[Federal Register Volume 75, Number 244 (Tuesday, December 21, 2010)]
[Proposed Rules]
[Pages 79990-79992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31983]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1255; Directorate Identifier 2010-CE-059-AD]
RIN 2120-AA64


Airworthiness Directives; B-N Group 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, and BN-2T-4R 
Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from 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:

    An event has been reported where Glass Fibre Reinforced Plastic 
(GFRP) elevator tips have been found deformed on in-service 
aircraft. The outboard three inches of the elevator tip assembly 
profiles (top and bottom surfaces) had changed from being convex 
profiles to concave profiles. There is concern that this could 
potentially result in, or be caused by, internal structural 
delamination and/or failure. Such a failure could have a serious 
effect on the aircraft handling and could potentially result in loss 
of control of the aircraft.

The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by February 4, 
2011.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Airworthiness, Britten-Norman Aircraft Ltd., Bembridge Airport, Isle of 
Wight, PO35 5PR, United Kingdom; telephone: +44(0) 20 3371 4000; fax: 
+44(0) 20 3371 4001; e-mail: <a href="/cdn-cgi/l/email-protection#412b282c6f332e232433353201232f20283322332027356f222e2c"><span class="__cf_email__" data-cfemail="abc1c2c685d9c4c9ced9dfd8ebc9c5cac2d9c8d9cacddf85c8c4c6">[email protected]</span></a>. 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.

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 this proposed AD, 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.

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.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES. section. Include ``Docket No. FAA-2010-
1255; Directorate Identifier 2010-CE-059-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued AD 
No.: 2009-0105R2, dated March 9, 2010 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    An event has been reported where Glass Fibre Reinforced Plastic 
(GFRP) elevator tips have been found deformed on in-service 
aircraft. The outboard three inches of the elevator tip assembly 
profiles (top and bottom surfaces) had changed from being convex 
profiles to concave profiles. There is concern that this could 
potentially result in, or be caused by, internal structural 
delamination and/or failure. Such a failure could have a serious 
effect on the aircraft handling and could potentially result in loss 
of control of the aircraft.
    For the reasons stated above, the initial issue of this AD (AD 
2009-0105) mandated inspection of the GFRP elevator tips and 
replacement of any deformed parts.
    Its Revision 1 (AD 2009-0105R1) extends the compliance time by 
three months.
    Its Revision 2 (AD 2009-0105R2) extends the compliance time by 
an additional three months.

Relevant Service Information

    Britten-Norman Aircraft Limited has issued Service Bulletin Number 
BN-2/SB 313, Issue 3, dated February 24, 2009; Drawing NB-31-235, Issue 
13; Drawing NB-31-873, Issue 2; and Drawing NB-31-0906, Issue 3. The 
actions described in this service information are intended to correct 
the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

[[Page 79991]]

Differences Between This Proposed AD and the MCAI or Service 
Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the proposed AD.

Costs of Compliance

    We estimate that this proposed AD will affect 135 products of U.S. 
registry. We also estimate that it would take about 2 work-hours per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $85 per work-hour. Required parts would cost 
about $10,000 per product.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $1,372,950, or $10,170 per product.

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 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. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

B-N Group Ltd.: Docket No. FAA-2010-1255; Directorate Identifier 
2010-CE-059-AD.

Comments Due Date

    (a) We must receive comments by February 4, 2011.

Affected ADs

    (b) None.

Applicability

    (c) 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, BN-2T, and BN-2T-
4R airplanes, all serial numbers, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 27: Flight 
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    An event has been reported where Glass Fibre Reinforced Plastic 
(GFRP) elevator tips have been found deformed on in-service 
aircraft. The outboard three inches of the elevator tip assembly 
profiles (top and bottom surfaces) had changed from being convex 
profiles to concave profiles. There is concern that this could 
potentially result in, or be caused by, internal structural 
delamination and/or failure. Such a failure could have a serious 
effect on the aircraft handling and could potentially result in loss 
of control of the aircraft.
    For the reasons stated above, the initial issue of this AD (AD 
2009-0105) mandated inspection of the GFRP elevator tips and 
replacement of any deformed parts.
    Its Revision 1 (AD 2009-0105R1) extends the compliance time by 
three months.
    Its Revision 2 (AD 2009-0105R2) extends the compliance time by 
an additional three months.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Before further flight after the effective date of this AD, 
visually inspect for deformation of shape and signs of concavity the 
elevator tip assemblies (top and bottom surfaces) as instructed in 
paragraphs 6 and 9 of Britten-Norman Aircraft Limited Service 
Bulletin Number BN-2/SB 313, Issue 3, dated February 24, 2009. If no 
sign of deformity or concavity is found as a result of the 
inspection required by paragraph (f)(1) of this AD, no further 
action is required by this AD except for the requirements of 
paragraph (f)(3) of this AD.
    (2) If signs of deformation or concavity are found, before 
further flight, inspect for delamination the elevator tip as 
instructed in paragraph 9 of Britten-Norman Aircraft Limited Service 
Bulletin Number BN-2/SB 313, Issue 3, dated February 24, 2009.
    (i) If delamination is found as a result of any inspection 
required by this AD, before further flight, replace the elevator tip 
with a serviceable elevator tip following Britten-Norman Ltd. 
Drawing NB-31-235, Issue 13; Britten-Norman Ltd. Drawing NB-31-873, 
Issue 2; or Britten-Norman Ltd. Drawing NB-0906, Issue 3, as 
applicable to airplane models.
    (ii) If no delamination is found as a result of any inspection 
required by this AD, at intervals not to exceed 50 hours time-in-
service (TIS) and until accomplishment of paragraph (f)(2)(iii) of 
this AD, inspect for delamination the elevator tip as instructed in 
paragraph 9 of Britten-Norman Aircraft Limited Service Bulletin 
Number BN-2/SB 313, Issue 3, dated February 24, 2009.
    (iii) Within 12 months after the effective date of this AD, 
unless already done as required by paragraph (f)(2)(i) of this AD, 
replace the elevator tip with a serviceable elevator tip following 
Britten-Norman Ltd. Drawing NB-31-235, Issue 13; Britten-Norman Ltd. 
Drawing NB-31-873, Issue 2; or Britten-Norman Ltd. Drawing NB-31-
0906, Issue 3, as applicable to airplane models.
    (3) After the effective date of this AD, do not install elevator 
tips on any airplane, unless they have already been inspected in 
accordance with Britten-Norman Aircraft Limited Service Bulletin 
Number BN-2/SB 313, Issue 3, dated February 24, 2009, and determined 
to be free from concavity and delamination.

[[Page 79992]]

FAA AD Differences

    Note:  This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) 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. 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.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, a federal agency may not conduct or sponsor, and a person 
is not required to respond to, nor shall a person be subject to a 
penalty for failure to comply with a collection of information 
subject to the requirements of the Paperwork Reduction Act unless 
that collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the burden should be directed to 
the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn: 
Information Collection Clearance Officer, AES-200.

Related Information

    (h) Refer to MCAI EASA AD No.: 2009-0105R2, dated March 9, 2010; 
Britten-Norman Aircraft Limited Service Bulletin Number BN-2/SB 313, 
Issue 3, dated February 24, 2009, Britten-Norman Ltd. Drawing NB-31-
235, Issue 13; Britten-Norman Ltd. Drawing NB-31-873, Issue 2; and 
Britten-Norman Ltd. Drawing NB-31-0906, Issue 3. For service 
information related to this AD, contact Airworthiness, Britten-
Norman Aircraft Ltd., Bembridge Airport, Isle of Wight, PO35 5PR, 
United Kingdom; telephone: +44(0) 20 3371 4000; fax: +44(0) 20 3371 
4001; e-mail: <a href="/cdn-cgi/l/email-protection#dfb5b6b2f1adb0bdbaadabac9fbdb1beb6adbcadbeb9abf1bcb0b2"><span class="__cf_email__" data-cfemail="076d6e6a2975686562757374476569666e7564756661732964686a">[email protected]</span></a>. 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.

    Issued in Kansas City, Missouri, on December 14, 2010.
William J. Timberlake,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-31983 Filed 12-20-10; 8:45 am]
BILLING CODE 4910-13-P


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