[Federal Register Volume 71, Number 217 (Thursday, November 9, 2006)]
[Rules and Regulations]
[Pages 65714-65716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18723]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25668; Directorate Identifier 2006-CE-44-AD; 
Amendment 39-14815; AD 2006-23-03]
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), DOT.

ACTION: Final rule.

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SUMMARY: The FAA adopts a new airworthiness directive (AD) for all 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. This AD requires you to 
inspect the horizontal stabilizer attachment bolts and anchor nuts for 
damage and wear and replace damaged and/or worn parts with new, 
modified parts. If no damaged or worn parts are found during the 
inspection, this AD requires you to replace the horizontal stabilizer 
attachment bolts and anchor nuts at a specified time with new, modified 
parts. This AD results from mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for the United 
Kingdom. We are issuing this AD to detect and correct damaged and/or 
worn horizontal stabilizer attachment bolts and anchor nuts, which 
could result in failure of the horizontal stabilizer. This failure 
could result in loss of control.

DATES: This AD becomes effective on December 14, 2006.
    As of December 14, 2006, the Director of the Federal Register 
approved the incorporation by reference of certain publications listed 
in the regulation.

ADDRESSES: To get the service information identified in this AD, 
contact B-N Group Ltd., Bembridge Airport, Isle of Wight, PO35 5PR, 
United Kingdom; telephone: +44 (0) 1983 872511; fax: +44 (0) 1983 
873246.
    To view the AD docket, go to the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC 20590-001 or on the Internet at http://dms.dot.gov. The docket number is FAA-2006-25668; Directorate 
Identifier 2006-CE-44-AD.

FOR FURTHER INFORMATION CONTACT: Albert J. Mercado, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri, 64106; telephone: (816) 329-4119; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION: 

Discussion

    On September 11, 2006, 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 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. 
This proposal was published in the Federal Register as a notice of 
proposed rulemaking (NPRM) on September 15, 2006 (71 FR 54438). The 
NPRM proposed to require you to inspect the horizontal stabilizer 
attachment bolts and anchor nuts for damage and wear and replace 
damaged and/or worn parts with new, modified parts. If no damaged or 
worn parts are found during the proposed inspection, the NPRM proposed 
to require you to replace the horizontal stabilizer attachment bolts 
and anchor nuts at a specified time with new, modified parts.

Comments

    We provided the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
and FAA's response to each comment:

Comment Issue No. 1: Publish the Manufacturer Service Information

    Jack Buster with the Modification and Replacement Parts Association 
(MARPA) provides comments on the MCAI AD process pertaining to how the 
FAA addresses publishing manufacturer service information as part of a 
proposed AD action. The commenter states that the proposed rule 
attempts to require compliance with a public law by reference to a 
private writing (as referenced in paragraph (e) of the proposed AD). 
The commenter would like the FAA to incorporate by reference (IBR) the 
B-N Group Ltd. service information.
    We agree with Mr. Buster. However, we do not IBR any document in a 
proposed AD action, instead we IBR the document in the final rule. 
Since we are issuing the proposal as a final rule AD action, B-N 
Britten-Norman Aircraft Limited Service Bulletin number SB 302, Issue 
2, dated April 12, 2005, and B-N Group Ltd. Modification Leaflet for 
Mod NB-M-1787, Issue 1, dated August 1, 2005, are incorporated by 
reference.

Comment Issue No. 2: Availability of IBR Documents in the Docket 
Management System (DMS)

    Mr. Buster requests IBR documents be made available to the public 
by publication in the Federal Register or in the DMS.
    We are currently reviewing issues surrounding the posting of 
service bulletins in the Department of Transportation's DMS as part of 
the AD docket. Once we have thoroughly examined all aspects of this 
issue and have made a final determination, we will consider whether our 
current practice needs to be revised.

Comment Issue No. 3: Allow Replacement With FAA-approved Equivalent 
Parts

    Mr. Buster requests allowing the use of FAA-approved equivalent 
parts for replacing the horizontal stabilizer attachment bolts and 
anchor nuts with modified horizontal stabilizer attachment bolts.
    We agree with Mr. Buster. We will allow the use of FAA-approved 
equivalent parts when installing the modified horizontal stabilizer 
attachment bolts.
    We are adding the phrase ``or FAA-approved equivalent part'' in 
paragraphs (e)(2), (e)(3), and (e)(4) of this AD based on this comment.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed 
except for minor editorial corrections. We have determined that these 
minor corrections:
     Are consistent with 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.

Differences Between the Foreign Airworthiness Authority AD, the Service 
Bulletin, and This AD

    The MCAI British AD No. G-2004-0014 R1, Effective Date: July 29, 
2005, and B-N Britten-Norman Aircraft Limited Service Bulletin number 
SB 302, Issue 2, dated April 12, 2005, allow

[[Page 65715]]

1,000-hour repetitive inspections of the horizontal stabilizer 
attachment bolts and anchor nuts with the option of installing the new, 
modified horizontal stabilizer attachment bolts as a terminating action 
for the repetitive inspections. This AD does not allow continued 
repetitive inspections.
    The actions required by this AD are consistent with the FAA's aging 
commuter aircraft policy, which briefly states that, when a 
modification exists that could eliminate or reduce the number of 
required critical inspections, the modification should be incorporated. 
This policy is based on the FAA's determination that reliance on 
critical repetitive inspections on airplanes utilized in commuter 
service carries an unnecessary safety risk when a design change exists 
that could eliminate or, in certain instances, reduce the number of 
those critical inspections. In determining what inspections are 
critical, the FAA considers (1) The safety consequences of the airplane 
if the known problem is not detected by the inspection; (2) the 
reliability of the inspection such as the probability of not detecting 
the known problem; (3) whether the inspection area is difficult to 
access; and (4) the possibility of damage to an adjacent structure as a 
result of the problem.

Costs of Compliance

    We estimate that this AD will affect 91 airplanes in the U.S. 
registry.
    We estimate the following costs to do the inspection:

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                                                             Total cost per
          Labor cost                    Parts cost              airplane        Total cost on U.S.  operators
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1 work-hour x $80 per hour =    Not applicable............             $80   $80 x 91 = $7,280.
 $80.
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    We estimate the following costs to do the replacements:

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                Labor cost                    Parts cost               Total cost per airplane                     Total cost on U.S.  operators
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3 work-hours x $80 per hour = $240.......          $1,600   $240 + $1,600 = $1,840.......................  $1,840 x 91 = $167,440.
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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 AD.

Regulatory Findings

    We have 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 
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 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 summary of the costs to comply with this AD (and 
other information as included in the Regulatory Evaluation) and placed 
it in the AD Docket. You may get a copy of this summary by sending a 
request to us at the address listed under ADDRESSES. Include ``Docket 
No. FAA-2006-25668; Directorate Identifier 2006-CE-44-AD'' in your 
request.

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 Federal Aviation Administration amends part 39 of the Federal 
Aviation Regulations (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. FAA amends Sec.  39.13 by adding a new AD to read as follows:

2006-23-03 B-N Group Ltd: Amendment 39-14815; Docket No. FAA-2006-
25668; Directorate Identifier 2006-CE-44-AD.

Effective Date

    (a) This AD becomes effective on December 14, 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; 
that are certificated in any category.

Unsafe Condition

    (d) This AD is the result of mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for the 
United Kingdom. The actions specified in this AD are intended to 
detect and correct damaged and/or worn horizontal stabilizer 
attachment bolts and anchor nuts, which could result in failure of 
the horizontal stabilizer. This failure could result in loss of 
control.

Compliance

    (e) To address this problem, you must do the following, unless 
already done:

[[Page 65716]]



------------------------------------------------------------------------
             Actions                  Compliance          Procedures
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(1) Inspect the horizontal        Within the next 50  Follow B-N Britten-
 stabilizer attachment bolts and   hours time-in-      Norman Aircraft
 anchor nuts for damage and wear.  service (TIS) or    Limited Service
                                   2 months,           Bulletin number
                                   whichever occurs    SB 302, Issue 2,
                                   first, after        dated April 12,
                                   December 14, 2006   2005.
                                   (the effective
                                   date of this AD).
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(2) If you find any damaged or    Before further      Follow B-N Britten-
 worn horizontal stabilizer        flight after the    Norman Aircraft
 attachment bolts and/or anchor    inspection          Limited Service
 nuts during the inspection        required in         Bulletin number
 required in paragraph (e)(1) of   paragraph (e)(1)    SB 302, Issue 2,
 this AD, replace with new,        of this AD.         dated April 12,
 modified horizontal stabilizer                        2005. Do any
 attachment bolts as specified                         necessary
 in the service information (or                        replacements
 FAA-approved equivalent part).                        following B-N
                                                       Group Ltd.
                                                       Modification
                                                       Leaflet for Mod
                                                       NB-M-1787, Issue
                                                       1, dated August
                                                       1, 2005.
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(3) If you do not find damaged    Upon accumulating   Follow B-N Group
 or worn horizontal stabilizer     1,000 hours TIS     Ltd. Modification
 attachment bolts and/or anchor    after the           Leaflet for Mod
 nuts during the inspection        inspection          NB-M-1787, Issue
 required in paragraph (e)(1) of   required in         1, dated August
 this AD, replace the horizontal   paragraph (e)(1)    1, 2005.
 stabilizer attachment bolts and   of this AD.
 anchor nuts with new, modified
 horizontal stabilizer
 attachment bolts as specified
 in the service information (or
 FAA-approved equivalent part).
------------------------------------------------------------------------
(4) You may replace the           As of December 14,  Follow B-N Group
 horizontal stabilizer             2006 (the           Ltd. Modification
 attachment bolts and anchor       effective date of   Leaflet for Mod
 nuts with the new, modified       this AD).           NB-M-1787, Issue
 horizontal stabilizer                                 1, dated August
 attachment bolts as specified                         1, 2005.
 in the service information (or
 FAA-approved equivalent part)
 at any time, but no later than
 the applicable times specified
 in paragraphs (e)(2) and (e)(3)
 of this AD. After installing
 the new, modified horizontal
 stabilizer attachment bolts, no
 further action is required.
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Standards Staff, FAA, Small Airplane 
Directorate, ATTN: Albert J. Mercado, Aerospace Engineer, 901 
Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-
4119; fax: (816) 329-4090, has the authority to approve AMOCs for 
this AD, if requested using the procedures found in 14 CFR 39.19.

Related Information

    (g) MCAI United Kingdom Civil Aviation Authority AD No. G-2004-
0014 R1, Effective Date: July 29, 2005, also addresses the subject 
of this AD.

Material Incorporated by Reference

    (h) You must use B-N Britten-Norman Aircraft Limited Service 
Bulletin number SB 302, Issue 2, dated April 12, 2005, and B-N Group 
Ltd. Modification Leaflet for Mod NB-M-1787, Issue 1, dated August 
1, 2005, 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 B-N 
Group Ltd., Bembridge Airport, Isle of Wight, PO35 5PR, United 
Kingdom; telephone: +44 (0) 1983 872511; fax: +44 (0) 1983 873246.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on October 30, 2006.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
 [FR Doc. E6-18723 Filed 11-8-06; 8:45 am]
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