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[Federal Register Volume 78, Number 68 (Tuesday, April 9, 2013)]
[Proposed Rules]
[Pages 21072-21074]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08194]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 78, No. 68 / Tuesday, April 9, 2013 / 
Proposed Rules

[[Page 21072]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0314; Directorate Identifier 2013-CE-004-AD]
RIN 2120-AA64

Airworthiness Directives; B-N Group Ltd. Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for 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 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 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 
proposed AD to require actions to address the unsafe condition on these 
products.

DATES: We must receive comments on this proposed AD by May 24, 2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     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.
     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 
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.

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; email: 
taylor.martin@faa.gov.

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-2013-0314; 
Directorate Identifier 2013-CE-004-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://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.: 2012-0270, December 20, 2012 (referred to after this as ``the 
MCAI''), 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.

Relevant Service Information

    B-N Group Limited has issued Service Bulletin Number SB 332, Issue 
1, dated December 6, 2012. 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

[[Page 21073]]

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.

Costs of Compliance

    We estimate that this proposed AD will affect 114 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. Required parts would cost 
about $0 per product.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $9,690, or $85 per product.
    In addition, we estimate that any necessary follow-on actions would 
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 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),
    (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.

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

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:

B-N Group Ltd.: Docket No. FAA-2013-0314; Directorate Identifier 
2013-CE-004-AD.

(a) Comments Due Date

    We must receive comments by May 24, 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. We are issuing this proposed 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:
    (1) Within next 30 days after 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 months after 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 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 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

[[Page 21074]]

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.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 
2012-0270, December 20, 2012; and Britten-Norman Service Bulletin 
Number SB 332, Issue 1, dated December 6, 2012, for related 
information. For service information related to 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.

    Issued in Kansas City, Missouri, on April 2, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-08194 Filed 4-8-13; 8:45 am]
BILLING CODE 4910-13-P
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