[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
[Proposed Rules]
[Pages 43342-43344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10295]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1299; Project Identifier MCAI-2023-00237-A]
RIN 2120-AA64


Airworthiness Directives; Britten-Norman Aerospace 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 certain Britten-Norman Aerospace 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, 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 the determination 
that in order to ensure the continued structural integrity of certain 
landing gear and associated components, it is necessary to require 
removal of these components from service prior to exceeding established 
fatigue lives. This proposed AD would require determining the number of 
landings on affected main landing gears (MLGs), nose landing gears 
(NLGs), and associated components; removing from service any part that 
has reached or exceeded the established fatigue life and installing a 
replacement part; and prohibiting the installation of any affected part 
unless the number of landings for that part is below the established 
fatigue life. The FAA is proposing this AD to address the unsafe 
condition on these products.

DATES: The FAA must receive comments on this NPRM by July 1, 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-2024-1299; 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 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, contact Britten-Norman Aerospace 
Ltd., Bembridge Airport, Bembridge, Isle of Wight, UK, PO35 5PR; 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-2024-1299; Project Identifier 
MCAI-2023-00237-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.

[[Page 43343]]

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), issued AD G-2023-0001, dated 
February 8, 2023 (also referred to as the MCAI), to correct an unsafe 
condition on Britten-Norman Aircraft Ltd. (now Britten-Norman Aerospace 
Ltd.) Model BN2 series Islander (BN2, BN2A, A-2, A-3, A-6, A-8, -9, -
20, -21, -26, -27; BN2B-20, -21, -26, -27; BN2T; and BN2T-4R, -4S) 
airplanes; and Model BN2A Mark III Trislander (BN.2A MARK III, BN.2A 
MARK III-1, BN.2A MARK III-2, and BN.2A MARK III-3) airplanes, fitted 
with landing gear and associated components manufactured by Fairey 
Hydraulics Ltd (FHL) and Britten-Norman Aircraft (BNA). The MCAI states 
that to ensure the continued safe operation of the Islander's and 
Trislander's NLG, MLG, and associated components, the manufacturer and 
the UK CAA determined that affected parts exceeding the established 
fatigue lives must be removed from service and that installation of 
parts that have reached their established fatigue lives must be 
prohibited.
    The FAA is proposing this AD to address this unsafe condition. 
Exceeding the established fatigue life, if not addressed, could result 
in failure of the structural integrity of the landing gear and 
associated components, which could result in damage to the airplane and 
injury to occupants.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-1299.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Britten-Norman Service Bulletin SB 298, Issue 3, 
dated July 7, 2023. This service information provides procedures for 
identifying the affected MLGs, NLGs, and associated components that 
need to have the number of landings tracked and provides the associated 
fatigue life. This service information also specifies to remove from 
service any affected part that exceeds the specified fatigue life.
    This service bulletin 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 service information already described. This proposed AD would 
also prohibit the installation of a MLG, NLG, or associated component 
unless it is a part eligible for installation.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 87 airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
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             Action                  Labor cost       Parts cost     Cost per product     Cost on U.S. operators
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Determine the number of          1 work-hour x $85            $0  $85...................  $7,395.
 landings accumulated on          per hour = $85.
 affected MLGs, NLGs, and
 associated components.
Replace MLG....................  16 work-hours x          30,000  $31,360...............  $2,728,320.
                                  $85 per hour =
                                  $1,360.
Replace NLG....................  16 work-hours x          35,000  $36,360...............  $3,163,320.
                                  $85 per hour =
                                  $1,360.
Replace associated components..  Up to 4 work-hours        4,000  Up to $4,340..........  Up to $377,580.
                                  x $85 per hour =
                                  $340.
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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.
    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

[[Page 43344]]

    (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 Aerospace Ltd.: Docket No. FAA-2024-1299; Project 
Identifier MCAI-2023-00237-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by July 1, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to certain Britten-Norman Aerospace Ltd. 
airplanes fitted with Fairey Hydraulics Ltd or Britten-Norman 
Aircraft landing gear and associated landing gear components, 
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 3200, Landing Gear 
System.

(e) Unsafe Condition

    This AD was prompted by the determination that in order to 
ensure the continued structural integrity of certain landing gear 
and associated components, it is necessary to require removal of 
these components from service prior to exceeding established fatigue 
lives. Exceeding the established fatigue life, if not addressed, 
could result in failure of the structural integrity of the landing 
gear, which could result in damage to the airplane and injury to 
occupants.

(f) Compliance

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

(g) Definitions

    For the purposes of this AD:
    (1) An ``affected part'' is a main landing gear (MLG), nose 
landing gear (NLG), or component identified in Table 1, 2, or 3 of 
Section 6 in Britten-Norman SB 298, Issue 3, dated July 7, 2023 
(Britten-Norman SB 298, Issue 3).
    (2) A ``part eligible for installation'' is an MLG, NLG, or 
component with a part that has been established to be below the 
associated fatigue life identified in Table 1, 2, or 3 of Section 6 
in Britten-Norman SB 298, Issue 3.

(h) Required Actions

    (1) Within 30 days after the effective date of this AD, 
determine the number of landings accumulated on the affected parts.
    (2) Before accumulating the number of landings (fatigue life) 
associated with the applicable affected part as identified in Table 
1, 2, or 3 of Section 6 in Britten-Norman SB 298, Issue 3, or within 
the next 30 days after the effective date of this AD, whichever 
occurs later, replace any affected part with a part eligible for 
installation.
    (3) Thereafter, replace any affected part with a part eligible 
for installation before accumulating the fatigue life, as identified 
in Table 1, 2, or 3 of Section 6 in Britten-Norman SB 298, Issue 3.
    (4) As of the effective date of this AD, do not install a MLG, 
NLG, or associated component unless it is a part eligible for 
installation.

(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, send 
it to the attention of the person 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 United Kingdom (UK) Civil Aviation Authority (CAA) 
AD G-2023-0001, dated February 8, 2023, for related information. 
This UK CAA AD may be found in the AD docket at regulations.gov 
under Docket No. FAA-2024-1299.
    (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 298, Issue 3, dated July 
7, 2023.
    (ii) [Reserved]
    (3) For service information, contact Britten-Norman Aerospace 
Ltd., Bembridge Airport, Bembridge, Isle of Wight, UK, PO35 5PR; 
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 May 7, 2024.
James D. Foltz,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-10295 Filed 5-16-24; 8:45 am]
BILLING CODE 4910-13-P