[Federal Register Volume 66, Number 228 (Tuesday, November 27, 2001)]
[Proposed Rules]
[Pages 59178-59180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29394]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-CE-31-AD]
RIN 2120-AA64


Airworthiness Directives; Pilatus Britten-Norman Limited BN-2, 
BN-2A, BN-2B, BN-2T, and BN2A MK. III Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to all Pilatus Britten-Norman Limited (Pilatus 
Britten-Norman) Limited BN-2, BN-2A, BN-2B, BN-2T, and BN2A MK. III 
series airplanes. This proposed AD would require you to replace the 
emergency exit window sealant. This proposed AD is the result of 
mandatory continuing airworthiness information (MCAI) issued by the 
airworthiness authority for the United Kingdom. The actions specified 
by this proposed AD are intended to correct the problems with emergency 
exit windows failing to open. Such failure could lead to the inability 
to exit the airplane in an emergency.

DATES: The Federal Aviation Administration (FAA) must receive any 
comments on this proposed rule on or before January 3, 2002.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2001-CE-31-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. You may view any 
comments at this location between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.
    You may get service information that applies to this proposed AD 
from Pilatus Britten-Norman Limited, Bembridge, Isle of Wight, United 
Kingdom PO35 5PR; telephone: +44 (0) 1983 872511; facsimile: +44 (0) 
1983 873246. You may also view this information at the Rules Docket at 
the address above.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4059; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

    How do I comment on this proposed AD? The FAA invites comments on 
this proposed rule. You may submit whatever written data, views, or 
arguments you choose. You need to include the rule's docket number and 
submit your comments to the address specified under the caption 
ADDRESSES. We will consider all comments received on or before the 
closing date. We may amend this proposed rule in light of comments 
received. Factual information that supports your ideas and suggestions 
is extremely helpful in evaluating the effectiveness of this proposed 
AD action and determining whether we need to take additional rulemaking 
action.
    Are there any specific portions of this proposed AD I should pay 
attention to? The FAA specifically invites comments on the overall 
regulatory, economic, environmental, and energy aspects of this 
proposed rule that might suggest a need to modify the rule. You may 
view all comments we receive before and after the closing date of the 
rule in the Rules Docket. We will file a report in the Rules Docket 
that summarizes each contact we have with the public that concerns the 
substantive parts of this proposed AD.

[[Page 59179]]

    How can I be sure FAA receives my comment? If you want FAA to 
acknowledge the receipt of your comments, you must include a self-
addressed, stamped postcard. On the postcard, write ``Comments to 
Docket No. 2001-CE-31-AD.'' We will date stamp and mail the postcard 
back to you.

Discussion

    What events have caused this proposed AD? The Civil Aviation 
Authority (CAA), which is the airworthiness authority for the United 
Kingdom, recently notified FAA that an unsafe condition may exist on 
all Pilatus Britten-Norman BN-2, BN-2A, BN-2B, BN-2T, and BN2A MK. III 
series airplanes. The CAA reports an incident where an emergency exit 
window could not be opened. The CAA determined that the emergency exit 
windows were not properly installed with the correct sealant.
    What are the consequences if the condition is not corrected? This 
condition, if not corrected, could lead to the inability to exit the 
airplane in an emergency.
    Is there service information that applies to this subject? Pilatus 
Britten-Norman has issued BN Service Bulletin SB 277, Issue 1, dated 
03/08/2001.
    What are the provisions of this service information? The service 
bulletin includes procedures for replacing the emergency exit window 
sealant.
    What action did the CAA take? The CAA classified this service 
bulletin as mandatory and issued British AD Number 001-08-2001, dated 
August 3, 2001, in order to ensure the continued airworthiness of these 
airplanes in the United Kingdom.
    Was this in accordance with the bilateral airworthiness agreement? 
These airplane models are manufactured in the United Kingdom and are 
type certificated for operation in the United States under the 
provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 
21.29) and the applicable bilateral airworthiness agreement.
    Pursuant to this bilateral airworthiness agreement, the CAA has 
kept FAA informed of the situation described above.
    The FAA's Determination and an Explanation of the Provisions of 
this Proposed AD What has FAA decided? The FAA has examined the 
findings of the CAA; reviewed all available information, including the 
service information referenced above; and determined that:

--The unsafe condition referenced in this document exists or could 
develop on Pilatus Britten-Norman BN-2, BN-2A, BN-2B, BN-2T, and BN2A 
MK. III series airplanes of the same type design that are on the U.S. 
registry;
--The actions specified in the previously-referenced service 
information should be accomplished on the affected airplanes; and
--AD action should be taken in order to correct this unsafe condition.

    What would this proposed AD require? This proposed AD would require 
you to incorporate the actions in the previously-referenced service 
bulletin.

Cost Impact

    How many airplanes would this proposed AD impact? We estimate that 
this proposed AD affects 118 airplanes in the U.S. registry.
    What would be the cost impact of this proposed AD on owners/
operators of the affected airplanes? We estimate the following costs to 
accomplish the necessary replacement:

------------------------------------------------------------------------
                                           Total
         Labor cost             Parts     cost per   Total cost on U.S.
                                 cost     airplane        operators
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2 workhours  x  $60 per hour        $40       $160  118  x  $160 per
 = $120.                                             airplane = $18,880.
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Regulatory Impact

    Would this proposed AD impact various entities? The regulations 
proposed herein 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. Therefore, it is determined that this 
proposed rule would not have federalism implications under Executive 
Order 13132.
    Would this proposed AD involve a significant rule or regulatory 
action? For the reasons discussed above, I certify that this proposed 
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) if 
promulgated, 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 draft regulatory 
evaluation prepared for this action has been placed 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, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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 U.S.C. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. FAA amends Sec. 39.13 by adding a new airworthiness directive 
(AD) to read as follows:

Pilatus Britten-Norman Limited: Docket No. 2001-CE-31-AD

    (a) What airplanes are affected by this AD? This AD affects all 
serial numbers of 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, BN-2T-4R, BN2A MK. III, BN2A MK. 
III-2, and BN2A MK. III-3 airplanes that are certificated in any 
category.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the above airplanes must comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to prevent the failure of emergency exit 
windows to open.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

[[Page 59180]]



------------------------------------------------------------------------
             Actions                  Compliance          Procedures
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Replace emergency exit window     Within the next 50  In accordance with
 sealant.                          hours time-in-      the Action
                                   service after the   section of BN
                                   effective date of   Service Bulletin
                                   this AD, unless     SB 277, Issue 1,
                                   already performed.  dated 03/08/2001.
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    (e) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) The Manager, Small Airplane Directorate, approves your 
alternative. Submit your request through an FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Small Airplane Directorate.

    Note 1: This AD applies to each airplane identified in paragraph 
(a) of this AD, 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 alternative method of 
compliance in accordance with paragraph (e) 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 you have not eliminated the unsafe condition, specific 
actions you propose to address it.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact Doug Rudolph, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, 
Kansas City, Missouri 64106; telephone: (816) 329-4059; facsimile: 
(816) 329-4090.
    (g) What if I need to fly the airplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate your airplane to a location where 
you can accomplish the requirements of this AD.
    (h) How do I get copies of the documents referenced in this AD? 
You may get copies of the documents referenced in this AD from 
Pilatus Britten-Norman Limited, Bembridge, Isle of Wight, United 
Kingdom PO35 5PR; telephone: +44 (0) 1983 872511; facsimile: +44 (0) 
1983 873246. You may view these documents at FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, 
Missouri 64106.

    Note 2: The subject of this AD is addressed in British AD 001-
08-2001, dated August 3, 2001.


    Issued in Kansas City, Missouri, on November 19, 2001.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 01-29394 Filed 11-26-01; 8:45 am]
BILLING CODE 4910-13-U