontal stabilizer attachment bolts
and anchor nuts at a specified time with new, modified parts.
Comments
We provided the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
and FAA's response to each comment:
Comment Issue No. 1: Publish the Manufacturer Service Information
Jack Buster with the Modification and Replacement Parts Association
(MARPA) provides comments on the MCAI AD process pertaining to how the
FAA addresses publishing manufacturer service information as part of a
proposed AD action. The commenter states that the proposed rule
attempts to require compliance with a public law by reference to a
private writing (as referenced in paragraph (e) of the proposed AD).
The commenter would like the FAA to incorporate by reference (IBR) the
B-N Group Ltd. service information.
We agree with Mr. Buster. However, we do not IBR any document in a
proposed AD action, instead we IBR the document in the final rule.
Since we are issuing the proposal as a final rule AD action, B-N
Britten-Norman Aircraft Limited Service Bulletin number SB 302, Issue
2, dated April 12, 2005, and B-N Group Ltd. Modification Leaflet for
Mod NB-M-1787, Issue 1, dated August 1, 2005, are incorporated by
reference.
Comment Issue No. 2: Availability of IBR Documents in the Docket
Management System (DMS)
Mr. Buster requests IBR documents be made available to the public
by publication in the Federal Register or in the DMS.
We are currently reviewing issues surrounding the posting of
service bulletins in the Department of Transportation's DMS as part of
the AD docket. Once we have thoroughly examined all aspects of this
issue and have made a final determination, we will consider whether our
current practice needs to be revised.
Comment Issue No. 3: Allow Replacement With FAA-approved Equivalent
Parts
Mr. Buster requests allowing the use of FAA-approved equivalent
parts for replacing the horizontal stabilizer attachment bolts and
anchor nuts with modified horizontal stabilizer attachment bolts.
We agree with Mr. Buster. We will allow the use of FAA-approved
equivalent parts when installing the modified horizontal stabilizer
attachment bolts.
We are adding the phrase ``or FAA-approved equivalent part'' in
paragraphs (e)(2), (e)(3), and (e)(4) of this AD based on this comment.
Conclusion
We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed
except for minor editorial corrections. We have determined that these
minor corrections:
Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
Differences Between the Foreign Airworthiness Authority AD, the Service
Bulletin, and This AD
The MCAI British AD No. G-2004-0014 R1, Effective Date: July 29,
2005, and B-N Britten-Norman Aircraft Limited Service Bulletin number
SB 302, Issue 2, dated April 12, 2005, allow
[[Page 65715]]
1,000-hour repetitive inspections of the horizontal stabilizer
attachment bolts and anchor nuts with the option of installing the new,
modified horizontal stabilizer attachment bolts as a terminating action
for the repetitive inspections. This AD does not allow continued
repetitive inspections.
The actions required by this AD are consistent with the FAA's aging
commuter aircraft policy, which briefly states that, when a
modification exists that could eliminate or reduce the number of
required critical inspections, the modification should be incorporated.
This policy is based on the FAA's determination that reliance on
critical repetitive inspections on airplanes utilized in commuter
service carries an unnecessary safety risk when a design change exists
that could eliminate or, in certain instances, reduce the number of
those critical inspections. In determining what inspections are
critical, the FAA considers (1) The safety consequences of the airplane
if the known problem is not detected by the inspection; (2) the
reliability of the inspection such as the probability of not detecting
the known problem; (3) whether the inspection area is difficult to
access; and (4) the possibility of damage to an adjacent structure as a
result of the problem.
Costs of Compliance
We estimate that this AD will affect 91 airplanes in the U.S.
registry.
We estimate the following costs to do the inspection:
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Total cost per
Labor cost Parts cost airplane Total cost on U.S. operators
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1 work-hour x $80 per hour = Not applicable............ $80 $80 x 91 = $7,280.
$80.
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We estimate the following costs to do the replacements:
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Labor cost Parts cost Total cost per airplane Total cost on U.S. operators
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3 work-hours x $80 per hour = $240....... $1,600 $240 + $1,600 = $1,840....................... $1,840 x 91 = $167,440.
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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 AD.
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 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 summary of the costs to comply with this AD (and
other information as included in the Regulatory Evaluation) and placed
it in the AD Docket. You may get a copy of this summary by sending a
request to us at the address listed under ADDRESSES. Include ``Docket
No. FAA-2006-25668; Directorate Identifier 2006-CE-44-AD'' in your
request.
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 Federal Aviation Administration amends part 39 of the Federal
Aviation Regulations (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. FAA amends Sec. 39.13 by adding a new AD to read as follows:
2006-23-03 B-N Group Ltd: Amendment 39-14815; Docket No. FAA-2006-
25668; Directorate Identifier 2006-CE-44-AD.
Effective Date
(a) This AD becomes effective on December 14, 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;
that are certificated in any category.
Unsafe Condition
(d) This AD is the result of mandatory continuing airworthiness
information (MCAI) issued by the airworthiness authority for the
United Kingdom. The actions specified in this AD are intended to
detect and correct damaged and/or worn horizontal stabilizer
attachment bolts and anchor nuts, which could result in failure of
the horizontal stabilizer. This failure could result in loss of
control.
Compliance
(e) To address this problem, you must do the following, unless
already done:
[[Page 65716]]
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Actions Compliance Procedures
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(1) Inspect the horizontal Within the next 50 Follow B-N Britten-
stabilizer attachment bolts and hours time-in- Norman Aircraft
anchor nuts for damage and wear. service (TIS) or Limited Service
2 months, Bulletin number
whichever occurs SB 302, Issue 2,
first, after dated April 12,
December 14, 2006 2005.
(the effective
date of this AD).
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(2) If you find any damaged or Before further Follow B-N Britten-
worn horizontal stabilizer flight after the Norman Aircraft
attachment bolts and/or anchor inspection Limited Service
nuts during the inspection required in Bulletin number
required in paragraph (e)(1) of paragraph (e)(1) SB 302, Issue 2,
this AD, replace with new, of this AD. dated April 12,
modified horizontal stabilizer 2005. Do any
attachment bolts as specified necessary
in the service information (or replacements
FAA-approved equivalent part). following B-N
Group Ltd.
Modification
Leaflet for Mod
NB-M-1787, Issue
1, dated August
1, 2005.
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(3) If you do not find damaged Upon accumulating Follow B-N Group
or worn horizontal stabilizer 1,000 hours TIS Ltd. Modification
attachment bolts and/or anchor after the Leaflet for Mod
nuts during the inspection inspection NB-M-1787, Issue
required in paragraph (e)(1) of required in 1, dated August
this AD, replace the horizontal paragraph (e)(1) 1, 2005.
stabilizer attachment bolts and of this AD.
anchor nuts with new, modified
horizontal stabilizer
attachment bolts as specified
in the service information (or
FAA-approved equivalent part).
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(4) You may replace the As of December 14, Follow B-N Group
horizontal stabilizer 2006 (the Ltd. Modification
attachment bolts and anchor effective date of Leaflet for Mod
nuts with the new, modified this AD). NB-M-1787, Issue
horizontal stabilizer 1, dated August
attachment bolts as specified 1, 2005.
in the service information (or
FAA-approved equivalent part)
at any time, but no later than
the applicable times specified
in paragraphs (e)(2) and (e)(3)
of this AD. After installing
the new, modified horizontal
stabilizer attachment bolts, no
further action is required.
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Alternative Methods of Compliance (AMOCs)
(f) The Manager, Standards Staff, FAA, Small Airplane
Directorate, ATTN: Albert J. Mercado, Aerospace Engineer, 901
Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-
4119; fax: (816) 329-4090, has the authority to approve AMOCs for
this AD, if requested using the procedures found in 14 CFR 39.19.
Related Information
(g) MCAI United Kingdom Civil Aviation Authority AD No. G-2004-
0014 R1, Effective Date: July 29, 2005, also addresses the subject
of this AD.
Material Incorporated by Reference
(h) You must use B-N Britten-Norman Aircraft Limited Service
Bulletin number SB 302, Issue 2, dated April 12, 2005, and B-N Group
Ltd. Modification Leaflet for Mod NB-M-1787, Issue 1, dated August
1, 2005, 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 B-N
Group Ltd., Bembridge Airport, Isle of Wight, PO35 5PR, United
Kingdom; telephone: +44 (0) 1983 872511; fax: +44 (0) 1983 873246.
(3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, 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.[fxsp0]archives.gov/[fxsp0]federal--
[fxsp0]register/[fxsp0]code--[fxsp0]of--federal--regulations/
[fxsp0]ibr--locations.[fxsp0]html.
Issued in Kansas City, Missouri, on October 30, 2006.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E6-18723 Filed 11-8-06; 8:45 am]
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