[Federal Register Volume 67, Number 180 (Tuesday, September 17, 2002)]
[Proposed Rules]
[Pages 58546-58548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23515]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-CE-36-AD]
RIN 2120-AA64


Airworthiness Directives; Britten Norman (Bembridge) Limited 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 Britten Norman (Bembridge) Limited 
(Britten Norman) BN2A Mk. III series airplanes. This proposed AD would 
require you to repetitively inspect the rear engine-mounting frame for 
cracks and replace the frame if cracks are found. 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 detect and 
correct cracks in the rear engine-mounting frame, which could lead to 
engine mount failure. Such failure could result in separation of the 
engine from the airplane.

DATES: The Federal Aviation Administration (FAA) must receive any 
comments on this proposed rule on or before October 24, 2002.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2002-CE-36-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 also send comments 
electronically to the following address: [email protected]. 
Comments sent electronically must contain ``Docket No. 2002-CE-36-AD'' 
in the subject line. If you send comments electronically as attached 
electronic files, the files must be formatted in Microsoft Word 97 for 
Windows or ASCII text.
    You may get service information that applies to this proposed AD 
from Britten Norman (Bembridge) 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

[[Page 58547]]

the public that concerns the substantive parts of this proposed AD.

How Can I Be Sure FAA Receives My Comment?

    If you want FAA to acknowledge the receipt of your mailed comments, 
you must include a self-addressed, stamped postcard. On the postcard, 
write ``Comments to Docket No. 2002-CE-36-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 Britten Norman BN2A Mk. III series 
airplanes. The CAA reports that the manufacturer has reported three 
occurrences of cracks in the rear engine-mounting frame detected by 
operators during routine inspections.

What Are the Consequences if the Condition Is Not Corrected?

    These cracks could lead to engine mount failure with consequent 
separation of the engine from the airplane.

Is There Service Information That Applies to This Subject?

    Britten Norman has issued Service Bulletin No. SB 281, Issue 1, 
dated May 1, 2002.

What Are the Provisions of This Service Information?

    The service bulletin includes procedures for:

--Inspecting the rear engine-mount frame for cracks; and
--Replacing the frame if cracks are found.

What Action Did the CAA Take?

    The CAA classified this service bulletin as mandatory and issued 
British AD Number 001-05-2002, not dated, 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 other Britten Norman 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 7 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 each proposed 
inspection:

----------------------------------------------------------------------------------------------------------------
                                                                   Total cost per
          Labor cost                       Parts cost                 airplane      Total cost on U.S. operators
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4 workhours x $60 per hour =   No cost for parts.................            $240  7 x $240 = $1,680
 $240.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to accomplish any necessary 
replacements that would be required based on the results of the 
proposed inspection. We have no way of determining the number of 
airplanes that may need such replacement:

------------------------------------------------------------------------
                                                          Total cost per
               Labor cost                   Parts cost       airplane
------------------------------------------------------------------------
30 workhours x $60 per hour = $1,800....         $10,000         $11,800
------------------------------------------------------------------------

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.

[[Page 58548]]

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:

Britten Norman (Bembridge) Limited: Docket No. 2002-CE-36-AD.

    (a) What airplanes are affected by this AD? This AD affects 
Models BN2A MK. III, BN2A MK. III-2, and BN2A MK. III-3 airplanes, 
all serial numbers, 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 detect and correct cracks in the rear 
engine-mounting frame, which could lead to engine mount failure with 
consequent separation of the engine from the airplane.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

------------------------------------------------------------------------
             Actions                  Compliance          Procedures
------------------------------------------------------------------------
(1) Inspect the rear engine-      Initially upon      In accordance with
 mounting frame, part number (P/   accumulating        Britten-Norman
 N) NB51-H-1021, or FAA-approved   1,000 hours time-   Service Bulletin
 equivalent part number, for       in-service (TIS)    No. SB 281, Issue
 cracks.                           on the engine       1, dated May 1,
                                   mounting frame or   2002.
                                   within the next
                                   50 hours TIS
                                   after the
                                   effective date of
                                   this AD,
                                   whichever occurs
                                   later. If no
                                   cracks are found
                                   on the initial
                                   inspection,
                                   repetitively
                                   inspect every 200
                                   hours TIS.
(2) If cracks are found during    Prior to further    In accordance with
 any inspection required in        flight after the    Britten-Norman
 paragraph (d)(1) of this AD,      inspection in       Service Bulletin
 replace the mounting frame with   which any crack     No. SB 281, Issue
 a new frame, P/N NB51-H-1021,     and/or damage is    1, dated May 1,
 or FAA-approved equivalent part   found. After        2002.
 number.                           installing the
                                   new frame,
                                   inspect as
                                   required in
                                   paragraph (d)(1)
                                   of this AD.
------------------------------------------------------------------------


    Note 1: When you replace the engine-mounting frame, this AD 
requires you to inspect per paragraph (d)(1) of this AD upon 
accumulating 1,000 hours TIS.

    (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 Standards Office 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 Standards Office Manager.

    Note 2: 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 
Britten Norman (Bembridge) 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 3: The subject of this AD is addressed in British AD 001-
05-2002, not dated.


    Issued in Kansas City, Missouri, on September 9, 2002.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 02-23515 Filed 9-16-02; 8:45 am]
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