[Federal Register Volume 78, Number 68 (Tuesday, April 9, 2013)]
[Proposed Rules]
[Pages 21072-21074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08194]
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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. 78, No. 68 / Tuesday, April 9, 2013 /
Proposed Rules
[[Page 21072]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2013-0314; Directorate Identifier 2013-CE-004-AD]
RIN 2120-AA64
Airworthiness Directives; B-N Group Ltd. Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for B-N
Group Ltd. Models BN-2, BN-2A, BN2A MK. III, BN2A MK. III-2, BN2A MK.
III-3, BN-2A-2, BN-2A-20, BN-2A-21, BN-2A-26, BN-2A-27, BN-2A-3, BN-2A-
6, BN-2A-8, BN-2A-9, 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 describes the unsafe condition as inadequate
sealing of the fuel filler cap (fuel tank cap) and the fuel filler
receptacle (fuel tank opening), which could lead to contaminated fuel
and result in in-flight shutdown of the engine. We are issuing this
proposed AD to require actions to address the unsafe condition on these
products.
DATES: We must receive comments on this proposed AD by May 24, 2013.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Britten-Norman Aircraft Ltd, Commodore House, Mountbatten Business
Centre, Millbrook Road East, Southampton SO15 1HY, United Kingdom;
telephone: +44 01983 872511; fax: +44 01983 873246; email:
[email protected]; Internet: www.britten-norman.com. You may review
copies of the referenced service information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 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 on the Internet at http://www.regulations.gov; 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 this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone (800) 647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT: Taylor Martin, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4138; fax: (816) 329-4090; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0314;
Directorate Identifier 2013-CE-004-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued AD
No.: 2012-0270, December 20, 2012 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:
Preliminary investigations into a recent engine failure on a BN2
aeroplane have attributed the event to water contaminated fuel. The
contamination is suspected to have occurred due to inadequate
sealing between a post-mod NB-M-477 fuel filler cap and a pre-mod
NB-M-477 fuel filler receptacle.
This condition, if not detected and corrected, could lead to fuel
water contamination, possibly resulting in in-flight shut down of
the engine.
For the reasons described above, this AD requires a one-time
inspection of the fuel filler cap and fuel filler receptacle to
determine whether they are at the same modification state and,
depending on findings, accomplishment of applicable corrective
action(s). To mitigate the risk of water contamination pending the
installation of matching fuel filler cap and receptacle, this AD
also requires daily pre-flight water contamination checks.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
B-N Group Limited has issued Service Bulletin Number SB 332, Issue
1, dated December 6, 2012. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.
FAA's Determination and Requirements of the Proposed AD
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, they
have notified us of the unsafe condition described in the MCAI and
service information
[[Page 21073]]
referenced above. We are proposing this AD because we evaluated all
information and determined the unsafe condition exists and is likely to
exist or develop on other products of the same type design.
Costs of Compliance
We estimate that this proposed AD will affect 114 products of U.S.
registry. We also estimate that it would take about 1 work-hour per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour. Required parts would cost
about $0 per product.
Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $9,690, or $85 per product.
In addition, we estimate that any necessary follow-on actions would
take about 1 work-hour and require parts costing $400, for a cost of
$485 per product. We have no way of determining the number of products
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.
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 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) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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.
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
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:
B-N Group Ltd.: Docket No. FAA-2013-0314; Directorate Identifier
2013-CE-004-AD.
(a) Comments Due Date
We must receive comments by May 24, 2013.
(b) Affected ADs
None.
(c) Applicability
This AD applies to B-N Group Ltd. Models BN-2, BN-2A, BN2A MK.
III, BN2A MK. III-2, BN2A MK. III-3, BN-2A-2, BN-2A-20, BN-2A-21,
BN-2A-26, BN-2A-27, BN-2A-3, BN-2A-6, BN-2A-8, BN-2A-9, BN-2B-20,
BN-2B-21, BN-2B-26, BN-2B-27, BN-2T, and BN-2T-4R airplanes, all
serial numbers, certificated in any category.
(d) Subject
Air Transport Association of America (ATA) Code 28: Fuel.
(e) Reason
This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. We are issuing this proposed AD to prevent, detect, and
correct inadequate sealing of the fuel filler cap (fuel tank cap)
and the fuel filler receptacle (fuel tank opening), which could lead
to contaminated fuel and result in in-flight shutdown of the engine.
(f) Actions and Compliance
Unless already done, do the following actions:
(1) Within next 30 days after the effective date of this AD,
inspect the aircraft fuel replenishment points on the top surface of
the wings to determine that the fuel filler cap (fuel tank cap)
matches the fuel filler receptacle (fuel tank opening) following the
instructions of paragraph 6 of Britten-Norman Service Bulletin
Number SB 332, Issue 1, dated December 6, 2012.
(2) If a mismatch of the fuel filler cap and the fuel filler
receptacle is found during the inspection required by paragraph
(f)(1) of this AD, within 3 months after the effective date of this
AD, install the correct fuel filler cap to match the fuel filler
receptacle installed on the airplane following the instructions of
paragraph 6 of Britten-Norman Service Bulletin Number SB 332, Issue
1, dated December 6, 2012.
(3) If a mismatch of the fuel filler cap and the fuel filler
receptacle is found during the inspection required by paragraph
(f)(1) of this AD, before further flight and thereafter during each
daily pre-flight check, do water contamination checks of the
gascolators and fuel tank sump drains, including those of the wing
tip tanks if installed. This check is in addition to the normal
daily checks already required.
(4) The modification required by paragraph (f)(2) of this AD
terminates the daily pre-flight water contamination checks as
specified in paragraph (f)(3) of this AD.
(5) After the effective date of this AD, do not install on any
airplane a fuel filler cap that does not match the fuel filler
receptacle and has the correct seal.
(g) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Taylor Martin, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4138; fax: (816) 329-4090; email:
[email protected]. Before using any approved AMOC on any
airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
(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, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information
[[Page 21074]]
collection is 2120-0056. Public reporting for this collection of
information is estimated to be approximately 5 minutes per response,
including the time for reviewing instructions, completing and
reviewing the collection of information. All responses to this
collection of information are mandatory. Comments concerning the
accuracy of this burden and suggestions for reducing the burden
should be directed to the FAA at: 800 Independence Ave. SW.,
Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.
(h) Related Information
Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2012-0270, December 20, 2012; and Britten-Norman Service Bulletin
Number SB 332, Issue 1, dated December 6, 2012, for related
information. For service information related to this AD, contact
Britten-Norman Aircraft Ltd, Commodore House, Mountbatten Business
Centre, Millbrook Road East, Southampton SO15 1HY, United Kingdom;
telephone: +44 01983 872511; fax: +44 01983 873246; email:
[email protected]; Internet: www.britten-norman.com. You may
review copies of the referenced service information at the FAA,
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106.
For information on the availability of this material at the FAA,
call (816) 329-4148.
Issued in Kansas City, Missouri, on April 2, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-08194 Filed 4-8-13; 8:45 am]
BILLING CODE 4910-13-P