[Federal Register Volume 89, Number 22 (Thursday, February 1, 2024)]
[Proposed Rules]
[Pages 6452-6455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01985]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0044; Project Identifier MCAI-2023-00629-A]
RIN 2120-AA64


Airworthiness Directives; Britten-Norman Aircraft, Ltd. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Britten-Norman Aircraft, 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-2B27, BN-2T, BN2T-4R, and BN2T-4S 
airplanes; and Model BN2A MK. III, BN2A MK. III-2, and BN2A MK. III-3 
airplanes. This proposed AD was prompted by reports of electrical cable 
(Koiled Kord) and flight control cables interference with the control 
column. This proposed AD would require inspecting for interference 
between the control column, rudder pedal adjuster cable, and any wiring 
(including the Koiled Kord) concurrently with performing a flight 
control full and free movement inspection, and taking corrective 
actions if necessary. The FAA is proposing this AD to address the 
unsafe condition on these products.

DATES: The FAA must receive comments on this NPRM by March 18, 2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-0044; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this NPRM, the mandatory

[[Page 6453]]

continuing airworthiness information (MCAI), any comments received, and 
other information. The street address for Docket Operations is listed 
above.
    Material Incorporated by Reference:
     For service information identified in this NPRM, contact 
Britten-Norman Aircraft Ltd., Bembridge Airport, Bembridge, Isle of 
Wight, PO35 5PR United Kingdom; phone: +44 20 3371 4000; email: 
norman.com">customer.support@britten-norman.com; website: britten-norman.com/approvals-technical-publications.
     You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 Locust, 
Kansas City, MO 64106. For information on the availability of this 
material at the FAA, call (817) 222-5110.

FOR FURTHER INFORMATION CONTACT: Penelope Trease, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: (303) 342-1094; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2024-0044; Project Identifier 
MCAI-2023-00629-A'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 
Penelope Trease, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590. Any commentary that the FAA receives 
which is not specifically designated as CBI will be placed in the 
public docket for this rulemaking.

Background

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom (UK), has issued CAA UK AD G-2022-
0017, dated September 20, 2022 (also referred to as the MCAI), to 
correct an unsafe condition on all Britten-Norman Aircraft Ltd. Model 
BN2 series Islander airplanes; and Model BN2A Mark III Trislander 
airplanes. The MCAI states that there have been occurrences of flight 
control restriction in pitch during the pilot's full and free flight 
control checks prior to take-off. Investigations into these occurrences 
revealed interference between the routing of the Koiled Kord, flight 
control cables, and control column, which could restrict the full and 
free movement of the flight controls. An incorrectly routed Koiled Kord 
could snag the rudder pedal adjustment cable, draw it towards the 
control column tube where it could snag the aileron control stop, and 
restrict movement of the control column tube. This increased load on 
the rudder pedal adjustment cable could unlock the adjustment 
mechanism, permitting the rudder pedals to freely move forward and aft. 
One of the investigations also revealed that a correctly routed Koiled 
Kord was entangled with an incorrectly routed rudder pedal adjustment 
cable, which resulted in snagging the aileron control stop. In order to 
address this condition, the MCAI requires an inspection using Britten-
Norman Service Bulletin SB 398, Issue 2, dated May 30, 2022 (Britten-
Norman SB 398, Issue 2), to ensure the Koiled Kord is correctly routed 
behind the instrument panel and that the rudder pedal adjustment cable 
and Koiled Kord are not interfering with each other.
    The FAA is proposing this AD to address this unsafe condition. 
Interference between the Koiled Kord, flight control cables, and the 
control column, if not addressed, could result in loss of control of 
the airplane during flight.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-0044.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Britten-Norman SB 398, Issue 2, which specifies 
procedures for inspecting the cable routing behind the instrument panel 
to determine if the cables and wiring to the instrument panel, wiring 
in the surrounding area, the rudder pedal adjuster cable, and the 
Koiled Kord are routed securely and there is clearance to allow full 
and free movement of the flight controls, and if interference is found, 
securely tying the cables so they are clear of the control column for 
its full range of motion. This service information is reasonably 
available because the interested parties have access to it through 
their normal course of business or by the means identified in 
ADDRESSES.

FAA's Determination

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI and service information referenced above. The FAA is issuing 
this NPRM after determining that the unsafe condition described 
previously is likely to exist or develop on other products of the same 
type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the MCAI except as discussed under ``Differences Between this 
Proposed AD and the MCAI.''

Differences Between This Proposed AD the MCAI

    The MCAI specifies that if any interference is found during the 
inspection for interference between the control column, rudder pedal 
adjuster cable, and any wiring (including the Koiled Kord) while 
performing a flight control full and free movement check, complete the 
operator feedback form in Appendix A of Britten-Norman SB 398, Issue 2, 
and return it to Britten-Norman Aircraft, Ltd. That action would not be 
required by this proposed AD.

[[Page 6454]]

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 72 airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
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Inspect for interference and full     1 work-hour x $85 per                $0              $85           $6,120
 and free movement.                    hour = $85.
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    The FAA estimates the following costs to do any necessary actions 
that would be required based on the results of the proposed inspection. 
The agency has no way of determining the number of airplanes that might 
need these actions:

                                               On-Condition Costs
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                 Action                          Labor cost             Parts cost         Cost per product
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Correct Koiled Kord cable routing......  Up to 3 work-hours x $85                $0   Up to $255.
                                          per hour = $255.
----------------------------------------------------------------------------------------------------------------

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.
    The FAA is 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

    The FAA 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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 airworthiness 
directive:

Britten-Norman Aircraft, Ltd.: Docket No. FAA-2024-0044; Project 
Identifier MCAI-2023-00629-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by March 18, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Britten-Norman Aircraft Ltd airplanes, all 
serial numbers, certificated in any category, identified in 
paragraphs (c)(1) and (2) of this AD.
    (1) 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, BN2T-4R, and BN2T-4S airplanes.
    (2) Model BN2A MK. III, BN2A MK. III-2, and BN2A MK. III-3 
airplanes.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2797, Flight Control 
System Wiring.

(e) Unsafe Condition

    This AD was prompted by reports of electrical cable (Koiled 
Kord) and flight control cables interference with the control 
column. The FAA is issuing this AD to address interference between 
the Koiled Kord, flight control cables, and the control column, 
which could restrict the full and free movement of the flight 
controls. This unsafe condition, if not addressed, could result in 
loss of control of the airplane during flight.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Definition

    For the purposes of this AD, a Koiled Kord is the coiled 
electrical cable that carries the wires from switches on the control 
yoke, through the control column tube, to the rear of the instrument 
panel. It exits the control column tube behind the instrument panel 
and continues to a terminal block.

(h) Required Actions

    (1) Within 100 hours time-in-service (TIS) after the effective 
date of this AD, inspect for interference between the control 
column, rudder pedal adjuster cable, and any other wiring, including 
the Koiled Kord, in accordance with Sections 6 and 7(1) of Britten-
Norman Service Bulletin SB 398, Issue 2, dated May 30, 2022 
(Britten-Norman SB 398, Issue 2), while concurrently

[[Page 6455]]

performing a control column full and free movement inspection, in 
accordance with Section 8 of Britten-Norman SB 398, Issue 2, to 
inspect for free play, friction, binding, non-linear forces, and any 
remaining interference.
    (2) If interference between the control column, the rudder pedal 
adjuster cable, and any other wiring, including the Koiled Kord, or 
any free play, friction, binding, non-linear forces, or any 
remaining interference was found during the inspections required by 
paragraph (h)(1) of this AD, before further flight, securely tie any 
interfering electrical cables clear of the control column for its 
full range of motion and perform a final full and free movement 
inspection in accordance with Section 8 of Britten-Norman SB 398, 
Issue 2, to inspect for free play, friction, binding, non-linear 
forces, and any remaining interference. If there is any free play, 
friction, binding, non-linear forces, or any remaining interference, 
before further flight resolve these issues in accordance with a 
method approved by the Manager, International Validation Branch, 
FAA; or the Civil Aviation Authority United Kingdom (CAA UK); or 
Britten-Norman Aircraft Ltd.'s CAA UK Design Organization Approval 
(DOA). If approved by the DOA, the approval must include the DOA-
authorized signature.

(i) Alternative Methods of Compliance (AMOCs)

    The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, mail 
it to the address identified in paragraph (j)(2) of this AD or email 
to: [email protected]. If mailing information, also submit 
information by email. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the local Flight Standards District Office/
certificate holding district office.

(j) Additional Information

    (1) Refer to CAA UK AD G-2022-0017, dated September 20, 2022, 
for related information. This CAA UK AD may be found in the AD 
docket at regulations.gov under Docket No. FAA-2024-0044.
    (2) For more information about this AD, contact Penelope Trease, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (303) 342-1094; email: 
[email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Britten-Norman Service Bulletin SB 398, Issue 2, dated May 
30, 2022.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Britten-Norman Aircraft Ltd., Bembridge Airport, Bembridge, Isle of 
Wight, PO35 5PR United Kingdom; phone: +44 20 3371 4000; email: 
norman.com">customer.support@britten-norman.com; website: britten-norman.com/approvals-technical-publications.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 
Locust, Kansas City, MO 64106. For information on the availability 
of this material at the FAA, call (817) 222-5110.
    (5) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on January 26, 2024.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-01985 Filed 1-31-24; 8:45 am]
BILLING CODE 4910-13-P