[Federal Register Volume 67, Number 32 (Friday, February 15, 2002)]
[Rules and Regulations]
[Pages 7059-7061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3165]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-CE-31-AD; Amendment 39-12645; AD 2002-03-04]
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: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to all Pilatus Britten-Norman Limited (Pilatus Britten-Norman) 
BN-2, BN-2A,BN-2B, BN-2T, and BN2A MK. III series airplanes. This AD 
requires you to replace the emergency exit window sealant. This AD is 
the result of mandatory continuing airworthiness information (MCAI) 
issued by the airworthiness authority for the United Kingdom. The 
actions specified by this 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: This AD becomes effective on March 29, 2002.
    The Director of the Federal Register approved the incorporation by 
reference

[[Page 7060]]

of certain publications listed in the regulations as of March 29, 2002.

ADDRESSES: You may get the service information 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 this information at the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 2001-CE-31-AD, 901 Locust, Room 506, 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: 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:

Discussion

What Events Have Caused This 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 Is the Potential Impact if FAA Took no Action?

    This condition, if not corrected, could lead to the inability to 
exit the airplane in an emergency.

Has FAA Taken Any Action to This Point?

    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 
Pilatus Britten-Norman BN-2, BN-2A, BN-2B, BN-2T, and BN2A MK. III 
series airplanes. This proposal was published in the Federal Register 
as a notice of proposed rulemaking (NPRM) on November 27, 2001 (66 FR 
59178). The NPRM proposed to require you to replace the emergency exit 
window sealant.

Was the Public Invited to Comment?

    The FAA encouraged interested persons to participate in the making 
of this amendment. We did not receive any comments on the proposed rule 
or on our determination of the cost to the public.

FAA's Determination

What Is FAA's Final Determination on This Issue?

    After careful review of all available information related to the 
subject presented above, we have determined that air safety and the 
public interest require the adoption of the rule as proposed except for 
minor editorial corrections. We have determined that these minor 
corrections:

--Provide 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.

Cost Impact

How Many Airplanes Does This AD Impact?

    We estimate that this AD affects 118 airplanes in the U.S. 
registry.

What is the Cost Impact of This AD on Owners/Operators of the Affected 
Airplanes?

    We Estimate the following costs to accomplish the necessary 
replacement:

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

Does This AD Impact Various Entities?

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.

Does This AD Involve a Significant Rule or Regulatory Action?

    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, 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

    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 AD to read as follows:

2002-03-04  Pilatus Britten Norman Limited: Amendment 39-12645; 
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 airplanes identified in paragraph (a) of this AD 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 7061]]



------------------------------------------------------------------------
             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       section of B-N
                                   March 29, 2002      Service Bulletin
                                   (the effective      Number SB 277,
                                   date of this AD),   Issue 1, dated 03/
                                   unless already      08/2001.
                                   performed.
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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, Standards Office, 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, Standards Office, 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 4(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) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance 
with B-N Service Bulletin Number SB 277, Issue 1, dated 03/08/2001. 
The Director of the Federal Register approved this incorporation by 
reference under 5 U.S.C. 552(a) and 1 CFR part 51. You can get 
copies from Pilatus Britten-Norman Limited, Bembridge, Isle of 
Wight, United Kingdom PO35 5PR. You can look at copies at the FAA, 
Central Region, Office of the Regional Counsel, 901 Locust, Room 
506, Kansas City, Missouri, or at the Office of the Federal 
Register, 800 North Capitol Street, NW, suite 700, Washington, DC.

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

    (i) When does this amendment become effective? This amendment 
becomes effective on March 29, 2002.

    Issued in Kansas City, Missouri, on February 4, 2002.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 02-3165 Filed 2-14-02; 8:45 am]
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