AD 2007-06-06

[Federal Register Volume 72, Number 51 (Friday, March 16, 2007)]
[Rules and Regulations]
[Pages 12557-12560]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E7-4729]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26401; Directorate Identifier 2006-CE-72-AD; 
Amendment 39-14987; AD 2007-06-06]
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 
Certificate Data Sheet (TCDS) A17EU, Revision 16, Dated December 9, 
2002), and BN-2A-Mklll Trislander Series (All Individual Models 
Included in Type Certificate Data Sheet (TCDS) A29EU, Revision 4, Dated 
December 9, 2002) Airplanes

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

ACTION: Final rule.

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[[Page 12558]]

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:

    * * * incidences have been reported to Britten-Norman Aircraft 
Ltd where cracks have been found in the inner shell of the pitot/
static pressure heads. This could result in incorrect readings on 
the pressure instrumentation, e.g. altimeters, vertical speed 
indicators (rate-of-climb) and airspeed indicators.

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

DATES: This AD becomes effective April 20, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 20, 
2007.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a> or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street SW., Nassif Building, 
Room PL-401, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Taylor B. Martin, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri, 64106; telephone: (816) 329-4138; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION: 

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. The streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This AD references the MCAI and related service information that we 
considered in forming the engineering basis to correct the unsafe 
condition. The AD contains text copied from the MCAI and for this 
reason might not follow our plain language principles.

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 22, 2006 
(71 FR 76952). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states that:

    * * * incidences have been reported to Britten-Norman Aircraft 
Ltd. where cracks have been found in the inner shell of the pitot/
static pressure heads. If not corrected this could result in 
incorrect readings on the pressure instrumentation, e.g. altimeters, 
vertical speed indicators (rate-of-climb) and airspeed indicators.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Comment Issue No. 1: Reference to Service Bulletin

    Jack Buster of the Modification and Replacement Parts Association 
(MARPA) comments that the correct reference to the service bulletin is 
Britten-Norman Service Bulletin Number SB 310, Issue 2, dated March 1, 
2006.
    When referencing what is in the MCAI, we reference it as ``B-N 
Service Bulletin 310 Issue 2'' because we try to use terminology 
straight from the MCAI when we can. We are not able to use this 
reference in the actual AD portion because to incorporate by reference 
(IBR) this service bulletin, we must reference it exactly how it 
appears in the reference document. Therefore, we will reference it in 
the AD as follows:
    <bullet> When referencing the MCAI: We will reference it as B-N 
Service Bulletin 310 Issue 2.
    <bullet> All other references: We will reference it as Britten-
Norman Service Bulletin Number SB 310, Issue 2, dated March 1, 2006.

Comment Issue No. 2: Incorporation of Service Documents

    MARPA comments that it was informed service documents are usually 
not incorporated into proposed actions (NPRMs), but only into final 
actions. MARPA notes there is no indication in the NPRM the FAA intends 
to incorporate by reference the necessary service information. In 
addition, there is no indication of which service documents are 
mandatory and which are merely sources of additional service 
information. Therefore, the reader is unsure of the FAA's intent. MARPA 
asks that future proposed actions indicate the FAA's intent by 
including the following, or a similar statement: ``We intend to 
incorporate by reference the following publications.''
    We do not concur with the commenter's request to indicate in an 
NPRM our intent to incorporate service information by reference. When 
we propose that actions be accomplished in accordance with certain 
service information in an NPRM, the public may assume we intend to 
Incorporate by Reference (IBR) that service information, as requested 
by the Office of the Federal Register. Service information that is 
cited in the proposed AD as a source of additional information is not 
presented as a requirement, and the public may assume we do not intend 
to IBR that service information. No change to this final rule is 
necessary in regard to the commenter's request.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

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 this AD. The average labor rate is $80 per work-hour. 
Required parts will cost about $10,000 per product. Where the service 
information lists required parts costs that are covered under warranty, 
we have assumed that there will be no charge for these parts. As we do 
not control warranty coverage for affected parties, some parties may 
incur costs higher than estimated here. Based on these figures, we 
estimate the cost of

[[Page 12559]]

this AD to the U.S. operators to be $1,371,600, or $10,160 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 <a href="http://dms.dot.gov">http://dms.dot.gov</a>; 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) 647-5227) 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

0
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:

2007-06-06 B-N Group Ltd: Amendment 39-14987; Docket No. FAA-2006-
26401; Directorate Identifier 2006-CE-72-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 
20, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to 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), and BN-2A-Mklll Trislander Series (all individual models 
included in TCDS A29EU, Revision 4, dated December 9, 2002) 
airplanes, certificated in any category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
states:
    * * * incidences have been reported to Britten-Norman Aircraft 
Ltd. where cracks have been found in the inner shell of the pitot/
static pressure heads. If not corrected this could result in 
incorrect readings on the pressure instrumentation, e.g. altimeters, 
vertical speed indicators (rate-of-climb) and airspeed indicators.

Actions and Compliance

    (e) Unless already done, do the following actions in accordance 
with Britten-Norman Service Bulletin Number SB 310, Issue 2, dated 
March 1, 2006:
    (1) Within the next 60 days after the effective date of this AD, 
perform the inspection procedure and the leak test procedure as 
detailed in Section 6 Action, of Britten-Norman Service Bulletin 
Number SB 310, Issue 2, dated March 1, 2006. Repeat this inspection 
procedure and the leak test procedure at intervals not to exceed 500 
hours time-in-service (TIS).
    (2) In addition, within 500 hours after the initial inspection, 
perform an initial inspection of the drain traps for moisture. 
Repeat this inspection at intervals not to exceed 500 hours TIS.
    (3) Before further flight, after any inspection or procedure 
required by this AD, correct, modify, or replace, as specified in 
the service information.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: This AD references the service bulletin as Britten-
Norman Service Bulletin Number SB 310, Issue 2, dated March 1, 2006; 
and the MCAI references the service bulletin as B-N Service Bulletin 
310 Issue 2.

Other FAA AD Provisions

    (f) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Staff, FAA, ATTN: Taylor B. Martin, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4138; facsimile: (816) 329-
4090, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19.
    (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, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (g) Refer to MCAI European Aviation Safety Agency (EASA), AD 
No.: 2006-0143, dated May 30, 2006; and Britten-Norman Service 
Bulletin SB 310, Issue 2, dated March 1, 2006, for related 
information.

Material Incorporated by Reference

    You must use Britten-Norman Service Bulletin Number SB 310, 
Issue 2, dated March 1, 2006 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 
Britten-Norman Aircraft Limited, Bembridge Airport, Isle of Wight, 
United Kingdom, PO35 5PR.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 
64106; or 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: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.


[[Page 12560]]


    Issued in Kansas City, Missouri, on March 6, 2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E7-4729 Filed 3-15-07; 8:45 am]
BILLING CODE 4910-13-P