[Federal Register Volume 67, Number 181 (Wednesday, September 18, 2002)]
[Proposed Rules]
[Pages 58737-58739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23654]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-CE-35-AD]
RIN 2120-AA64


Airworthiness Directives; Pilatus Britten-Norman Limited BN-2 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 (Pilatus Britten-
Norman) Limited BN-2 and BN2A Mk. III series airplanes. This proposed 
AD would require you to inspect the universal joints on the pilot's and 
co-pilot's control column to determine the diameter of the shaft. 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 installation of universal joints that have the wrong-sized 
shaft, which could result in failure of the pilot's and/or co-pilot's 
control column. Such failure could lead to loss of control of 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-35-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-35-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 B-N Group 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.

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-35-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 and BN2A Mk. III 
series airplanes. The CAA reports that, during maintenance on one of 
the affected airplanes, an undersized universal joint was found. This 
installation of undersized universal

[[Page 58738]]

joints are the result of a quality control problem.

What Are the Consequences if the Condition Is Not Corrected?

    This condition, if not corrected, could cause failure of the 
pilot's and/or co-pilot's control column. Such failure could result in 
loss of control of the airplane.

Is There Service Information That Applies To This Subject?

    Britten-Norman has issued B-N Group Ltd. Service Bulletin Number SB 
284, Issue 1, dated May 9, 2002.

What Are the Provisions of This Service Information?

    The service bulletin includes procedures for inspecting the 
universal joints on the pilot's and co-pilot's control column to 
determine the diameter of the shaft and replacing any universal joint 
that is the wrong size.

What Action Did the CAA Take?

    The CAA classified this service bulletin as mandatory and issued 
British AD Number 004-05-2002, dated May 30, 2002, 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 Pilatus Britten-Norman BN-2 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.

What Are the Differences Between This Proposed AD, the Service 
Information, and the CAA AD?

    The CAA AD and the service information requires inspection and, if 
necessary, replacement of any universal joint that is not the correct 
size within the next 10 hours time-in-service (TIS) after the effective 
date of the AD. We propose a requirement that you inspect and, if 
necessary, replace within 30 days after the effective date of this 
proposed AD. We do not have justification to require this action within 
the next 10 hours TIS. We use compliance times such as this when we 
have identified an urgent safety of flight situation. We believe that 
30 days will give the owners or operators of the affected airplanes 
enough time to have the proposed actions accomplished without 
compromising the safety of the airplanes.

Cost Impact

How Many Airplanes Would This Proposed AD Impact?

    We estimate that this proposed AD affects 135 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 proposed 
inspection:

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                                                              Total cost per universal      Total cost on U.S.
   Labor cost per universal joint          Parts cost                   joint                   operators
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1 workhour x $60 = $60 (3 universal  No parts required.....  $60 ($60 x 3 universal         $180 x 135 = $24,300
 joints per airplane).                                        joints per airplane =
                                                              $180).
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    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 per universal joint                        Parts cost                    universal joint
----------------------------------------------------------------------------------------------------------------
2 workhours x $60 = $120.......................   $2,000 per universal joint...........   $120 + $2,000 = $2,120
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Compliance Time of This Proposed AD

What Would Be the Compliance Time of This Proposed AD?

    The compliance time of this proposed AD is ``within the next 30 
days after the effective date of this AD.''

Why Is the Compliance Time Presented in Calendar Time Instead of Hours 
Time-in-Service (TIS)?

    This unsafe condition is not a result of the number of times the 
airplane is operated. The chance of this situation occurring is the 
same for an airplane with 10 hours time-in-service (TIS) as it would be 
for an airplane with 500 hours TIS. For this reason, the FAA has 
determined that a compliance based on calendar time should be utilized 
in this AD in order to assure that the unsafe condition is addressed on 
all airplanes in a reasonable time period.

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

[[Page 58739]]

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. 2002-CE-35-AD

    (a) What airplanes are affected by this AD? This AD affects the 
following airplane models, all serial numbers, that are certificated 
in any category:

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.

    (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 correct the installation of universal joints 
that have the wrong-sized shaft, which could result in failure of 
the pilot's and/or co-pilot's control column. Such failure could 
lead to loss of control of 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 all universal     Inspect within the    In accordance with B-
 joints on the pilot's and     next 30 days after    N Group Ltd.
 co-pilot's control column     the effective date    Service Bulletin
 to determine the diameter     of this AD. Replace   Number SB 284,
 of the shaft.                 prior to further      Issue 1, dated May
                               flight after the      9, 2002.
                               inspection.
(i) If the universal joint
 diameter is 1.154 to 1.155
 inches, re-install into the
 airplane; and
(ii) If the universal joint
 diameter is not 1.154 to
 1.155 inches in diameter,
 replace with a new
 universal joint that has a
 diameter of 1.154 to 1.155
 inches.
(2) Do not install any        As of the effective   In accordance with B-
 universal joint that is not   date of this AD.      N Group Ltd.
 1.154 to 1.155 inches in                            Service Bulletin
 diameter.                                           Number SB 284,
                                                     Issue 1, dated May
                                                     9, 2002.
------------------------------------------------------------------------

    (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 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 B-N 
Group 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 Number 
004-05-2002, dated May 30, 2002.


    Issued in Kansas City, Missouri, on September 10, 2002.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 02-23654 Filed 9-17-02; 8:45 am]
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