38544 Federal Register / Vol. 78, No. 124 / Thursday, June 27, 2013 / Rules and Regulations 

§ 58.43 Fees for inspection, grading, 

sampling, and certification. 

Except as otherwise provided in 

§§ 58.38 through 58.46 and through the 

last day of January 2014 inclusive, 

charges shall be made for inspection, 

grading, and sampling service at the 

hourly rate of $75.00 for services 

performed between 6 a.m. and 6 p.m. 

and at $82.40 for services performed 

between 6 p.m. and 6 a.m. for service 

preformed for the time required to 

perform the service calculated to the 

nearest 15-minute period, including the 

time required for preparation of 

certificates and reports and the travel 

time of the inspector or grader in 

connection with the performance of the 

service. Starting the first day of 

February 2014, the hourly rate will be 

equal to $82.00 for service performed 

between 6 a.m. and 6 p.m. and $90.20 

for services performed between 6 p.m. 

and 6 a.m. calculated in the same 

manner. A minimum charge of one-half 

hour shall be made for service pursuant 

to each request or certificate issued. 

Charges for service performed in excess 

of the assigned tour of duty shall be 

made at a rate of 11⁄2 times the rate 

stated in this section. The hourly rate 

for work regarding compliance with 

European Union Health Certification 

Program derogation applications and/or 

review shall be assessed at $68.00. 

■ 3. Revise § 58.45 to read as follows: 

§ 58.45 Fees for continuous resident 

services. 

Irrespective of the fees and charges 

provided in §§ 58.39 and 58.43, charges 

for the inspector(s) and grader(s) 

assigned to a continuous resident 

program shall be made at the rate of 

$69.00 per hour for services performed 

during the assigned tour of duty until 

the last day of January 2013. Starting the 

first day of February 2014, the hourly 

rate shall be assessed at $76.00 for 

services calculated in the same manner. 

Charges for service performed in excess 

of the assigned tour of duty shall be 

made at a rate of 11⁄2 times the rate 

stated in this section. 

Dated: June 21, 2013 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2013–15331 Filed 6–26–13; 8:45 am] 

BILLING CODE 3410–02–P 

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. 

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). 


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Federal Register / Vol. 78, No. 124 / Thursday, June 27, 2013 / Rules and Regulations 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 workhour 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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 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 BrittenNorman 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 preflight 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 


TKELLEY on DSK3SPTVN1PROD with RULES
38546 Federal Register / Vol. 78, No. 124 / Thursday, June 27, 2013 / Rules and Regulations 

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.brittennorman.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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0019; Directorate 

Identifier 2010–SW–051–AD; Amendment 

39–17485; AD 2013–12–07] 

RIN 2120–AA64 

Airworthiness Directives; Bell 

Helicopter Textron Canada Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for Bell 

Helicopter Textron Canada (BHTC) 

Model 407 helicopters with certain 

tailboom assemblies installed. This AD 

requires, at specified intervals, 

inspecting the tailboom assembly for a 

crack, loose rivet, or other damage. This 

AD was prompted by a stress analysis of 

the tailboom skin that revealed that 

high-stress-concentration areas are 

susceptible to skin cracking. This 

condition, if not detected, could result 

in a crack in the tailboom assembly, 

failure of the tailboom, and subsequent 

loss of control of the helicopter. 

DATES: This AD is effective August 1, 

2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain document listed in this AD 

as of August 1, 2013. 

ADDRESSES: For service information 

identified in this AD, contact Bell 

Helicopter Textron Canada Limited, 

12,800 Rue de l’Avenir, Mirabel, Quebec 

J7J1R4; telephone (450) 437–2862 or 

(800) 363–8023; fax (450) 433–0272; or 

at http://www.bellcustomer.com/files/. 

You may review the referenced service 

information at the FAA, Office of the 

Regional Counsel, Southwest Region, 

2601 Meacham Blvd., Room 663, Fort 

Worth, Texas 76137. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov or in person at the 

Docket Operations Office between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, any 

incorporated-by-reference service 

information, the economic evaluation, 

any comments received, and other 

information. The street address for the 

Docket Operations Office (phone: 800– 

647–5527) is U.S. Department of 

Transportation, Docket Operations 

Office, M–30, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Sharon Miles, Aerospace Engineer, 

FAA, Regulations and Policy Group, 

2601 Meacham Blvd., Fort Worth, Texas 

76137; telephone (817) 222–5110; fax 

(817) 222–5110; email 

sharon.y.miles@faa.gov. 

SUPPLEMENTARY INFORMATION:

Discussion 

Transport Canada, which is the 

aviation authority for Canada, has 

issued AD CF–2009–07, dated March 6, 

2009 (AD CF–2009–07), to correct an 

unsafe condition for the BHTC Model 

407 helicopters with a tailboom 

assembly, part number (P/N) 407–030– 

801–201, –203, or –205. Transport 

Canada states that a stress analysis of 

the chemically milled tailboom skin 

‘‘revealed a possibility of skin cracking 

due to high stress concentration areas.’’ 

Transport Canada advises that this 

condition, if not detected, could result 

in ‘‘serious damage to the tailboom.’’ 

On February 1, 2013, at 78 FR 7308, 

the Federal Register published our 

notice of proposed rulemaking (NPRM), 

which proposed to amend 14 CFR part 

39 to include an AD that would apply 

to BHTC Model 407 helicopters, with 

tailboom assembly part number (P/N) 

407–030–801–201, 407–030–801–203, 

or 407–030–801–205. The NPRM 

proposed to require, at specified 

intervals, inspecting the tailboom 

assembly for a crack, loose rivet, or 

other damage. The proposed 

requirements were intended to prevent 

a crack in the tailboom assembly, failure 

of the tailboom, and subsequent loss of 

control of the helicopter. 

Comments 

We gave the public the opportunity to 

participate in developing this AD, but 

we received no comments on the NPRM 

(78 FR 7308, February 1, 2013). 

FAA’s Determination 

These helicopters have been approved 

by the aviation authority of Canada and 

are approved for operation in the United 

States. Pursuant to our bilateral 

agreement with Canada, Transport 

Canada, its technical representative, has 

notified us of the unsafe condition 

described in its AD. We are issuing this 

AD because we evaluated all 

information provided by Canada and 

determined that an unsafe condition 

exists and is likely to exist or develop 

on other helicopters of these same type 

designs and that air safety and the 

public interest require adopting the AD 

requirements as proposed. 

Differences Between This AD and the 

Transport Canada AD 

The Transport Canada AD states to 

perform the inspections of the tailboom 

‘‘in accordance with inspection 

procedures as per applicable part’’ of 

the ASB. This proposed AD references 

only specific sections of the ASB for 

accomplishing the requirements. 

Related Service Information 

BHTC has issued Alert Service 

Bulletin No. 407–08–84, dated August 

18, 2008 (ASB), which specifies a new 

inspection schedule for the tailboom 

assemblies. BHTC states it has not 

received any field reports indicating 

cracked skin in service on the tailboom 

assemblies. However, in the interest of 


TKELLEY on DSK3SPTVN1PROD with RULES