Proposed Rule2024-10295
Airworthiness Directives; Britten-Norman Aerospace Ltd. Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 17, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 97 (Friday, May 17, 2024)</title>
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[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
[Proposed Rules]
[Pages 43342-43344]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10295]
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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:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: (202) 493-2251.
<bullet> 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.
<bullet> 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 <a href="http://regulations.gov">regulations.gov</a> 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:
<bullet> For service information, contact Britten-Norman Aerospace
Ltd., Bembridge Airport, Bembridge, Isle of Wight, UK, PO35 5PR; phone:
+44 20 3371 4000; email: <a href="/cdn-cgi/l/email-protection#73100600071c1e16015d000603031c01073311011a0707161d5e4f12531b0116154e" http: norman.com">norman.com</a>">customer.support@britten-<a href="http://norman.com">norman.com</a></a>; website:
<a href="http://britten-norman.com/approvals-technical-publications">britten-norman.com/approvals-technical-publications</a>.
<bullet> 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: <a href="/cdn-cgi/l/email-protection#ccbca9a2a9a0a3bca9e2b8bea9adbfa98caaadade2aba3ba"><span class="__cf_email__" data-cfemail="a6d6c3c8c3cac9d6c388d2d4c3c7d5c3e6c0c7c788c1c9d0">[email protected]</span></a>.
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
<a href="http://regulations.gov">regulations.gov</a>, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
[[Page 43343]]
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 <a href="http://regulations.gov">regulations.gov</a> 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
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Action Labor cost Parts cost Cost per product Cost on U.S. operators
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Determine the number of 1 work-hour x $85 $0 $85................... $7,395.
landings accumulated on per hour = $85.
affected MLGs, NLGs, and
associated components.
Replace MLG.................... 16 work-hours x 30,000 $31,360............... $2,728,320.
$85 per hour =
$1,360.
Replace NLG.................... 16 work-hours x 35,000 $36,360............... $3,163,320.
$85 per hour =
$1,360.
Replace associated components.. Up to 4 work-hours 4,000 Up to $4,340.......... Up to $377,580.
x $85 per hour =
$340.
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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
[[Page 43344]]
(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
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 airworthiness
directive:
Britten-Norman Aerospace Ltd.: Docket No. FAA-2024-1299; Project
Identifier MCAI-2023-00237-A.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by July 1, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to certain Britten-Norman Aerospace Ltd.
airplanes fitted with Fairey Hydraulics Ltd or Britten-Norman
Aircraft landing gear and associated landing gear components,
certificated in any category, identified in paragraphs (c)(1) and
(2) of this AD.
(1) 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.
(2) Model BN2A MK. III, BN2A MK. III-2, and BN2A MK. III-3
airplanes.
(d) Subject
Joint Aircraft System Component (JASC) Code 3200, Landing Gear
System.
(e) Unsafe Condition
This 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. Exceeding the established fatigue life, if not addressed,
could result in failure of the structural integrity of the landing
gear, which could result in damage to the airplane and injury to
occupants.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Definitions
For the purposes of this AD:
(1) An ``affected part'' is a main landing gear (MLG), nose
landing gear (NLG), or component identified in Table 1, 2, or 3 of
Section 6 in Britten-Norman SB 298, Issue 3, dated July 7, 2023
(Britten-Norman SB 298, Issue 3).
(2) A ``part eligible for installation'' is an MLG, NLG, or
component with a part that has been established to be below the
associated fatigue life identified in Table 1, 2, or 3 of Section 6
in Britten-Norman SB 298, Issue 3.
(h) Required Actions
(1) Within 30 days after the effective date of this AD,
determine the number of landings accumulated on the affected parts.
(2) Before accumulating the number of landings (fatigue life)
associated with the applicable affected part as identified in Table
1, 2, or 3 of Section 6 in Britten-Norman SB 298, Issue 3, or within
the next 30 days after the effective date of this AD, whichever
occurs later, replace any affected part with a part eligible for
installation.
(3) Thereafter, replace any affected part with a part eligible
for installation before accumulating the fatigue life, as identified
in Table 1, 2, or 3 of Section 6 in Britten-Norman SB 298, Issue 3.
(4) As of the effective date of this AD, do not install a MLG,
NLG, or associated component unless it is a part eligible for
installation.
(i) Alternative Methods of Compliance (AMOCs)
The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (j)(2) of
this AD or email to: <a href="/cdn-cgi/l/email-protection#724b5f3324215f333b205f4541425f333f3d31321413135c151d04"><span class="__cf_email__" data-cfemail="4d74600c1b1e600c041f607a7e7d600c00020e0d2b2c2c632a223b">[email protected]</span></a>. If mailing
information, also submit information by email. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local Flight
Standards District Office/certificate holding district office.
(j) Additional Information
(1) Refer to United Kingdom (UK) Civil Aviation Authority (CAA)
AD G-2023-0001, dated February 8, 2023, for related information.
This UK CAA AD may be found in the AD docket at <a href="http://regulations.gov">regulations.gov</a>
under Docket No. FAA-2024-1299.
(2) For more information about this AD, contact Penelope Trease,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (303) 342-1094; email:
<a href="/cdn-cgi/l/email-protection#9aeafff4fff6f5eaffb4eee8fffbe9ffdafcfbfbb4fdf5ec"><span class="__cf_email__" data-cfemail="19697c777c7576697c376d6b7c786a7c597f7878377e766f">[email protected]</span></a>.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Britten-Norman Service Bulletin SB 298, Issue 3, dated July
7, 2023.
(ii) [Reserved]
(3) For service information, contact Britten-Norman Aerospace
Ltd., Bembridge Airport, Bembridge, Isle of Wight, UK, PO35 5PR;
phone: +44 20 3371 4000; email: <a href="/cdn-cgi/l/email-protection#debdabadaab1b3bbacf0adabaeaeb1acaa9ebcacb7aaaabbb0f3e2bffeb6acbbb8e3" http: norman.com">norman.com</a>">customer.support@britten-<a href="http://norman.com">norman.com</a></a>;
website: <a href="http://britten-norman.com/approvals-technical-publications">britten-norman.com/approvals-technical-publications</a>.
(4) 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.
(5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#9dfbefb3f4f3eeedf8fee9f4f2f3ddf3fceffcb3faf2eb"><span class="__cf_email__" data-cfemail="fb9d89d59295888b9e988f929495bb959a899ad59c948d">[email protected]</span></a>.
Issued on May 7, 2024.
James D. Foltz,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-10295 Filed 5-16-24; 8:45 am]
BILLING CODE 4910-13-P
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