[Federal Register Volume 76, Number 55 (Tuesday, March 22, 2011)]
[Rules and Regulations]
[Pages 15820-15822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5454]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-1255 Directorate Identifier 2010-CE-059-AD;
Amendment 39-16618; AD 2011-05-09]
RIN 2120-AA64
Airworthiness Directives; B-N Group Ltd. Model 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, and BN-2T-4R
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 aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:
An event has been reported where Glass Fibre Reinforced Plastic
(GFRP) elevator tips have been found deformed on in-service
aircraft. The outboard three inches of the elevator tip assembly
profiles (top and bottom surfaces) had changed from being convex
profiles to concave profiles. There is concern that this could
potentially result in, or be caused by, internal structural
delamination and/or failure. Such a failure could have a serious
effect on the aircraft handling and could potentially result in loss
of control of the aircraft.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective April 26, 2011.
On April 26, 2011, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in this
AD.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590.
For service information identified in this AD, contact
Airworthiness, Britten-Norman Aircraft Ltd., Bembridge Airport, Isle of
Wight, PO35 5PR, United Kingdom; telephone: +44(0) 20 3371
[[Page 15821]]
4000; fax: +44(0) 20 3371 4001; e-mail: [email protected]. You
may review copies of the referenced service information at the FAA,
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106.
For information on the availability of this material at the FAA, call
816-329-4148.
FOR FURTHER INFORMATION CONTACT: Taylor Martin, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4138; fax: (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 December 21, 2010
(75 FR 79990). That NPRM proposed to correct an unsafe condition for
the specified products. The MCAI states:
An event has been reported where Glass Fibre Reinforced Plastic
(GFRP) elevator tips have been found deformed on in-service
aircraft. The outboard three inches of the elevator tip assembly
profiles (top and bottom surfaces) had changed from being convex
profiles to concave profiles. There is concern that this could
potentially result in, or be caused by, internal structural
delamination and/or failure. Such a failure could have a serious
effect on the aircraft handling and could potentially result in loss
of control of the aircraft.
For the reasons stated above, the initial issue of this AD (AD
2009-0105) mandated inspection of the GFRP elevator tips and
replacement of any deformed parts.
Its Revision 1 (AD 2009-0105R1) extends the compliance time by
three months.
Its Revision 2 (AD 2009-0105R2) extends the compliance time by
an additional three months.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.
Conclusion
We reviewed the available data 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 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 FAA policies. Any such differences are
highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect 135 products of U.S. registry.
We also estimate that it will take about 2 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $10,000 per
product.
Based on these figures, we estimate the cost of this AD to the U.S.
operators to be $1,372,950 or $10,170 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 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 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://www.regulations.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) 647-5527) 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
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:
2011-05-09 B-N Group Ltd.: Amendment 39-16618; Docket No. FAA-2010-
1255; Directorate Identifier 2010-CE-059-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective April
26, 2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to B-N Group Ltd. 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, and BN-2T-
4R airplanes, all serial numbers, certificated in any category.
Subject
(d) Air Transport Association of America (ATA) Code 27: Flight
Controls.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
An event has been reported where Glass Fibre Reinforced Plastic
(GFRP) elevator tips
[[Page 15822]]
have been found deformed on in-service aircraft. The outboard three
inches of the elevator tip assembly profiles (top and bottom
surfaces) had changed from being convex profiles to concave
profiles. There is concern that this could potentially result in, or
be caused by, internal structural delamination and/or failure. Such
a failure could have a serious effect on the aircraft handling and
could potentially result in loss of control of the aircraft.
For the reasons stated above, the initial issue of this AD (AD
2009-0105) mandated inspection of the GFRP elevator tips and
replacement of any deformed parts.
Its Revision 1 (AD 2009-0105R1) extends the compliance time by
three months.
Its Revision 2 (AD 2009-0105R2) extends the compliance time by
an additional three months.
Actions and Compliance
(f) Unless already done, do the following actions:
(1) Before further flight after April 26, 2011 (the effective
date of this AD), visually inspect for deformation of shape and
signs of concavity the elevator tip assemblies (top and bottom
surfaces) as instructed in paragraphs 6 and 9 of Britten-Norman
Aircraft Limited Service Bulletin Number BN-2/SB 313, Issue 3, dated
February 24, 2009. If no sign of deformity or concavity is found as
a result of the inspection required by paragraph (f)(1) of this AD,
no further action is required by this AD except for the requirements
of paragraph (f)(3) of this AD.
(2) If signs of deformation or concavity are found, before
further flight, inspect for delamination the elevator tip as
instructed in paragraph 9 of Britten-Norman Aircraft Limited Service
Bulletin Number BN-2/SB 313, Issue 3, dated February 24, 2009.
(i) If delamination is found as a result of any inspection
required by this AD, before further flight, replace the elevator tip
with a serviceable elevator tip following Britten-Norman Ltd.
Drawing NB-31-235, Issue 13; Britten-Norman Ltd. Drawing NB-31-873,
Issue 2; or Britten-Norman Ltd. Drawing NB-0906, Issue 3, as
applicable to airplane models.
(ii) If no delamination is found as a result of any inspection
required by this AD, at intervals not to exceed 50 hours time-in-
service (TIS) and until accomplishment of paragraph (f)(2)(iii) of
this AD, inspect for delamination the elevator tip as instructed in
paragraph 9 of Britten-Norman Aircraft Limited Service Bulletin
Number BN-2/SB 313, Issue 3, dated February 24, 2009.
(iii) Within 12 months after the effective date of this AD,
unless already done as required by paragraph (f)(2)(i) of this AD,
replace the elevator tip with a serviceable elevator tip following
Britten-Norman Ltd. Drawing NB-31-235, Issue 13; Britten-Norman Ltd.
Drawing NB-31-873, Issue 2; or Britten-Norman Ltd. Drawing NB-31-
0906, Issue 3, as applicable to airplane models.
(3) After April 26, 2011 (the effective date of this AD), do not
install elevator tips on any airplane, unless they have already been
inspected in accordance with Britten-Norman Aircraft Limited Service
Bulletin Number BN-2/SB 313, Issue 3, dated February 24, 2009, and
determined to be free from concavity and delamination.
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to Attn: Taylor Martin, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4138; fax: (816) 329-4090. Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.
Related Information
(h) Refer to MCAI EASA AD No.: 2009-0105R2, dated March 9, 2010;
Britten-Norman Aircraft Limited Service Bulletin Number BN-2/SB 313,
Issue 3, dated February 24, 2009, Britten-Norman Ltd. Drawing NB-31-
235, Issue 13; Britten-Norman Ltd. Drawing NB-31-873, Issue 2; and
Britten-Norman Ltd. Drawing NB-31-0906, Issue 3. For service
information related to this AD, contact Airworthiness, Britten-
Norman Aircraft Ltd., Bembridge Airport, Isle of Wight, PO35 5PR,
United Kingdom; telephone: +44(0) 20 3371 4000; fax: +44(0) 20 3371
4001; e-mail: [email protected]. You may review copies of
the referenced service information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
816-329-4148.
Material Incorporated by Reference
(i) You must use Britten-Norman Aircraft Limited Service
Bulletin Number BN-2/SB 313, Issue 3, dated February 24, 2009,
Britten-Norman Ltd. Drawing NB-31-235, Issue 13, dated May 20, 2010;
Britten-Norman Ltd. Drawing NB-31-873, Issue 2, dated October 9,
1996; and Britten-Norman Ltd. Drawing NB-31-0906, Issue 3, dated
November 24, 2009, 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
Airworthiness, Britten-Norman Aircraft Ltd., Bembridge Airport, Isle
of Wight, PO35 5PR, United Kingdom; telephone: +44(0) 20 3371 4000;
fax: +44(0) 20 3371 4001; e-mail: [email protected].
(3) You may review copies of the referenced service information
at the FAA, Small Airplane Directorate, 901 Locust, Kansas City,
Missouri 64106. For information on the availability of this material
at the FAA, call 816-329-4148.
(4) You may also review copies of the service information
incorporated by reference for this AD 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 March 4, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-5454 Filed 3-21-11; 8:45 am]
BILLING CODE 4910-13-P