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

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. 


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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 the 

procedures 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. 


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

(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. 


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