[Federal Register Volume 71, Number 156 (Monday, August 14, 2006)]
[Rules and Regulations]
[Pages 46395-46396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13015]


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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; 
Amendment 39-14719; AD 2006-16-19]
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: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) issued by an airworthiness authority 
of another country to identify and correct an unsafe condition on an 
aviation product. We are issuing this AD to require actions to correct 
the unsafe condition on these products.

DATES: This AD becomes effective September 18, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 18, 
2006.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC.

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:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on June 6, 2006 (71 FR 
32492). That NPRM proposed to require an inspection of the internal 
surface of the elevator system final drive control rod and replacement 
if found corroded.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We have considered the comment received.
    The Modification and Replacement Parts Association (MARPA) provides 
comments to the MCAI AD process pertaining to how the FAA addresses 
parts manufacturer approval (PMA) parts. The commenter would like to 
see the FAA more fully address the intent of the AD as it affects PMA 
alternatives to the unsafe Original Equipment Manufacturer (OEM) part.
    We acknowledge the need to ensure that unsafe PMA parts are 
identified and addressed in MCAI-related ADs. We are currently 
examining all aspects of this issue, including input from industry. 
Once we have made a final determination, we will consider how our 
policy regarding PMA parts in ADs needs to be revised. We consider that 
to delay this AD action would be inappropriate since we have determined 
that an unsafe condition exists and that replacement of certain parts 
must be accomplished to ensure continued safety.
    We have not changed the final rule AD action based on this comment.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD as proposed.

Differences Between This 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 required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are described in a separate paragraph of the AD. These requirements, if 
any, take precedence over the actions copied from the MCAI.

Costs of Compliance

    Based on the service information, we estimate that this AD will 
affect about 91 products of U.S. registry. We also estimate that it 
will take about 5 work-hours per product to do the action and that the 
average labor rate is $80 per work-hour. Required parts will 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 this 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 the 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 the 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 determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between

[[Page 46396]]

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 this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD Docket.

Examining the AD Docket

    You may examine the AD docket 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 AD 
docket contains the NPRM, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Office (telephone (800) 647-5227) is 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2006-16-19 B-N Group Ltd.: Amendment 39-14719; Docket No. FAA-2005-
22420; Directorate Identifier 2005-CE-47-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective 
September 18, 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 
references B-N Group Ltd. Britten-Norman Service Bulletin SB number 
303, Issue 1, dated May 14, 2004, for information on required 
actions.

Material Incorporated by Reference

    (i) You must use B-N Group Ltd. Britten-Norman Service Bulletin 
SB number 303, Issue 1, dated May 14, 2004, to do the actions 
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this 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.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 
64106; or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on August 4, 2006.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-13015 Filed 8-11-06; 8:45 am]
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