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.

Proposed Rules Federal Register

21072 

Vol. 78, No. 68 

Tuesday, April 9, 2013 

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 BrittenNorman 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 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 68 / Tuesday, April 9, 2013 / Proposed Rules 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 

■ 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: 

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 inflight 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 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 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 preflight 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 


tkelley on DSK3SPTVN1PROD with PROPOSALS
21074 Federal Register / Vol. 78, No. 68 / Tuesday, April 9, 2013 / Proposed Rules 

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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0296; Directorate 

Identifier 2012–NM–102–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to supersede an 

existing airworthiness directive (AD) 

that applies to certain Bombardier, Inc. 

Model CL–600–2B19 (Regional Jet 

Series 100 & 440) airplanes. The existing 

AD currently requires revising the 

airworthiness limitations section of the 

Instructions for Continued 

Airworthiness of the maintenance 

requirements manual (MRM) by 

incorporating procedures for repetitive 

functional tests of the pilot input lever 

of the pitch feel simulator (PFS) units 

and new repetitive functional tests of 

the pilot input lever of the PFS unit, and 

corrective actions if necessary; and, after 

initiating the new tests, removing of the 

existing procedures for the repetitive 

functional tests from the MRM. The 

existing AD was prompted by a report 

that the shear pin located in the input 

lever of two PFS units failed due to 

fatigue. Since we issued that AD, a new 

re-designed PFS unit has been 

developed, which eliminates the need 

for repetitive inspections. This proposed 

AD would require replacing certain PFS 

units with the new redesigned PFS unit. 

This proposed AD would also remove 

certain airplanes from the applicability 

and add certain airplanes to the 

applicability. We are proposing this AD 

to prevent undetected failure of the 

shear pins of both PFS units 

simultaneously, which could result in 

loss of pitch feel forces and consequent 

reduced control of the airplane. 

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, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Bombardier, 

Inc., 400 Coˆte-Vertu Road West, Dorval, 

Que ́bec H4S 1Y9, Canada; telephone 

514–855–5000; fax 514–855–7401; email 

thd.crj@aero.bombardier.com; Internet 

http://www.bombardier.com. You may 

review copies of the referenced service 

information at the FAA, Transport 

Airplane Directorate, 1601 Lind Avenue 

SW., Renton, WA. For information on 

the availability of this material at the 

FAA, call 425–227–1221. 

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 proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

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: 

Cesar Gomez, Aerospace Engineer, 

Airframe and Mechanical Systems 

Branch, ANE–171, FAA, New York 

Aircraft Certification Office, 1600 

Stewart Avenue, Suite 410, Westbury, 

New York 11590; telephone (516) 228– 

7318; fax (516) 794–5531. 

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–2013–0296; Directorate Identifier 

2012–NM–102–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 based on 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 

On March 31, 2008, we issued AD 

2008–08–09, Amendment 39–15461 (73 

FR 19979, April 14, 2008). That AD 

required actions intended to address an 

unsafe condition on the products listed 

above. 

Since we issued AD 2008–08–09, 

Amendment 39–15461 (73 FR 19979, 

April 14, 2008), Transport Canada Civil 

Aviation (TCCA), which is the aviation 

authority for Canada, has issued 

Canadian Airworthiness Directive CF– 

2005–41R1, dated May 10, 2012 

(referred to after this as the Mandatory 

Continuing Airworthiness Information, 

or ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

The shear pin in the input lever of several 

Pitch Feel Simulators (PFS) units has failed 

due to fatigue. The shear pin failure is not 

always detectable by the flight crew in 

normal operation. Failure of the shear pins in 

both PFS units on an aeroplane could result 

in loss of pitch feel forces and reduced 

controllability of the aeroplane. 

Recently, Transport Canada has certified the 

new design of the PFS unit—part number (P/ 

N) 601R92300–7 as a terminating action. 


tkelley on DSK3SPTVN1PROD with PROPOSALS