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[Federal Register Volume 78, Number 124 (Thursday, June 27, 2013)]
[Rules and Regulations]
[Pages 38544-38546]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14979]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0314; Directorate Identifier 2013-CE-004-AD; 
Amendment 39-17490; AD 2013-13-02]
RIN 2120-AA64

Airworthiness Directives; B-N Group Ltd. 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 all B-N 
Group Ltd. Models BN-2, BN-2A, BN2A MK. III, BN2A MK. III-2, BN2A MK. 
III-3, BN-2A-2, BN-2A-20, BN-2A-21, BN-2A-26, BN-2A-27, BN-2A-3, BN-2A-
6, BN-2A-8, BN-2A-9, BN-2B-20, BN-2B-21, BN-2B-26, BN-2B-27, BN-2T, and 
BN-2T-4R 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 inadequate 
sealing of the fuel filler cap (fuel tank cap) and the fuel filler 
receptacle (fuel tank opening), which could lead to contaminated fuel 
and result in in-flight shutdown of the engine. We are issuing this AD 
to require actions to address the unsafe condition on these products.

DATES: This AD is effective August 1, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of August 1, 
2013.

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 Britten-
Norman Aircraft Ltd, Commodore House, Mountbatten Business Centre, 
Millbrook Road East, Southampton SO15 1HY, United Kingdom; telephone: 
+44 01983 872511; fax: +44 01983 873246; email: info@bnaircraft.com; 
Internet: www.britten-norman.com. 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; email: 
taylor.martin@faa.gov.

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 April 9, 2013 (78 FR 
21072). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Preliminary investigations into a recent engine failure on a BN2 
aeroplane have attributed the event to water contaminated fuel. The 
contamination is suspected to have occurred due to inadequate 
sealing between a post-mod NB-M-477 fuel filler cap and a pre-mod 
NB-M-477 fuel filler receptacle. This condition, if not detected and 
corrected, could lead to fuel water contamination, possibly 
resulting in in-flight shut down of the engine.
    For the reasons described above, this AD requires a one-time 
inspection of the fuel filler cap and fuel filler receptacle to 
determine whether they are at the same modification state and, 
depending on findings, accomplishment of applicable corrective 
action(s). To mitigate the risk of water contamination pending the 
installation of matching fuel filler cap and receptacle, this AD 
also requires daily pre-flight water contamination checks.

You may obtain further information by examining the MCAI in the AD 
docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (78 FR 21072, April 9, 
2013) 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 (78 FR 21072, April 9, 2013) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 21072, April 9, 2013).

[[Page 38545]]

Costs of Compliance

    We estimate that this AD will affect 114 products of U.S. registry. 
We also estimate that it will take about 1 work-hour 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 $0 per product.
    Based on these figures, we estimate the cost of the AD on U.S. 
operators to be $9,690, or $85 per product.
    In addition, we estimate that any necessary follow-on actions will 
take about 1 work-hour and require parts costing $400, for a cost of 
$485 per product. We have no way of determining the number of products 
that may need these actions.

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; 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 MCAI, 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:

2013-13-02 B-N Group Ltd.: Amendment 39-17490; Docket No. FAA-2013-
0314; Directorate Identifier 2013-CE-004-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective August 1, 
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to B-N Group Ltd. Models BN-2, BN-2A, BN2A MK. 
III, BN2A MK. III-2, BN2A MK. III-3, BN-2A-2, BN-2A-20, BN-2A-21, 
BN-2A-26, BN-2A-27, BN-2A-3, BN-2A-6, BN-2A-8, BN-2A-9, 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.

(d) Subject

    Air Transport Association of America (ATA) Code 28: Fuel.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) originated 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 inadequate 
sealing of the fuel filler cap (fuel tank cap) and the fuel filler 
receptacle (fuel tank opening). We are issuing this AD to prevent, 
detect, and correct inadequate sealing of the fuel filler cap (fuel 
tank cap) and the fuel filler receptacle (fuel tank opening), which 
could lead to contaminated fuel and result in in-flight shutdown of 
the engine.

(f) Actions and Compliance

    Unless already done, do the following actions as specified in 
paragraphs (f)(1) through (f)(5) of this AD:
    (1) Within the next 30 days after August 1, 2013 (the effective 
date of this AD), inspect the aircraft fuel replenishment points on 
the top surface of the wings to determine that the fuel filler cap 
(fuel tank cap) matches the fuel filler receptacle (fuel tank 
opening) following the instructions of paragraph 6 of Britten-Norman 
Service Bulletin Number SB 332, Issue 1, dated December 6, 2012.
    (2) If a mismatch of the fuel filler cap and the fuel filler 
receptacle is found during the inspection required by paragraph 
(f)(1) of this AD, within 3 calendar months after August 1, 2013 
(the effective date of this AD), install the correct fuel filler cap 
to match the fuel filler receptacle installed on the airplane 
following the instructions of paragraph 6 of Britten-Norman Service 
Bulletin Number SB 332, Issue 1, dated December 6, 2012.
    (3) If a mismatch of the fuel filler cap and the fuel filler 
receptacle is found during the inspection required by paragraph 
(f)(1) of this AD, before further flight and thereafter during each 
daily pre-flight check, do water contamination checks of the 
gascolators and fuel tank sump drains, including those of the wing 
tip tanks if installed. This check is in addition to the normal 
daily checks already required.
    (4) The modification required by paragraph (f)(2) of this AD 
terminates the daily pre-flight water contamination checks as 
specified in paragraph (f)(3) of this AD.
    (5) After August 1, 2013 (the effective date of this AD), do not 
install on any airplane a fuel filler cap that does not match the 
fuel filler receptacle and has the correct seal.

(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: Taylor Martin, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4138; fax: (816) 329-4090; email: 
taylor.martin@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

[[Page 38546]]

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.: 
2012-0270, dated December 20, 2012, for related information, which 
can be found in the AD docket on the Internet at http://www.regulations.gov.

(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 Number SB 332, Issue 1, 
dated December 6, 2012.
    (ii) Reserved.
    (3) For B-N Group Ltd. service information identified in this 
AD, contact Britten-Norman Aircraft Ltd, Commodore House, 
Mountbatten Business Centre, Millbrook Road East, Southampton SO15 
1HY, United Kingdom; telephone: +44 01983 872511; fax: +44 01983 
873246; email: info@bnaircraft.com; Internet: www.britten-norman.com.
    (4) You may view this service information at 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.
    (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/ibr-locations.html.

    Issued in Kansas City, Missouri, on June 18, 2013.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-14979 Filed 6-26-13; 8:45 am]
BILLING CODE 4910-13-P
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