### 13717 Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Rules and Regulations

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2015–7777; Directorate Identifier 2015–CE–036–AD; Amendment**  **39–18432; AD 2016–06–01]**

**RIN 2120–AA64**

**Airworthiness Directives; B–N Group Ltd. Airplanes** 

**AGENCY :**  Federal Aviation Administration (FAA), Department of Transportation (DOT).

**ACTION :**  Final rule.

**SUMMARY :**  We are superseding an airworthiness directive (AD) 2007–06– 06 for 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, BN2A MK. III, BN2A MK. III–2, BN2A MK. III–3 BN2A, BN2B, and BN2A MKIII (all models on TCDS A17EU and A29EU) airplanes. 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 cracks in the inner shell of certain pitot/static pressure heads. We are issuing this AD to require actions to address the unsafe condition on these products.

**DATES :**  This AD is effective April 19,

2016.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of April 19, 2016.

**ADDRESSES :**  You may examine the AD docket on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2015– 7777; or in person at the Docket 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 Britten-Norman Aircraft Limited, Commodore House, Mountbatten Business Centre, Millbrook Road East, Southampton SO15 1HY, United Kingdom; telephone: +44 20 3371 4000; fax: +44 20 3371 4001; email: info@bnaircraft.com; Internet: http://www.britten-norman.com/ customer-support/. You may view this 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. It is also available on the Internet

at http://www.regulations.gov by searching for Docket No. FAA–2015–

7777.

**FOR FURTHER INFORMATION CONTACT :**  Raymond Johnston, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329– 4159; fax: (816) 329–3047; email: raymond.johnston@faa.gov.

**SUPPLEMENTARY INFORMATION :** 

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply 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, BN2A MK. III, BN2A MK. III–2, BN2A MK. III–3 BN2A, BN2B, and BN2A MKIII (all models on TCDS A17EU and A29EU) airplanes. That NPRM was published in the Federal Register on December 24, 2015 (80 FR 80291), and proposed to supersede AD 2007–06–06, Amendment 39–14987 (72 FR 12557; March 16, 2007).

The NPRM proposed to correct an unsafe condition for the specified products and was based on mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country. The MCAI states that:

In 2005, occurrences were reported of finding cracks in the inner shell of certain pitot/static pressure heads, Part Number (P/ N) DU130–24.

This condition, if not detected and corrected, could lead to incorrect readings on the pressure instrumentation, e.g. altimeters, vertical speed indicators (rate-of-climb) and airspeed indicators, possibly resulting in reduced control of the aeroplane.

To address this potential unsafe condition, B–N Group issued Service Bulletin (SB) 310 to provide inspection and test instructions. Consequently, CAA UK issued AD G–2005– 0034 (EASA approval 2005–6447) to require repetitive inspections and leak tests and, depending on findings, accomplishment of applicable corrective action(s).

Subsequently, B–N Group published SB 310 issue 2, prompting EASA to issue AD 2006–0143 making reference to SB 310 at issue 2, while the publication of BNA SB 310 issue 3 prompted EASA AD 2006–0143R1, introducing BNA modification (mod) NB–M– 1728 (new pitot/static pressure head not affected by the AD requirements) as optional terminating action for the repetitive inspections and leak tests.

Since that AD was issued, operators have reported a number of premature failures of the affected P/N DU130–24 pitot-static probes.

Prompted by these reports, BNA issued SB 310 issue 4 to reduce the interval for the inspections and leak tests.

For the reason described above, this AD retains the requirements of EASA AD 2006– 0143R1, which is superseded, but requires those actions at reduced intervals.

The MCAI can be found in the AD docket on the Internet at: http:// www.regulations.gov/#!document Detail;D=FAA-2015-7777-0002.

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 relevant data and determined that air safety and the public interest require adopting the AD as proposed except for minor editorial changes. We have determined that these minor changes:

• Are consistent with the intent that was proposed in the NPRM (80 FR 80291, December 24, 2015) for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the NPRM (80 FR 80291, December 24, 2015).

Related Service Information Under 1 CFR Part 51

We reviewed Britten-Norman Service Bulletin Number SB 310, Issue 4, dated September 25, 2015. The service information describes procedures for inspections, and if necessary, replacement of the pitot/static pressure head. 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 the

**ADDRESSES** section of this final rule.
Costs of Compliance

We estimate that this AD will affect 93 products of U.S. registry. We also estimate that it would take about 1 work-hour per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour.

Based on these figures, we estimate the cost of this AD on U.S. operators to be $7,905, or $85 per product.

In addition, we estimate that any necessary follow-on actions would take about 2 work-hours and require parts costing $10,000, for a cost of $10,170 per product. We have no way of determining the number of products that may need these actions.


### 13718 Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Rules and Regulations

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 the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979),

(3) Will not affect intrastate aviation in Alaska, and

(4) 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.
Examining the AD Docket

You may examine the AD docket on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2015– 7777; 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** 

■ 1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

**§ 39.13 [Amended]**

■ 2. The FAA amends § 39.13 by removing Amendment 39–14987 (72 FR 12557; March 16, 2007) and adding the following new AD:
2016–06–01 B–N Group Ltd.: Amendment 39–18432; Docket No. FAA–2015–7777; Directorate Identifier 2015–CE–036–AD.

(a) Effective Date

This airworthiness directive (AD) becomes effective April 19, 2016.

(b) Affected ADs

This AD supersedes AD 2007–06–06, Amendment 39–14987 (72 FR 12557; March 16, 2007).
(c) Applicability

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, BN2A MK. III, BN2A MK. III–2, BN2A MK. III–3 BN2A, BN2B, and BN2A MKIII, BN2A, BN2B, and BN2A MKIII (all models on TCDS A17EU and A29EU) airplanes, all serial numbers, certificated in any category.
(d) Subject

Air Transport Association of America (ATA) Code 34: Navigation.

(e) Reason

This AD was prompted by 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 cracks in the inner shell of certain pitot/static pressure heads. We are issuing this AD to correct cracks of the inner shell of certain pitot/static pressure heads for cracks; which could lead to incorrect readings on the pressure instrumentation, e.g. altimeters, vertical speed indicators (rate-of-climb) and airspeed indicators and possibly result in reduced control of the airplane.
(f) Actions and Compliance

Unless already done, do the following actions in paragraphs (f)(1) through (f)(4) of this AD:

(1) For airplanes equipped with pitot/static pressure head part number (P/N) DU130–24: Within 50 hours time-in-service (TIS) after April 19, 2016 (the effective date of this AD) and repetitively thereafter at intervals not to exceed 50 hours TIS, inspect the pitot/static pressure head for cracks and/or separation and perform a leak test following theprocedures in the action section of BrittenNorman Service Bulletin SB 310, Issue 4, dated September 25, 2015.

(2) For airplanes equipped with pitot/static pressure head part number (P/N) DU130–24: If, during an inspection or test required in paragraph (f)(1) of this AD discrepancies are found, before further flight, replace the pitot/ static pressure head with an airworthy part.

(3) For airplanes equipped with pitot/static pressure head part number (P/N) DU130–24: Corrections performed on airplanes as required in paragraph (f)(2) of this AD do not constitute terminating action for the repetitive actions required in paragraph (f)(1) of this AD.

(4) For airplanes not equipped with a pitot/ static pressure head P/N DU130–24 on the effective date of this AD: After April 19, 2016 (the effective date of this AD), do not install a pitot/static pressure head P/N DU130–24.
(g) Other FAA AD Provisions

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: Raymond Johnston, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329–4159; fax: (816) 329–3047; email: raymond.johnston@faa.gov

. 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.

(h) Related Information

Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 2015–0199, dated October 7, 2015, for related information. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA–2015–7777. For service information related to this AD, contact Britten-Norman Aircraft Limited, Commodore House, Mountbatten Business Centre, Millbrook Road East, Southampton SO15 1HY, United Kingdom; telephone: +44 20 3371 4000; fax: +44 20 3371 4001; email: info@bnaircraft.com; Internet: http:// www.britten-norman.com/customer-support/

. 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.


### 13719 Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Rules and Regulations

(i) Material Incorporated by Reference

(1) The Director of the Federal Register approved the incorporation by reference (IBR) 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 310, Issue 4, dated September 25, 2015.

(ii) Reserved. (3) For Britten-Norman Aircraft Limited service information identified in this AD, contact Britten-Norman Aircraft Limited, Commodore House, Mountbatten Business Centre, Millbrook Road East, Southampton SO15 1HY, United Kingdom; telephone: +44 20 3371 4000; fax: +44 20 3371 4001; email: info@bnaircraft.com; Internet: http:// www.britten-norman.com/customer-support/

.

(4) 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. In addition, you can access this service information on the
Internet at http://www.regulations.gov by searching for and locating Docket No. FAA–

2015–7777.

(5) You may view this service information that is incorporated by reference 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/ibrlocations.html

.

Issued in Kansas City, Missouri, on March 7, 2016. Pat Mullen, Acting Manager, Small Airplane Directorate, Aircraft Certification Service.

[FR Doc. 2016–05509 Filed 3–14–16; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Chapter I**

**[Docket No. FAA–2015–2022]**

**Petition of the Aircraft Owner and Pilots Association (AOPA) To Amend**  **FAA Policy Concerning Flying Club Operations at Federally Obligated**  **Airports**

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Final policy.

**SUMMARY :**  The policy statement clarifies the FAA’s policy interpretation regarding the operation of flying clubs at federally-obligated airports. Specifically, this policy statement amends FAA Order 5190.6B, Airport Compliance Requirements, Section 10.6 Flying Clubs to allow the clubs to compensate instructors and mechanics who are club members for services rendered to the Club. This policy statement also amends the FAA’s definition of flying clubs.

**DATES :**  This action becomes effective April 4, 2016.

**FOR FURTHER INFORMATION CONTACT :**  Miguel Vasconcelos, Airport Compliance Division, ACO–100, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591, telephone (202) 267–3085; facsimile: (202) 267–4620.

**SUPPLEMENTARY INFORMATION :**  Introduction and Background

On April 3, 2015, the Aircraft Owners and Pilots Association (AOPA) Senior Vice President for Government Affairs & Advocacy wrote to the FAA’s Director of the Office of Airport Compliance and Management Analysis proposing revisions to FAA’s current policy regarding compensation for flight instructors and persons maintaining aircraft within the context of flying club operations. AOPA stated in its letter that it sought ‘‘to help current flying clubs and airport sponsors comply with the FAA guidance outlined in 5190.6B, and to provide future flying clubs the opportunity to strengthen and unify general aviation pilots.’’ AOPA said that its goal is ‘‘to provide guidance that is attainable and ensures educated compliance from all airport users,’’ and asked for ‘‘updated guidance regarding compensation for flight instructors and maintainers’’ because ‘‘flight instructors and aviation mechanics are valuable assets to the aviation industry, and should be granted the privilege of fair compensation for their efforts on a local level.’’

AOPA proposes clubs be permitted to compensate member flight instructors and member mechanics for services rendered to the club or club members. Such compensation, AOPA suggests, should be monetary or in the form of credit against payment of dues or flight time.

The FAA requested comments on whether AOPA’s recommendations are consistent with the FAA’s general policies regarding commercial aeronautical services and on-airport flying clubs, and if so, whether the stated agency policy on flying clubs should be revised to amend its definition of flying clubs. In particular, the FAA sought comments from commercial service providers that engage in flight training and aircraft rental, from associations representing such service providers, and other interested parties. Public comments were received and considered, and changes to the existing policy were adopted.
I. Current Policy

FAA Order 5190.6B, FAA Airport Compliance Manual (Order), paragraph 10(6)(a), published on September 30, 2009, defines a flying club as: ‘‘a nonprofit or not-for-profit entity ( e.g., corporation, association, or partnership) organized for the express purpose of providing its members with aircraft for their personal use and enjoyment only.’’ The Order states that,
the ownership of the club aircraft must be vested in the name of the flying club or owned by all its members. The property rights of the members of the club shall be equal; no part of the net earnings of the club will inure to the benefit of any individual in any form, including salaries, bonuses, etc. The flying club may not derive greater revenue from the use of its aircraft than the amount needed for the operation, maintenance, and replacement of its aircraft. FAA Order 5190.6B at para. 10(6)(b).

The Order also notes that ‘‘flying clubs may not offer or conduct . . . aircraft rental operations. They may conduct aircraft flight instruction for regular members only, and only members of the flying club may operate the aircraft.’’ FAA Order 5190.6B at para. 10.6(c)(1). The Order also states that ‘‘no flying club shall permit its aircraft to be used for flight instruction for any person, including members of the club owning the aircraft, when such person pays or becomes obligated to pay for such instruction. FAA Order 5190.6B at para. 10.6(c)(3). An exception applies when the instruction is given by a lessee based on the airport who provides flight training and the person receiving the training is a member of the flying club. Id. Flight instructors who are also club members may not receive payment for instruction except that they may be compensated by credit against payment of dues or flight time’’ and that ‘‘any qualified mechanic who is a registered member and part owner of the aircraft owned and operated by a flying club may perform maintenance work on aircraft owned by the club. The flying club may not become obligated to pay for such maintenance work except that such mechanics may be compensated by credit against payment of dues or flight time.’’ Flying clubs are defined in such a way as to differentiate from for-profit aeronautical businesses offering aeronautical services to general public,

e.g., FBOs, flight schools and aircraft rental providers.