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[Federal Register Volume 76, Number 55 (Tuesday, March 22, 2011)]
[Rules and Regulations]
[Pages 15820-15822]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5454]

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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; 
Amendment 39-16618; AD 2011-05-09]
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: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. 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:

    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.

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective April 26, 2011.
    On April 26, 2011, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in this 
AD.

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 
Airworthiness, Britten-Norman Aircraft Ltd., Bembridge Airport, Isle of 
Wight, PO35 5PR, United Kingdom; telephone: +44(0) 20 3371

[[Page 15821]]

4000; fax: +44(0) 20 3371 4001; e-mail: jim.roberts@bnaircraft.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.

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 December 21, 2010 
(75 FR 79990). That NPRM proposed 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.

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 available data and determined that air safety and 
the public interest require adopting the AD as proposed.

Differences Between This 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 required 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 AD.

Costs of Compliance

    We estimate that this AD will affect 135 products of U.S. registry. 
We also estimate that it will take about 2 work-hours 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 $10,000 per 
product.
    Based on these figures, we estimate the cost of this AD to the 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 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 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 AD and placed it in the AD Docket.

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 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:

2011-05-09 B-N Group Ltd.: Amendment 39-16618; Docket No. FAA-2010-
1255; Directorate Identifier 2010-CE-059-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 
26, 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

[[Page 15822]]

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 April 26, 2011 (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 April 26, 2011 (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.

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: jim.roberts@bnaircraft.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.

Material Incorporated by Reference

    (i) You must use 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, dated May 20, 2010; 
Britten-Norman Ltd. Drawing NB-31-873, Issue 2, dated October 9, 
1996; and Britten-Norman Ltd. Drawing NB-31-0906, Issue 3, dated 
November 24, 2009, to do the actions required by this AD, unless the 
AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in 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: jim.roberts@bnaircraft.com.
    (3) 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.
    (4) You may also review copies of the service information 
incorporated by reference for this AD 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on March 4, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-5454 Filed 3-21-11; 8:45 am]
BILLING CODE 4910-13-P
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