DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1299; Project Identifier MCAI-2023-00237-A]
RIN 2120-AA64

Airworthiness Directives; Britten-Norman Aerospace 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 Britten-Norman Aerospace Ltd. Model 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, BN2T-4R, and
BN2T-4S airplanes; and Model BN2A MK. III, BN2A MK. III-2, and BN2A MK.
III-3 airplanes. This proposed AD was prompted by the determination
that in order to ensure the continued structural integrity of certain
landing gear and associated components, it is necessary to require
removal of these components from service prior to exceeding established
fatigue lives. This proposed AD would require determining the number of
landings on affected main landing gears (MLGs), nose landing gears
(NLGs), and associated components; removing from service any part that
has reached or exceeded the established fatigue life and installing a
replacement part; and prohibiting the installation of any affected part
unless the number of landings for that part is below the established
fatigue life. The FAA is proposing this AD to address the unsafe
condition on these products.

DATES: The FAA must receive comments on this NPRM by July 1, 2024.

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 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.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2024-1299; 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, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
For service information, contact Britten-Norman Aerospace
Ltd., Bembridge Airport, Bembridge, Isle of Wight, UK, PO35 5PR; phone:
+44 20 3371 4000; email: customer.support@britten-norman.com; website:
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 (817) 222-5110.

FOR FURTHER INFORMATION CONTACT: Penelope Trease, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
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-2024-1299; Project Identifier
MCAI-2023-00237-A'' 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
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, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590. 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 Civil Aviation Authority (CAA), which is the airworthiness
authority for the United Kingdom (UK), issued AD G-2023-0001, dated
February 8, 2023 (also referred to as the MCAI), to correct an unsafe
condition on Britten-Norman Aircraft Ltd. (now Britten-Norman Aerospace
Ltd.) Model BN2 series Islander (BN2, BN2A, A-2, A-3, A-6, A-8, -9, -
20, -21, -26, -27; BN2B-20, -21, -26, -27; BN2T; and BN2T-4R, -4S)
airplanes; and Model BN2A Mark III Trislander (BN.2A MARK III, BN.2A
MARK III-1, BN.2A MARK III-2, and BN.2A MARK III-3) airplanes, fitted
with landing gear and associated components manufactured by Fairey
Hydraulics Ltd (FHL) and Britten-Norman Aircraft (BNA). The MCAI states
that to ensure the continued safe operation of the Islander's and
Trislander's NLG, MLG, and associated components, the manufacturer and
the UK CAA determined that affected parts exceeding the established
fatigue lives must be removed from service and that installation of
parts that have reached their established fatigue lives must be
prohibited.
The FAA is proposing this AD to address this unsafe condition.
Exceeding the established fatigue life, if not addressed, could result
in failure of the structural integrity of the landing gear and
associated components, which could result in damage to the airplane and
injury to occupants.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2024-1299.

Related Service Information Under 1 CFR Part 51

The FAA reviewed Britten-Norman Service Bulletin SB 298, Issue 3,
dated July 7, 2023. This service information provides procedures for
identifying the affected MLGs, NLGs, and associated components that
need to have the number of landings tracked and provides the associated
fatigue life. This service information also specifies to remove from
service any affected part that exceeds the specified fatigue life.
This service bulletin 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

These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's 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 that 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 proposed AD would require accomplishing the actions specified
in the service information already described. This proposed AD would
also prohibit the installation of a MLG, NLG, or associated component
unless it is a part eligible for installation.

Costs of Compliance

The FAA estimates that this AD, if adopted as proposed, would
affect 87 airplanes of U.S. registry.
The FAA estimates the following costs to comply with this proposed
AD:

Estimated Costs

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: