[Federal Register Volume 61, Number 174 (Friday, September 6, 1996)]
[Rules and Regulations]
[Pages 47049-47051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22687]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 96-CE-16-AD; Amendment 39-9748; AD 96-18-21]
RIN 2120-AA64


Airworthiness Directives; Pilatus Britten-Norman Ltd. (formerly 
Britten-Norman) BN-2A and BN2A MK. 111 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes Airworthiness Directive (AD) 75-26-
15, which currently requires repetitively inspecting the aileron mass 
balance clamp unit attachment for looseness on Pilatus Britten-Norman 
Ltd. (Pilatus Britten-Norman) BN-2A and BN2A MK. 111 series airplanes, 
and modifying the aileron and mass balance clamp unit if any looseness 
is found. The Federal Aviation Administration's policy on aging 
commuter-class aircraft is to eliminate or, in certain instances, 
reduce the number of certain repetitive short-interval inspections when 
improved parts or modifications are available. This action retains the 
repetitive inspections required by AD 75-26-15, and requires modifying 
the aileron and mass balance unit (at a certain time) as terminating 
action for the repetitive inspection requirement. The actions specified 
in this AD are intended to prevent failure of the aileron mass balance 
attachment, which could result in loss of control of the airplane.

DATES: Effective October 25, 1996.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 25, 1996.

ADDRESSES: Service information that applies to this AD may be obtained 
from Pilatus Britten-Norman Limited, Bembridge, Isle of Wight, United 
Kingdom PO35 5PR; telephone 44-1983 872511; facsimile 44-1983 873246. 
This information may also be examined at the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket 96-CE-16-AD, Room 1558, 601 E. 12th 
Street, Kansas City, Missouri 64106; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr. Tom Rodriguez, Program Officer, 
Brussels Aircraft Certification Division, FAA, Europe, Africa, and 
Middle East Office, c/o American Embassy, B-1000 Brussels, Belgium; 
telephone (32 2) 508.2717; facsimile (32 2) 230.6899; or Mr. Jeffrey 
Morfitt, Project Officer, Small Airplane Directorate, Airplane 
Certification Service, FAA, 1201 Walnut, suite 900, Kansas City, 
Missouri 64106; telephone (816) 426-6932; facsimile (816) 426-2169.

SUPPLEMENTARY INFORMATION:

Events Leading to This Action

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to include an AD that would apply to Pilatus Britten-
Norman BN-2A and BN2A MK. 111 series airplanes was published in the 
Federal Register on May 9, 1996 (61 FR 21146). The action proposed to 
supersede AD 75-26-15 with a new AD that would (1) retain the 
requirements of repetitively inspecting the aileron mass balance clamp 
unit

[[Page 47050]]

attachment for looseness and modifying any aileron and mass balance 
unit immediately where looseness is found; and (2) require modifying 
the aileron and mass balance unit (at a certain time) if not previously 
required. The modification would terminate the need for the repetitive 
inspections of the aileron and mass balance unit attachment. 
Accomplishment of the proposed actions would continue to be in 
accordance with Britten-Norman Service Bulletin No. BN-2/SB.67, Issue 
1, dated October 24, 1973.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were received on the 
proposed rule or the FAA's determination of the cost to the public.

The FAA's Determination

    After careful review of all available information related to the 
subject presented above, the FAA has determined that air safety and the 
public interest require the adoption of the rule as proposed except for 
minor editorial corrections. The FAA has determined that these minor 
corrections will not change the meaning of the AD and will not add any 
additional burden upon the public than was already proposed.

Cost Impact

    The FAA estimates that 109 airplanes in the U.S. registry will be 
affected by this AD, that it will take approximately 10 workhours 
(inspection: 1 workhour; modification: 9 workhours) per airplane to 
accomplish the action, and that the average labor rate is approximately 
$60 an hour. Parts cost approximately $160 per airplane. Based on these 
figures, the total cost impact of this AD on U.S. operators is 
estimated to be $82,840. This figure only takes into account the cost 
of the initial inspection and inspection-terminating modification and 
does not take into account the cost of repetitive inspections. The FAA 
has no way of determining the number of repetitive inspections each of 
the owners/operators will incur over the life of the affected 
airplanes.
    This figure is also based on the assumption that no affected 
airplane owner/operator has accomplished the required modification. 
This action eliminates the repetitive inspections required by AD 75-26-
15. The FAA has no way of determining the operational levels of each 
individual operator of the affected airplanes, and subsequently cannot 
determine the repetitive inspection costs that would be eliminated by 
this action. The FAA estimates these costs to be substantial over the 
long term.
    Pilatus Britten-Norman does not know the number of parts 
distributed to the affected airplane owners/operators. Numerous sets of 
parts were sent out to the owners/operators of the affected airplanes, 
but over the years Pilatus Britten-Norman has not retained these 
records. The company believes that most of the affected airplanes 
already have the required inspection-terminating modification 
incorporated.

The FAA's Aging Commuter Class Aircraft Policy

    This AD is part of the FAA's aging commuter airplane 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.
    The intent of the FAA's aging commuter airplane program is to 
ensure safe operation of airplanes that are in commercial service 
without adversely impacting private operators. Of the approximately 109 
airplanes in the U.S. registry that would be affected by this AD, the 
FAA has determined that approximately 25 percent are operated in 
scheduled passenger service by 11 different operators. A significant 
number of the remaining 75 percent are operated in other forms of air 
transportation such as air cargo and air taxi.
    This action allows 1,000 hours time-in-service (TIS) after the 
effective date of the AD before mandatory accomplishment of the design 
modification. The average utilization of the fleet for those airplanes 
in commercial commuter service is approximately 25 to 50 hours TIS per 
week. Based on these figures, operators of airplanes involved in 
commercial operation will have to accomplish the modification within 5 
to 10 months after this AD becomes effective. For private owners, who 
typically operate between 100 to 200 hours TIS per year, this allows 5 
to 10 years before the required modification becomes mandatory. The 
time it would take those in air cargo/air taxi operations before this 
action becomes mandatory is unknown because of the wide variation 
between each airplane used in this service. The exact numbers would 
fall somewhere between the average for commuter operators and private 
operators.

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (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. A copy of the final evaluation prepared for this 
action is contained in the Rules Docket. A copy of it may be obtained 
by contacting the Rules Docket at the location provided under the 
caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to 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

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 USC 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing Airworthiness Directive 
(AD) 75-26-15, Amendment 39-2464, and by adding a new AD to read as 
follows:

96-18-21  Pilatus Britten-Norman: Amendment 39-9748; Docket No. 96-
CE-16-AD. Supersedes AD 75-26-15, Amendment 39- 2464. Applicability: 
Models BN-2, BN-2A, BN-2A-6, BN-2A-8, BN-2A-2, BN-2A-9, BN-2A-3, BN-
2A-20, BN-2A-21, BN-2A-26, BN-2A-27, BN2A MK. 111, BN2A MK. 111-2, 
and BN2A MK. 111-3 airplanes (all serial numbers), certificated in 
any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an

[[Page 47051]]

alternative method of compliance in accordance with paragraph (f) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated in the body of this AD, unless 
already accomplished.
    To prevent failure of the aileron mass balance attachment, which 
could result in loss of control of the airplane, accomplish the 
following:
    (a) Prior to the first flight of each day after the effective 
date of this AD (see NOTE 2 of this AD), inspect the attachment of 
the aileron mass balance clamp unit for looseness in accordance with 
the ``Inspection'' section of Britten-Norman Service Bulletin (SB) 
No. BN-2/SB.67, Issue 1, dated October 24, 1973.

    Note 2: The ``prior to first flight of each day after the 
effective date of this AD'' compliance time required by paragraph 
(a) of this AD is exactly the same as required by AD 75-26-15 
(superseded by this AD).

    (b) If a loose attachment of the aileron mass balance clamp unit 
is found during any of the inspections required by this AD, prior to 
further flight, modify the aileron and mass balance clamp unit in 
accordance with the ``b. Sequence of Operations'' section of 
Britten-Norman SB No. BN-2/SB.67, Issue 1, dated October 24, 1973.
    (c) Within the next 1,000 hours time-in-service after the 
effective date of this AD, unless already accomplished as specified 
and required by paragraph (b) of this AD, modify the aileron and 
mass balance clamp unit in accordance with the ``b. Sequence of 
Operations'' section of Britten-Norman SB No. BN-2/SB.67, Issue 1, 
dated October 24, 1973.
    (d) Accomplishing the modification required by paragraph (b) or 
(c) of this AD is considered terminating action for the repetitive 
inspection requirement of this AD.
    (e) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (f) An alternative method of compliance or adjustment of the 
initial or repetitive compliance times that provides an equivalent 
level of safety may be approved by the Manager, Brussels Aircraft 
Certification Division, Europe, Africa, Middle East office, FAA, c/o 
American Embassy, 1000 Brussels, Belgium. The request should be 
forwarded through an appropriate FAA Maintenance Inspector, who may 
add comments and then send it to the Manager, Brussels Aircraft 
Certification Division. Alternative methods of compliance approved 
in accordance with AD 75-26-15 (superseded by this action) are not 
considered approved as alternative methods of compliance with this 
AD.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Brussels Aircraft Certification Division.

    (g) The inspections and modification required by this AD shall 
be done in accordance with Britten-Norman Service Bulletin No. BN-2/
SB.67, Issue 1, dated October 24, 1973. This incorporation by 
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from Pilatus Britten-Norman Limited, Bembridge, Isle of 
Wight, United Kingdom PO35 5PR. Copies may be inspected at the FAA, 
Central Region, Office of the Assistant Chief Counsel, Room 1558, 
601 E. 12th Street, Kansas City, Missouri, or at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.
    (h) This amendment (39-9748) supersedes AD 75-26-15, Amendment 
39-2464.
    (i) This amendment (39-9748) becomes effective on October 25, 
1996.

    Issued in Kansas City, Missouri, on August 29,1996.
Henry A. Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-22687 Filed 9-5-96; 8:45 am]
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