DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0502; Project Identifier 2018-CE-043-AD]
RIN 2120-AA64
Airworthiness Directives; B-N Group Ltd. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain B-N Group Ltd. Models BN-2, BN-2A, BN-2A-2, BN-2A-3, BN-2A-
6, BN-2A-8, BN-2A-9, BN-2A-20, BN-2A-21, BN-2A-26, BN-2A-27, 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 identifies the unsafe condition as failure of the rudder final
drive rod because of cracks in the region of the taper pins. This
proposed AD would require repetitively inspecting the rudder final
drive rod assembly and replacing the rudder final drive assembly, if
necessary. The FAA is proposing this AD to address the unsafe condition
on these products.
DATES: The FAA must receive comments on this proposed AD by August 9, 2021.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, contact Britten-
Norman Aircraft Limited, Commodore House, Mountbatten Business Centre,
Millbrook Road East, Southampton SO15 1HY, United Kingdom; phone: +44
20 3371 4000; fax: +44 20 3371 4001; email: info@bnaircraft.com;
website: https://britten-norman.com/approvals-technical-publications/.
You may view this service information at the FAA, Airworthiness
Products Section, Operational Safety Branch, 901 Locust, Kansas City,
MO 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 at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0502; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, any comments
received, and other information. The street address for Docket
Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Penelope Trease, Aviation Safety
Engineer, General Aviation & Rotorcraft Section, International
Validation Branch, FAA, 26805 E 68th Avenue, Denver, CO 80249; phone:
(303) 342-1094; email: penelope.trease@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include "Docket No. FAA-2021-0502; Project Identifier
2018-CE-043-AD" at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as "PROPIN." The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Penelope Trease, Aviation Safety Engineer, General Aviation &
Rotorcraft Section, International Validation Branch, FAA, 26805 E 68th
Avenue, Denver, CO 80249. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.
Background
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2018-0153, dated July 19, 2018 (referred to after this as "the
MCAI"), to correct an unsafe condition for B-N Group Ltd. (Britten-
Norman Aircraft Ltd., or "BNA") Models BN-2, BN-2A, BN-2B, BN-2T, BN-
2T-2, BN-2T-2R, and BN-2T-4R airplanes. The MCAI states:
Occurrences have been reported of failures of the rudder final
drive rod, [part number] P/N NB-45-0991. Cracks were found in the
region of the taper pins. There is evidence that replacing the taper
pins could be a significant factor contributing to the failure of
this rod.
This condition, if not detected and corrected, could lead to
failure of the affected part, possibly resulting in reduced control
of the aeroplane.
To address this potential unsafe condition, BNA issued the
applicable SB [service bulletin], providing inspection instructions.
Prompted by operator comments, BNA revised the applicable SB (issue
3) to introduce repetitive inspections.
For the reason described above, this [EASA] AD requires
repetitive inspections of the affected part and, depending on
findings, replacement. This AD also prohibits replacement of taper
pins on an affected part. BNA will amend the applicable Maintenance
Manuals accordingly.
You may examine the MCAI in the AD docket at
https://www.regulations.gov by searching for and locating Docket
No. FAA-2021-0502.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Britten-Norman Aircraft Limited Service Bulletin
Number SB 363, Issue 3, dated May 23, 2018, and Service Bulletin Number
SB 364, Issue 3, dated May 23, 2018. For the applicable airplane models
identified on each document, this service information contains
procedures for repetitively inspecting the rudder final drive rod
assembly and replacing the rudder final drive assembly, if necessary.
This service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in ADDRESSES.
FAA's Determination
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, it has
notified the FAA of the unsafe condition described in the MCAI and
service information referenced above. The FAA is issuing this NPRM
after determining the unsafe condition described previously is likely
to exist or develop on other products of the same type design.
Proposed AD Requirements in This NPRM
This AD requires accomplishing the actions specified in the service
information already described.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 76 airplanes of U.S. registry. The FAA also estimates that
inspecting the rudder final drive assembly would take about 1 work-hour
at the average labor rate of $85 per work-hour.
Based on these figures, the FAA estimates the cost of this proposed
AD on U.S. operators to be $6,460, or $85 per product, each inspection
cycle.
In addition, the FAA estimates that any necessary follow-on actions
to replace the rudder final drive assembly would take about 5 work-
hours and require parts costing $1,200, for a cost of $1,625 per
product. The FAA has no way of determining the number of airplanes 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.
The FAA is 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
The FAA 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) Would not affect intrastate aviation in Alaska, and
(3) Would 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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
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