[Federal Register Volume 71, Number 179 (Friday, September 15, 2006)]
[Proposed Rules]
[Pages 54438-54441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7706]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25688; Directorate Identifier 2006-CE-44-AD]
RIN 2120-AA64


Airworthiness Directives; B-N Group Ltd. BN-2, BN-2A, BN-2B, BN-
2T, and BN-2T-4R Series (All Individual Models Included in Type A17EU 
Certificate Data Sheet (TCDS) A17E, Revision 16, Dated December 9, 
2002) 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 all 
B-N Group Ltd. BN-2, BN-2A, BN-2B, BN-2T, and BN-2T-4R series (all 
individual models included in Type Certificate Data Sheet (TCDS) A17EU, 
Revision 16, dated December 9, 2002) airplanes. This proposed AD would 
require you to inspect the horizontal stabilizer attachment bolts and 
anchor nuts for damage and wear and replace damaged and/or worn parts 
with new, modified parts. If no damaged or worn parts are found during 
the proposed inspection, this proposed AD would require you to replace 
the horizontal stabilizer attachment bolts and anchor nuts at a 
specified time with new, modified parts. This proposed AD results from 
mandatory continuing airworthiness information (MCAI) issued by the 
airworthiness authority for the United Kingdom. We are proposing this 
AD to detect and correct damaged and/or worn horizontal stabilizer 
attachment bolts and anchor nuts, which would result in failure of the 
horizontal stabilizer. This failure could result in loss of control.

DATES: We must receive comments on this proposed AD by October 16, 
2006.

[[Page 54439]]


ADDRESSES: Use of the following addresses to comment on this proposed 
AD:
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov. and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
    <bullet> Fax: (202) 493-2251.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact B-N 
Group Ltd., Bembridge Airport, Isle of Wight, PO35 5PR, United Kingdom; 
telephone: +44 (0) 1983 872511; fax: +44 (0) 1983 873246.

FOR FURTHER INFORMATION CONTACT: Albert J. Mercado, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri, 64106; telephone: (816) 329-4119; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include the docket number, ``FAA-
2006-25688; Directorate Identifier 2006-CE-44-AD'' at the beginning of 
your comments. We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of the proposed 
AD. We will consider all comments received by the closing dat and may 
amend the proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact we 
receive concerning this proposed AD.

Discussion

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom, notified the FAA that an unsafe 
condition may exist on all B-N Group Ltd. BN-2, BN-2A, BN-2B, BN-2T, 
and BN-2T-4R series (all individual models included in Type Certificate 
Data Sheet (TCDS ) A17EU, Revision 16, dated December 9, 2002) 
airplanes. The CAA has received reports of loose horizontal stabilizer 
attachment bolts.
    This condition, if not corrected, could cause the horizontal 
stabilizer to fail. This failure could result in loss of control.

Relevant Service Information

    We have reviewed B-N Britten-Norman Aircraft Limited Service 
Bulletin number SB 302, Issue 2, dated April 12, 2005.
    The service information describes procedures for:
     <bullet> Inspecting the horizontal stabilizer attachment bolts and 
anchor nuts or damage and wear; and
    <bullet> Replacing the horizontal stabilizer attachment bolts and 
anchor nuts with new, modified parts.

Foreign Airworthiness Authority Information

    The CAA classified this service bulletin as mandatory and issued 
British AD No. G-2004-0014 R1, Effective Date: July 29, 2005, to ensure 
the continued airworthiness of these airplanes in the United Kingdom.
    The B-N Group Ltd. BN-2, BN-2A, BN-2B, BN-2T, and BN-2T-4R series 
airplanes are manufactured in the United Kingdom and are type-
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement.
    Under this bilateral airworthiness agreement, the CAA has kept us 
informed of the situation described above.

FAA's Determination and Requirements of the Proposed AD

    We are proposing this AD because we have examined the CAA's 
findings, evaluated all information and determined the unsafe condition 
described previously is likely to exist or develop on other products of 
the same type design that are certificated for operation in the United 
States.
    This proposed AD would require you to inspect the horizontal 
stabilizer attachment bolts and anchor nuts for damage and wear and 
replace damaged and/or worn parts with new, modified parts. If no 
damaged or worn parts are found during the proposed inspection, this 
proposed AD would require you to replace the horizontal stabilizer 
attachment bolts and anchor nuts at a specified time with new, modified 
parts.

 Differences Between the Foreign Airworthiness Authority AD, the 
Service Bulletin, and the Proposed AD

    The MCAI British AD No. G-2004-0014 R1, Effective Date: July 29, 
2005, and B-N Britten-Norman Aircraft Limited Service Bulletin number 
SB 302, Issue 2, dated April 12, 2005, allows 1,000-hour repetitive 
inspections of the horizontal stabilizer attachment bolts and anchor 
nuts with the option of installing the new, modified horizontal 
stabilizer attachment bolts as a terminating action for the repetitive 
inspections. This AD does not allow continued repetitive inspections.
    The actions required by this AD are consistent with the FAA's aging 
commuter aircraft policy, which briefly states that, when a 
modification exists that could eliminate or reduce then umber of 
required critical inspections, the modification should be incorporated. 
This policy is based on the FAA's determination that reliance on 
critical repetitive inspections on airplanes utilized in commuter 
service carries an unnecessary safety risk when a design change exists 
that could eliminate or, in certain instances, reduce the number of 
those critical inspections. In determining what inspections are 
critical, the FAA considers (1) the safety consequences of the airplane 
if the known problem is not detected by the inspection; (2) the 
reliability of the inspection such as the probability of not detecting 
the known problem; (3) whether the inspection area is difficult to 
access; and (4) the possibility of damage to an adjacent structure as a 
result of the problem.

Costs of Compliance

    We estimate that this proposed AD would affect 91 airplanes in the 
U.S. registry.
    We estimate the following costs to do the proposed inspection:

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                                                          Total cost per
            Labor cost                  Parts cost           airplane           Total cost on U.S. operators
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1 work-hour x $80 per hour = $80.  Not applicable.....                $80  $80 x 91 = $7,280.
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[[Page 54440]]

    We estimate the following costs to do the proposed replacements:

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                Labor cost                   Parts cost               Total cost per  airplane                      Total cost on U.S. operators
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3 work-hours x $80 per hour = $240.......          $1,600  $240 + $1,600 = $1,840........................  $1,840 x 91 = $167,440.
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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 II, 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 have 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 that the 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.

Examining the AD Docket

    You may examine the AD docket that contains the proposed AD, the 
regulatory evaluation, any comments received, and other information on 
the Internet at http://dms.dot.gov; or in person at the Docket 
Management Facility between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Office (telephone (800) 647-5227) 
is located at the street address stated 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, 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-2006-25688; Directorate Identifier 
2006-CE-44-AD.

Comments Due Date

    (a) We must receive comments on this airworthiness directive 
(AD) action by October 16, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all BN-2, BN-2A, BN-2B, BN-2T, and BN-2T-
4R series (all individual models included in Type Certificate Data 
Sheet (TCDS) A17EU, Revision 16, dated December 9, 2002) airplanes; 
that are certificated in any category.

Unsafe Condition

    (d) This AD results from mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for the 
United Kingdom. We are issuing this AD to detect and correct damaged 
and/or worn horizontal stabilizer attachment bolts and anchor nuts, 
which could result in failure of the horizontal stabilizer. This 
failure could result in loss of control.

Compliance

    (e) To address this problem, you must do the following, unless 
already done:

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           Actions                 Compliance            Procedures
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(1) Inspect the horizontal    Within the next 50    Follow B-N Britten-
 stablilzer attachment bolts   hours time-in-        Norman Aircraft
 and anchor nuts for damage    service (TIS) or 2    Limited Service
 and wear.                     months, whichever     Bulletin number SB
                               occurs first, after   302, Issue 2, dated
                               the effective date    April 12, 2005.
                               of this AD.
(2) If you find any damaged   Before further        As specified in B-N
 or worn horizontal            flight after the      Britten-Norman
 stabilizer attachment bolts   inspection required   Aircraft Limited
 and/or anchor nuts during     in paragraph (e)(1)   Service Bulletin
 the inspection required in    of this AD.           number SB 302,
 paragraph (e)(1) of this                            Issue 2, dated
 AD, replace with new,                               April 12, 2005. Do
 modified horizontal                                 any necessary
 stabilizer attachment bolts.                        replacements
                                                     following B-N Group
                                                     Ltd. Modification
                                                     Leaflet for Mod NB-
                                                     M-1787, Issue 1,
                                                     dated August 1,
                                                     2005.
(3) If you do not find        Upon accumulating     Follow B-N Group
 damaged or worn horizontal    1,000 hours TIS       Ltd. Modification
 stabilizer attachment bolts   after the             Leaflet for Mod NB-
 and/or anchor nuts during     inspection required   M-1787, Issue 1,
 the inspection required in    in paragraph (e)(1)   dated August 1,
 paragraph (e)(1) of this      of this AD.           2005.
 AD, replace the horizontal
 stabilizer attachment bolts
 and anchor nuts with new,
 modified horizontal
 stabilizer attachment bolts.

[[Page 54441]]

 
(4) You may replace the       As of the effective   Follow B-N Group
 horizontal stabilizer         date of this AD.      Ltd. Modification
 attachment bolts and anchor                         Leaflet for Mod NB-
 nuts with the new, modified                         M-1787, Issue 1,
 horizontal stabilizer                               dated August 1,
 attachment bolts at any                             2005.
 time, but no later than the
 applicable times specified
 in paragraphs (e)(2) and
 (e)(3) of this AD. After
 installing the new,
 modified horizontal
 stabilizer attachment
 bolts, no further action is
 required.
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Standards Staff, FAA, ATTN: Albert J. Mercado, 
Aerospace Engineer, Small Airplane Directorate, 901 Locust, Room 
301, Kansas City, Missouri 64106; telephone: (816) 329-4119; 
facsimile: (816) 329-4090, has the authority to approve AMOCs for 
this AD, if requested using the procedures found in CFR 39.19.

Related Information

    (g) MCAI British AD No. G-2004-0014 R1, Effective Date: July 29, 
2005, also addresses the subject of this AD. To get copies of the 
service information referenced in this AD, contact B-N Group Ltd., 
Bembridge Airport, Isle of Wight, PO35 5PR, United Kingdom; 
telephone: +44 (0) 1983 872511; fax: +44 (0) 1983 873246. To view 
the AD docket, go to the Docket Management Facility; U.S. Department 
of Transportation, 400 Seventh Street, SW., Nassif Building, Room 
PL-401, Washington, DC, or on the Internet at http://dms.dot.gov. 
The docket number is Docket No. FAA-2006-25688; Directorate 
Identifier 2006-CE-44-AD.

    Issued in Kansas City, Missouri, on September 11, 2006.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-7706 Filed 9-14-06; 8:45 am]
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