[Federal Register Volume 62, Number 101 (Tuesday, May 27, 1997)]
[Proposed Rules]
[Pages 28644-28646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13691]
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Proposed Rules
Federal Register
________________________________________________________________________
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.
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Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 /
Proposed Rules
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 86-CE-23-AD]
RIN 2120-AA64
Airworthiness Directives; Pilatus Britten-Norman Ltd. (Formerly
Britten-Norman) BN2A MK. 111 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes to revise AD 86-07-02, which currently
requires repetitively inspecting the junction of the torque link lug
and upper case of the main landing gear (MLG) torque link assemblies
for cracks on Pilatus Britten-Norman Ltd. (Pilatus Britten-Norman) BN-
2A, BN-2B, BN-2T, and BN2A MK. 111 series airplanes, and replacing any
part found cracked with a like part. The proposed AD would remove from
the applicability the BN-2A, BN-2B, and BN-2T series airplanes, and
would retain the repetitive inspection and replacement (if necessary)
requirements of AD 86-07-02 for the BN2A MK. 111 series airplanes. The
proposed AD results from the Federal Aviation Administration's
determination that additional AD action needs to be taken on the BN-2A,
BN-2B, and BN-2T series airplanes. This additional action will be
addressed in a separate AD. The actions specified by the proposed AD
are intended to prevent failure of the main landing gear caused by
cracks in the torque link area, which could lead to loss of control of
the airplane during landing operations.
DATES: Comments must be received on or before July 2, 1997.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Central Region, Office of the Assistant Chief
Counsel, Attention: Rules Docket No. 86-CE-23-AD, Room 1558, 601 E.
12th Street, Kansas City, Missouri 64106. Comments may be inspected at
this location between 8 a.m. and 4 p.m., Monday through Friday,
holidays excepted.
Service information that applies to the proposed AD may be obtained
from Pilatus Britten-Norman Limited, Bembridge, Isle of Wight, United
Kingdom PO35 5PR; telephone 44-1983 872511; facsimile 44-1983 873246.
This information also may be examined at the Rules Docket at the
address above.
FOR FURTHER INFORMATION CONTACT: Mr. Tom Rodriguez, Program Officer,
Brussels Aircraft Certification Division, FAA, Europe, Africa, and
Middle East Office, c/o American Embassy, B-1000 Brussels, Belgium;
telephone (32 2) 508.2717; facsimile (32 2) 230.6899; or Mr. S.M.
Nagarajan, Project Officer, Small Airplane Directorate, Airplane
Certification Service, FAA, 1201 Walnut, suite 900, Kansas City,
Missouri 64106; telephone (816) 426-6932; facsimile (816) 426-2169.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications should identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this notice may be changed in
light of the comments received.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report that summarizes each FAA-public contact concerned
with the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket No. 86-CE-23-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRM's
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Central Region, Office of the Assistant Chief Counsel,
Attention: Rules Docket No. 86-CE-23-AD, Room 1558, 601 E. 12th Street,
Kansas City, Missouri 64106.
Discussion
The FAA has determined that reliance on critical repetitive
inspections on aging commuter-class airplanes carries an unnecessary
safety risk when a design change exists that could eliminate or, in
certain instances, reduce the number of those critical inspections. In
determining what inspections are critical, the FAA considers (1) the
safety consequences if the known problem is not detected during the
inspection; (2) the probability of the problem not being detected
during the inspection; (3) whether the inspection area is difficult to
access; and (4) the possibility of damage to an adjacent structure as a
result of the problem.
These factors have led the FAA to establish an aging commuter-class
aircraft policy that requires incorporating a known design change when
it could replace a critical repetitive inspection. With this policy in
mind, the FAA conducted a review of existing AD's that apply to Pilatus
Britten-Norman BN-2A, BN-2B, BN-2T, and BN2A MK. 111 series airplanes.
Assisting the FAA in this review were (1) Pilatus Britten-Norman; (2)
the Regional Airlines Association (RAA); (3) the Civil Aviation
Authority of the United Kingdom; and (4) several operators of the
affected airplanes.
From this review, the FAA has identified AD 86-07-02, Amendment 39-
5382, as one which falls under the FAA's aging aircraft policy. AD 86-
07-02 currently requires repetitively inspecting the junction of the
torque link lug and upper case of the main landing gear (MLG) torque
link assemblies for cracks on Pilatus Britten-Norman BN-2A, BN-2B, BN-
2T, and BN2A MK. 111 series airplanes, and replacing any cracked part.
Pilatus Britten-Norman has developed a modification that, when
incorporated, would eliminate the need for the
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repetitive inspection requirement of AD 86-07-02 for the Pilatus
Britten-Norman BN-2A, BN-2B, and BN-2T series airplanes. The
requirements of AD 86-07-02 should still apply for the Pilatus Britten-
Norman BN2A MK. 111 series airplanes.
Applicable Service Information
Fairey Hydraulics Limited has issued Service Bulletin (SB) 32-7 ,
Issue 3, dated January 30, 1990, and Fairey Hydraulics Limited SB 32-10
, Issue 2, dated November 10, 1992. These SB's include procedures for
inspecting the junction of the torque link lug and upper case of the
MLG torque link assemblies on Pilatus Britten-Norman BN2A MK. 111
series airplanes. Pilatus Britten-Norman SB BN-2/SB. 173, Issue 3,
dated November 16, 1990, references Fairey Hydraulic Limited SB 32-7;
and Pilatus Britten-Norman SB BN-2/SB.209, Issue 1, dated November 30,
1992, references Fairey Hydraulic Limited SB 32-10.
The FAA's Determination
The FAA has examined all available information related to this
subject matter and has determined that:
AD 86-07-02 should be revised to remove the BN-2A, BN-2B,
and BN-2T series airplanes from the applicability of the AD (the BN2A
MK. 111 series airplanes should still apply); and
Separate AD action should be taken for the Pilatus
Britten-Norman BN-2A, BN-2B, and BN-2T series airplanes to require a
modification to the main landing gear torque link assembly.
Explanation of the Provisions of the Proposed AD
Since an unsafe condition has been identified that is likely to
exist or develop in other Pilatus Britten-Norman BN2A MK. 111 series
airplanes of the same type design, the proposed AD would revise AD 86-
07-02 by removing the BN-2A, BN-2B, and BN-2T series airplanes from the
applicability of that AD. The requirement of repetitively inspecting
the junction of the torque link lug and upper case of the MLG torque
link assemblies would be retained for the BN2A MK. 111 series
airplanes. The FAA will propose separate AD action for the BN-2A and
BN-2T series airplanes to require a modification that, when
incorporated, would eliminate the repetitive inspection requirement
currently required by AD 86-07-02. Accomplishment of the proposed
inspections and would be accomplished in accordance with the previously
referenced service bulletins.
Cost Impact
The FAA estimates that nine airplanes in the U.S. registry would be
affected by the proposed AD, that it would take approximately one
workhour per airplane to accomplish the proposed initial inspection,
and that the average labor rate is approximately $60 an hour. Based on
these figures, the total cost impact of the proposed AD on U.S.
operators is estimated to be $540 or $60 per airplane. This figure only
takes into account the cost of the proposed initial inspection and does
not take into account the cost of the proposed repetitive inspections.
The FAA has no way of determining the number of repetitive inspections
each of the owners/operators would incur over the life of the affected
airplanes.
In addition, the proposed inspections are currently required on the
nine affected airplanes. The proposed AD would not require any
additional actions over that already required by AD 86-07-02.
Regulatory Impact
The regulations proposed herein would not have substantial direct
effects 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. Therefore, in
accordance with Executive Order 12612, it is determined that this
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (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) if promulgated,
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. A copy of the draft regulatory evaluation
prepared for this action has been placed in the Rules Docket. A copy of
it may be obtained by contacting the Rules Docket at the location
provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by removing Airworthiness Directive
(AD) 86-07-02, Amendment 39-5382, and by adding a new AD to read as
follows:
Pilatus Britten-Norman Ltd.: Docket No. 86-CE-23-AD. Revises AD 86-
07-02, Amendment 39-5382.
Applicability: Models MK. 111, BN2A MK. 111-2, and BN2A MK. 111-
3 airplanes (all serial numbers), certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (f) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required prior to further flight after the effective
date of this AD (see Note 2) or within 100 hours time-in-service
(TIS) after the last inspection accomplished in accordance with AD
86-07-02, whichever occurs later, and thereafter at intervals not to
exceed 100 hours TIS.
Note 2: The ``prior to further flight after the effective date
of this AD'' compliance time was the original initial compliance
time of AD 86-07-02, and is being retained to provide credit and
continuity for already-accomplished and future inspections.
To prevent failure of the main landing gear caused by cracks in
the torque link assembly area, which could lead to loss of control
of the airplane during landing operations, accomplish the following:
(a) Inspect the junction of the torque link lug and upper case
for cracks (using a 10-power magnifying glass or by dye penetrant
methods) in accordance with Fairey Hydraulics Limited Service
Bulletin (SB) 32-7, Issue 3, dated January 30, 1990, or Fairey
Hydraulics SB 32-10, Issue 2, dated November 10, 1992, as
applicable. Pilatus Britten-Norman SB BN-2/SB. 173, Issue 3, dated
November 16, 1990, references Fairey Hydraulic Limited SB 32-7; and
Pilatus Britten-Norman SB BN-2/SB.209, Issue 1, dated November 30,
1992, references Fairey Hydraulic Limited SB 32-10.
(b) If cracked parts are found during any of the inspections
required by this AD, prior to further flight, replace the cracked
parts
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with airworthy parts in accordance with the applicable maintenance
manual.
(c) If the landing gear is replaced, only equal pairs of the
same manufacturer are approved as replacement parts. Mixing of
different manufacturer landing gears is not authorized.
(d) The intervals between the repetitive inspections required by
this AD may be adjusted up to 10 percent of the specified interval
to allow accomplishing these actions along with other scheduled
maintenance on the airplane.
(e) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the inspection requirements of this AD can be accomplished.
(f) An alternative method of compliance or adjustment of the
initial or repetitive compliance times that provides an equivalent
level of safety may be approved by the Manager, Brussels Aircraft
Certification Division, Europe, Africa, Middle East office, FAA, c/o
American Embassy, 1000 Brussels, Belgium. The request should be
forwarded through an appropriate FAA Maintenance Inspector, who may
add comments and then send it to the Manager, Brussels Aircraft
Certification Division. Alternative methods of compliance approved
for AD 86-07-02 are considered approved as alternative methods of
compliance for this AD.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Brussels Aircraft Certification Division.
(g) All persons affected by this directive may obtain copies of
the documents referred to herein upon request to Fairey Hydraulics
Limited, Claverham, Bristol, England; or Pilatus Britten-Norman
Limited, Bembridge, Isle of Wight, United Kingdom PO35 5PR, as
applicable; or may examine these documents at the FAA, Central
Region, Office of the Assistant Chief Counsel, Room 1558, 601 E.
12th Street, Kansas City, Missouri 64106.
(h) This amendment revises AD 86-07-02, Amendment 39-5382.
Issued in Kansas City, Missouri, on May 19, 1997.
Henry A. Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 97-13691 Filed 5-23-97; 8:45 am]
BILLING CODE 4910-13-U
