[Federal Register Volume 61, Number 174 (Friday, September 6, 1996)]
[Rules and Regulations]
[Pages 47049-47051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22687]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 96-CE-16-AD; Amendment 39-9748; AD 96-18-21]
RIN 2120-AA64
Airworthiness Directives; Pilatus Britten-Norman Ltd. (formerly
Britten-Norman) BN-2A and BN2A MK. 111 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment supersedes Airworthiness Directive (AD) 75-26-
15, which currently requires repetitively inspecting the aileron mass
balance clamp unit attachment for looseness on Pilatus Britten-Norman
Ltd. (Pilatus Britten-Norman) BN-2A and BN2A MK. 111 series airplanes,
and modifying the aileron and mass balance clamp unit if any looseness
is found. The Federal Aviation Administration's policy on aging
commuter-class aircraft is to eliminate or, in certain instances,
reduce the number of certain repetitive short-interval inspections when
improved parts or modifications are available. This action retains the
repetitive inspections required by AD 75-26-15, and requires modifying
the aileron and mass balance unit (at a certain time) as terminating
action for the repetitive inspection requirement. The actions specified
in this AD are intended to prevent failure of the aileron mass balance
attachment, which could result in loss of control of the airplane.
DATES: Effective October 25, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of October 25, 1996.
ADDRESSES: Service information that applies to this 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 may also be examined at the Federal Aviation
Administration (FAA), Central Region, Office of the Assistant Chief
Counsel, Attention: Rules Docket 96-CE-16-AD, Room 1558, 601 E. 12th
Street, Kansas City, Missouri 64106; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
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. Jeffrey
Morfitt, 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:
Events Leading to This Action
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to include an AD that would apply to Pilatus Britten-
Norman BN-2A and BN2A MK. 111 series airplanes was published in the
Federal Register on May 9, 1996 (61 FR 21146). The action proposed to
supersede AD 75-26-15 with a new AD that would (1) retain the
requirements of repetitively inspecting the aileron mass balance clamp
unit
[[Page 47050]]
attachment for looseness and modifying any aileron and mass balance
unit immediately where looseness is found; and (2) require modifying
the aileron and mass balance unit (at a certain time) if not previously
required. The modification would terminate the need for the repetitive
inspections of the aileron and mass balance unit attachment.
Accomplishment of the proposed actions would continue to be in
accordance with Britten-Norman Service Bulletin No. BN-2/SB.67, Issue
1, dated October 24, 1973.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. No comments were received on the
proposed rule or the FAA's determination of the cost to the public.
The FAA's Determination
After careful review of all available information related to the
subject presented above, the FAA has determined that air safety and the
public interest require the adoption of the rule as proposed except for
minor editorial corrections. The FAA has determined that these minor
corrections will not change the meaning of the AD and will not add any
additional burden upon the public than was already proposed.
Cost Impact
The FAA estimates that 109 airplanes in the U.S. registry will be
affected by this AD, that it will take approximately 10 workhours
(inspection: 1 workhour; modification: 9 workhours) per airplane to
accomplish the action, and that the average labor rate is approximately
$60 an hour. Parts cost approximately $160 per airplane. Based on these
figures, the total cost impact of this AD on U.S. operators is
estimated to be $82,840. This figure only takes into account the cost
of the initial inspection and inspection-terminating modification and
does not take into account the cost of repetitive inspections. The FAA
has no way of determining the number of repetitive inspections each of
the owners/operators will incur over the life of the affected
airplanes.
This figure is also based on the assumption that no affected
airplane owner/operator has accomplished the required modification.
This action eliminates the repetitive inspections required by AD 75-26-
15. The FAA has no way of determining the operational levels of each
individual operator of the affected airplanes, and subsequently cannot
determine the repetitive inspection costs that would be eliminated by
this action. The FAA estimates these costs to be substantial over the
long term.
Pilatus Britten-Norman does not know the number of parts
distributed to the affected airplane owners/operators. Numerous sets of
parts were sent out to the owners/operators of the affected airplanes,
but over the years Pilatus Britten-Norman has not retained these
records. The company believes that most of the affected airplanes
already have the required inspection-terminating modification
incorporated.
The FAA's Aging Commuter Class Aircraft Policy
This AD is part of the FAA's aging commuter airplane policy, which
briefly states that, when a modification exists that could eliminate or
reduce the number of required critical inspections, the modification
should be incorporated.
The intent of the FAA's aging commuter airplane program is to
ensure safe operation of airplanes that are in commercial service
without adversely impacting private operators. Of the approximately 109
airplanes in the U.S. registry that would be affected by this AD, the
FAA has determined that approximately 25 percent are operated in
scheduled passenger service by 11 different operators. A significant
number of the remaining 75 percent are operated in other forms of air
transportation such as air cargo and air taxi.
This action allows 1,000 hours time-in-service (TIS) after the
effective date of the AD before mandatory accomplishment of the design
modification. The average utilization of the fleet for those airplanes
in commercial commuter service is approximately 25 to 50 hours TIS per
week. Based on these figures, operators of airplanes involved in
commercial operation will have to accomplish the modification within 5
to 10 months after this AD becomes effective. For private owners, who
typically operate between 100 to 200 hours TIS per year, this allows 5
to 10 years before the required modification becomes mandatory. The
time it would take those in air cargo/air taxi operations before this
action becomes mandatory is unknown because of the wide variation
between each airplane used in this service. The exact numbers would
fall somewhere between the average for commuter operators and private
operators.
Regulatory Impact
The regulations adopted herein will 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 final
rule does 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) 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 final evaluation prepared for this
action is contained 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, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends 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 USC 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by removing Airworthiness Directive
(AD) 75-26-15, Amendment 39-2464, and by adding a new AD to read as
follows:
96-18-21 Pilatus Britten-Norman: Amendment 39-9748; Docket No. 96-
CE-16-AD. Supersedes AD 75-26-15, Amendment 39- 2464. Applicability:
Models BN-2, BN-2A, BN-2A-6, BN-2A-8, BN-2A-2, BN-2A-9, BN-2A-3, BN-
2A-20, BN-2A-21, BN-2A-26, BN-2A-27, BN2A 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
[[Page 47051]]
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 as indicated in the body of this AD, unless
already accomplished.
To prevent failure of the aileron mass balance attachment, which
could result in loss of control of the airplane, accomplish the
following:
(a) Prior to the first flight of each day after the effective
date of this AD (see NOTE 2 of this AD), inspect the attachment of
the aileron mass balance clamp unit for looseness in accordance with
the ``Inspection'' section of Britten-Norman Service Bulletin (SB)
No. BN-2/SB.67, Issue 1, dated October 24, 1973.
Note 2: The ``prior to first flight of each day after the
effective date of this AD'' compliance time required by paragraph
(a) of this AD is exactly the same as required by AD 75-26-15
(superseded by this AD).
(b) If a loose attachment of the aileron mass balance clamp unit
is found during any of the inspections required by this AD, prior to
further flight, modify the aileron and mass balance clamp unit in
accordance with the ``b. Sequence of Operations'' section of
Britten-Norman SB No. BN-2/SB.67, Issue 1, dated October 24, 1973.
(c) Within the next 1,000 hours time-in-service after the
effective date of this AD, unless already accomplished as specified
and required by paragraph (b) of this AD, modify the aileron and
mass balance clamp unit in accordance with the ``b. Sequence of
Operations'' section of Britten-Norman SB No. BN-2/SB.67, Issue 1,
dated October 24, 1973.
(d) Accomplishing the modification required by paragraph (b) or
(c) of this AD is considered terminating action for the repetitive
inspection requirement of this AD.
(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 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
in accordance with AD 75-26-15 (superseded by this action) are not
considered approved as alternative methods of compliance with 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) The inspections and modification required by this AD shall
be done in accordance with Britten-Norman Service Bulletin No. BN-2/
SB.67, Issue 1, dated October 24, 1973. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be
obtained from Pilatus Britten-Norman Limited, Bembridge, Isle of
Wight, United Kingdom PO35 5PR. Copies may be inspected at the FAA,
Central Region, Office of the Assistant Chief Counsel, Room 1558,
601 E. 12th Street, Kansas City, Missouri, or at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC.
(h) This amendment (39-9748) supersedes AD 75-26-15, Amendment
39-2464.
(i) This amendment (39-9748) becomes effective on October 25,
1996.
Issued in Kansas City, Missouri, on August 29,1996.
Henry A. Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-22687 Filed 9-5-96; 8:45 am]
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