[Federal Register Volume 67, Number 230 (Friday, November 29, 2002)]
[Rules and Regulations]
[Pages 71101-71103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30023]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-CE-36-AD; Amendment 39-12966; AD 2002-24-01]
RIN 2120-AA64


Airworthiness Directives; Britten Norman (Bembridge) Limited BN2A 
Mk. III Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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[[Page 71102]]

SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to all Britten Norman (Bembridge) Limited (Britten Norman) BN2A 
Mk. III series airplanes. This AD requires you to repetitively inspect 
the rear engine-mounting frame for cracks and replace the frame if 
cracks are found. 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 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: This AD becomes effective on January 21, 2003.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulations as of 
January 21, 2003.

ADDRESSES: You may get the service information 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 this information at the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 2002-CE-36-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 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 Is the Potential Impact If FAA Took No Action?

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

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 
Britten Norman BN2A Mk. III series airplanes. This proposal was 
published in the Federal Register as a notice of proposed rulemaking 
(NPRM) on September 17, 2002 (67 FR 58546). The NPRM proposed to 
require you to repetitively inspect the rear engine-mounting frame for 
cracks and replace the frame if cracks are found.

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 7 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 inspection:

----------------------------------------------------------------------------------------------------------------
                                                               Total  cost per
             Labor cost                      Parts cost            airplane      Total cost  on U.S.  operators
----------------------------------------------------------------------------------------------------------------
4 workhours x $60 per hour = $240...  No cost for parts......            $240   7 x $240 = $1,680.
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    We estimate the following costs to accomplish any necessary 
replacements that will be required based on the results of the 
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

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.

[[Page 71103]]

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:

2002-24-01 Britten Norman (Bembridge) Limited: Amendment 39-12966; 
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   accumulating 1,000    Britten-Norman
 (P/N) NB51-H-1021, or FAA-    hours time-in-        Service Bulletin
 approved equivalent part      service (TIS) on      No. SB 281, Issue
 number, for cracks.           the engine mounting   1, dated May 1,
                               frame or within the   2002.
                               next 50 hours TIS
                               after January 21,
                               2003 (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       Prior to further      In accordance with
 during any inspection         flight after the      Britten-Norman
 required in paragraph         inspection in which   Service Bulletin
 (d)(1) of this AD, replace    any crack and/or      No. SB 281, Issue
 the mounting frame with a     damage is found.      1, dated May 1,
 new frame, P/N NB51-H-1021,   After installing      2002.
 or FAA-approved equivalent    the new frame,
 part number.                  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) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance 
with Britten-Norman Service Bulletin No. SB 281, Issue 1, dated May 
1, 2002. The Director of the Federal Register approved this 
incorporation by reference under 5 U.S.C. 552(a) and 1 CFR part 51. 
You may get copies 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 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 3: The subject of this AD is addressed in British AD 001-
05-2002, not dated.

    (i) When does this amendment become effective? This amendment 
becomes effective on January 21, 2003.

    Issued in Kansas City, Missouri, on November 19, 2002.
Dorenda D. Baker,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-30023 Filed 11-27-02; 8:45 am]
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