[Federal Register Volume 71, Number 108 (Tuesday, June 6, 2006)]
[Proposed Rules]
[Pages 32492-32494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8713]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22420; Directorate Identifier 2005-CE-47-AD]
RIN 2120-AA64


Airworthiness Directives; B-N Group Ltd. BN-2, BN-2A, BN-2B, BN-
2T, and BN-2T-4R Series (All Individual Models Included in Type 
Certificate Data Sheet (TCDS) A17EU, Revision 16, Dated December 9, 
2002) Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) issued by an airworthiness 
authority of another country. The proposed AD would require actions 
that are intended to address an unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by June 21, 2006.

ADDRESSES: Use one of the following addresses to comment on this 
proposed AD:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in the proposed AD, contact the 
B-N Group Ltd, Bembridge Airport, Isle of Wright, United Kingdom, PO35 
5PR; telephone: 0870 881 5064; facsimile: 0870 881 5065; e-mail: 
norman.com">structural@britten-norman.com.

FOR FURTHER INFORMATION CONTACT: Taylor Martin, Aerospace Safety 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas 
City, Missouri 64106; telephone: (816) 329-4138; facsimile: (816) 329-
4090.

SUPPLEMENTARY INFORMATION:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. We are prototyping this process and 
specifically request your comments on its use. This streamlined process 
will allow us to adopt MCAI safety requirements in a more efficient 
manner and will reduce safety risks to the public.
    This process continues to follow all existing AD issuance processes 
to meet legal, economic, Administrative Procedure Act, and Federal 
Register requirements. We also continue to follow our technical 
decision-making processes in all aspects to meet our responsibilities 
to determine and correct unsafe conditions on U.S.-certificated 
products.
    This proposed AD references the MCAI and related service 
information that we considered in forming the engineering basis to 
correct the unsafe condition. The proposed AD contains text copied from 
the MCAI and for this reason might not follow our plain language 
principles.
    The comment period for this proposed AD is open for 15 days. The 
comment period is reduced because the airworthiness authority and 
manufacturer have already published the documents on which we based our 
decision, making a longer comment period unnecessary.

Comments Invited

    We invite you to send any written data, views, or arguments 
regarding this proposed AD. Send your comments to an address listed 
under the ADDRESSES section. Include the docket number, Docket No. FAA-
2005-22420; Directorate Identifier 2005-CE-47-AD at the beginning of 
your comments. We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of the proposed 
AD. We are also inviting comments, views, or arguments on the new MCAI 
process. We will consider all comments received by the closing date and 
may amend the proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact we 
receive concerning this proposed AD.

Discussion

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom, has issued British Airworthiness 
Directive No. G-2004-0011, dated May 25, 2004 (referred to after this 
as ``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states that that the aircraft manufacturer has 
identified several cases of corroded elevator final drive control rods. 
If not corrected corrosion of the interior surface could result in 
failure or collapse of the rod, resulting in loss of control or jamming 
of the elevator system. The MCAI requires an inspection of the internal 
surface of the elevator system final drive control rod and replacement 
if found corroded. You may obtain further information by examining the 
MCAI in the docket.

Relevant Service Information

    BN-Group Ltd. has issued Britten-Norman Service Bulletin SB number 
303, Issue 1, dated May 14, 2004. The actions described in this service 
information are intended to correct the unsafe condition identified in 
the MCAI.

FAA's Determination and Requirements of the Proposed AD

    This product is manufactured outside the United States and is 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 agreement. Pursuant to this bilateral 
airworthiness agreement, the State of Design's airworthiness authority 
has notified us of the unsafe condition described in the MCAI and 
service information referenced above. We have examined the 
airworthiness authority's findings, evaluated all pertinent 
information, and determined an unsafe condition exists and is likely to 
exist or develop on all products of this type design. We are issuing 
this proposed AD to correct the unsafe condition.

[[Page 32493]]

Differences Between the Proposed AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable in a U.S. court of 
law. In making these changes, we do not intend to differ substantively 
from the information provided in the MCAI and related service 
information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
described in a separate paragraph of the proposed AD. These proposed 
requirements, if ultimately adopted, will take precedence over the 
actions copied from the MCAI.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 91 products of U.S. registry. We also estimate that 
it would take about 5 workhours per product to do the action and that 
the average labor rate is $80 per workhour. Required parts would cost 
about $1,000 per product. Where the service information lists required 
parts costs that are covered under warranty, we have assumed that there 
will be no charge for these costs. As we do not control warranty 
coverage for affected parties, some parties may incur costs higher than 
estimated here. Based on these figures, we estimate the cost of the 
proposed AD on U.S. operators to be $127,400, or $1,400 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges FAA with promoting 
safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket that contains the proposed AD, the 
regulatory evaluation, any comments received, and other information on 
the Internet at http://dms.dot.gov; or in person at the Docket 
Management Facility between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Office (telephone (800) 647-5227) 
is located at the street address stated in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

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 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. The FAA amends Sec.  39.13 by adding the following new AD:

B-N Group Ltd: Docket No. FAA-2005-22420; Directorate Identifier 
2005-CE-47-AD.

Comments Due Date

    (a) We must receive comments on this proposed airworthiness 
directive (AD) by June 21, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all BN-2, BN-2A, BN-2B, BN-2T, and BN-2T-
4R Series (all individual models included in Type Certificate Data 
Sheet (TCDS) A17EU, Revision 16, dated December 9, 2002) airplanes; 
certificated in any U.S. category.

Reason

    (d) The aircraft manufacturer has identified several cases of 
corroded elevator final drive control rods. If not corrected 
corrosion of the interior surface could result in failure or 
collapse of the rod, resulting in loss of control or jamming of the 
elevator system. The mandatory continuing airworthiness information 
(MCAI) requires an inspection of the internal surface of the 
elevator system final drive control rod and replacement if found 
corroded.

Actions and Compliance

    (e) Unless already done, do the following except as stated in 
paragraph (f) below.
    (1) Within the next 50 hours time-in-service or one month after 
the effective date of this AD, whichever occurs first, inspect the 
internal surface of the elevator system final drive control rod, in 
accordance with B-N Group Ltd. Britten-Norman Service Bulletin SB 
number 303, Issue 1, dated May 14, 2004.
    (2) If corrosion is found, the elevator control rod must be 
replaced before further flight.

FAA AD Differences

    (f) When complying with this AD, repeat the actions in 
paragraphs (e)(1) and (e)(2) of this AD at intervals not to exceed 
12 months.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Staff, FAA, ATTN: Taylor Martin, Aerospace Safety 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, 
Kansas City, Missouri 64106; telephone: (816) 329-4138; fax: (816) 
329-4090, has the authority to approve AMOCs for this AD, if 
requested using the procedures found in 14 CFR 39.19.
    (2) Return to Airworthiness: When complying with this AD, 
perform FAA-approved corrective actions before returning the product 
to an airworthy condition.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) This AD is related to MCAI United Kingdom Airworthiness 
Directive No: G-2004-0011, Issued Date: May 25, 2004, which

[[Page 32494]]

references B-N Group Ltd. Britten-Norman Service Bulletin SB number 
303, Issue 1, dated May 14, 2004, for information on required 
actions.

    Issued in Kansas City, Missouri, on May 30, 2006.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-8713 Filed 6-5-06; 8:45 am]
BILLING CODE 4910-13-P