81_FR_13767 81 FR 13717 - Airworthiness Directives; B-N Group Ltd. Airplanes

81 FR 13717 - Airworthiness Directives; B-N Group Ltd. Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 50 (March 15, 2016)

Page Range13717-13719
FR Document2016-05509

We are superseding an airworthiness directive (AD) 2007-06-06 for B-N Group Ltd. Models 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, BN2A MK. III, BN2A MK. III-2, BN2A MK. III-3 BN2A, BN2B, and BN2A MKIII (all models on TCDS A17EU and A29EU) airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued 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 cracks in the inner shell of certain pitot/static pressure heads. We are issuing this AD to require actions to address the unsafe condition on these products.

Federal Register, Volume 81 Issue 50 (Tuesday, March 15, 2016)
[Federal Register Volume 81, Number 50 (Tuesday, March 15, 2016)]
[Rules and Regulations]
[Pages 13717-13719]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05509]



[[Page 13717]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-7777; Directorate Identifier 2015-CE-036-AD; 
Amendment 39-18432; AD 2016-06-01]
RIN 2120-AA64


Airworthiness Directives; B-N Group Ltd. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are superseding an airworthiness directive (AD) 2007-06-06 
for B-N Group Ltd. Models 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, BN2A MK. III, BN2A MK. III-2, BN2A MK. III-3 
BN2A, BN2B, and BN2A MKIII (all models on TCDS A17EU and A29EU) 
airplanes. This AD results from mandatory continuing airworthiness 
information (MCAI) issued 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 cracks in the inner shell of 
certain pitot/static pressure heads. We are issuing this AD to require 
actions to address the unsafe condition on these products.

DATES: This AD is effective April 19, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of April 19, 
2016.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
7777; or in person at the Docket Management Facility, U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
    For service information identified in this AD, contact Britten-
Norman Aircraft Limited, Commodore House, Mountbatten Business Centre, 
Millbrook Road East, Southampton SO15 1HY, United Kingdom; telephone: 
+44 20 3371 4000; fax: +44 20 3371 4001; email: [email protected]; 
Internet: http://www.britten-norman.com/customer-support/. You may view 
this 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. 
It is also available on the Internet at http://www.regulations.gov by 
searching for Docket No. FAA-2015-7777.

FOR FURTHER INFORMATION CONTACT: Raymond Johnston, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4159; fax: (816) 329-3047; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to B-N Group Ltd. Models 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, BN2A MK. 
III, BN2A MK. III-2, BN2A MK. III-3 BN2A, BN2B, and BN2A MKIII (all 
models on TCDS A17EU and A29EU) airplanes. That NPRM was published in 
the Federal Register on December 24, 2015 (80 FR 80291), and proposed 
to supersede AD 2007-06-06, Amendment 39-14987 (72 FR 12557; March 16, 
2007).
    The NPRM proposed to correct an unsafe condition for the specified 
products and was based on mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country. The MCAI states that:

    In 2005, occurrences were reported of finding cracks in the 
inner shell of certain pitot/static pressure heads, Part Number (P/
N) DU130-24.
    This condition, if not detected and corrected, could lead to 
incorrect readings on the pressure instrumentation, e.g. altimeters, 
vertical speed indicators (rate-of-climb) and airspeed indicators, 
possibly resulting in reduced control of the aeroplane.
    To address this potential unsafe condition, B-N Group issued 
Service Bulletin (SB) 310 to provide inspection and test 
instructions. Consequently, CAA UK issued AD G-2005-0034 (EASA 
approval 2005-6447) to require repetitive inspections and leak tests 
and, depending on findings, accomplishment of applicable corrective 
action(s).
    Subsequently, B-N Group published SB 310 issue 2, prompting EASA 
to issue AD 2006-0143 making reference to SB 310 at issue 2, while 
the publication of BNA SB 310 issue 3 prompted EASA AD 2006-0143R1, 
introducing BNA modification (mod) NB-M-1728 (new pitot/static 
pressure head not affected by the AD requirements) as optional 
terminating action for the repetitive inspections and leak tests.
    Since that AD was issued, operators have reported a number of 
premature failures of the affected P/N DU130-24 pitot-static probes.
    Prompted by these reports, BNA issued SB 310 issue 4 to reduce 
the interval for the inspections and leak tests.
    For the reason described above, this AD retains the requirements 
of EASA AD 2006-0143R1, which is superseded, but requires those 
actions at reduced intervals.

    The MCAI can be found in the AD docket on the Internet at: http://www.regulations.gov/#!documentDetail;D=FAA-2015-7777-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting the AD as proposed except for 
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (80 FR 80291, December 24, 2015) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (80 FR 80291, December 24, 2015).

Related Service Information Under 1 CFR Part 51

    We reviewed Britten-Norman Service Bulletin Number SB 310, Issue 4, 
dated September 25, 2015. The service information describes procedures 
for inspections, and if necessary, replacement of the pitot/static 
pressure head. This service information is reasonably available because 
the interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section of this 
final rule.

Costs of Compliance

    We estimate that this AD will affect 93 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.
    Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $7,905, or $85 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 2 work-hours and require parts costing $10,000, for a cost 
of $10,170 per product. We have no way of determining the number of 
products that may need these actions.

[[Page 13718]]

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 AD will not have federalism implications 
under Executive Order 13132. This AD will 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 AD:
    (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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
7777; 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 the NPRM, 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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 removing Amendment 39-14987 (72 FR 
12557; March 16, 2007) and adding the following new AD:

2016-06-01 B-N Group Ltd.: Amendment 39-18432; Docket No. FAA-2015-
7777; Directorate Identifier 2015-CE-036-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective April 19, 
2016.

(b) Affected ADs

    This AD supersedes AD 2007-06-06, Amendment 39-14987 (72 FR 
12557; March 16, 2007).

(c) Applicability

    This AD applies to B-N Group Ltd. Models 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, BN2A MK. III, BN2A 
MK. III-2, BN2A MK. III-3 BN2A, BN2B, and BN2A MKIII, BN2A, BN2B, 
and BN2A MKIII (all models on TCDS A17EU and A29EU) airplanes, all 
serial numbers, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 34: Navigation.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) issued 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 cracks in the 
inner shell of certain pitot/static pressure heads. We are issuing 
this AD to correct cracks of the inner shell of certain pitot/static 
pressure heads for cracks; which could lead to incorrect readings on 
the pressure instrumentation, e.g. altimeters, vertical speed 
indicators (rate-of-climb) and airspeed indicators and possibly 
result in reduced control of the airplane.

(f) Actions and Compliance

    Unless already done, do the following actions in paragraphs 
(f)(1) through (f)(4) of this AD:
    (1) For airplanes equipped with pitot/static pressure head part 
number (P/N) DU130-24: Within 50 hours time-in-service (TIS) after 
April 19, 2016 (the effective date of this AD) and repetitively 
thereafter at intervals not to exceed 50 hours TIS, inspect the 
pitot/static pressure head for cracks and/or separation and perform 
a leak test following the procedures in the action section of 
Britten-Norman Service Bulletin SB 310, Issue 4, dated September 25, 
2015.
    (2) For airplanes equipped with pitot/static pressure head part 
number (P/N) DU130-24: If, during an inspection or test required in 
paragraph (f)(1) of this AD discrepancies are found, before further 
flight, replace the pitot/static pressure head with an airworthy 
part.
    (3) For airplanes equipped with pitot/static pressure head part 
number (P/N) DU130-24: Corrections performed on airplanes as 
required in paragraph (f)(2) of this AD do not constitute 
terminating action for the repetitive actions required in paragraph 
(f)(1) of this AD.
    (4) For airplanes not equipped with a pitot/static pressure head 
P/N DU130-24 on the effective date of this AD: After April 19, 2016 
(the effective date of this AD), do not install a pitot/static 
pressure head P/N DU130-24.

(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: Raymond Johnston, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4159; fax: (816) 329-3047; 
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.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 
2015-0199, dated October 7, 2015, for related information. You may 
examine the MCAI on the Internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2015-7777. For service 
information related to this AD, contact Britten-Norman Aircraft 
Limited, Commodore House, Mountbatten Business Centre, Millbrook 
Road East, Southampton SO15 1HY, United Kingdom; telephone: +44 20 
3371 4000; fax: +44 20 3371 4001; email: [email protected]; 
Internet: http://www.britten-norman.com/customer-support/. 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.

[[Page 13719]]

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) 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 310, Issue 4, dated 
September 25, 2015.
    (ii) Reserved.
    (3) For Britten-Norman Aircraft Limited service information 
identified in this AD, contact Britten-Norman Aircraft Limited, 
Commodore House, Mountbatten Business Centre, Millbrook Road East, 
Southampton SO15 1HY, United Kingdom; telephone: +44 20 3371 4000; 
fax: +44 20 3371 4001; email: [email protected]; Internet: http://www.britten-norman.com/customer-support/.
    (4) 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. In addition, you can access this 
service information on the Internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2015-7777.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on March 7, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-05509 Filed 3-14-16; 8:45 am]
BILLING CODE 4910-13-P



                                                                     Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Rules and Regulations                                          13717

                                                  DEPARTMENT OF TRANSPORTATION                            For information on the availability of                the affected P/N DU130–24 pitot-static
                                                                                                          this material at the FAA, call (816) 329–             probes.
                                                  Federal Aviation Administration                         4148. It is also available on the Internet              Prompted by these reports, BNA issued SB
                                                                                                          at http://www.regulations.gov by                      310 issue 4 to reduce the interval for the
                                                  14 CFR Part 39                                                                                                inspections and leak tests.
                                                                                                          searching for Docket No. FAA–2015–                      For the reason described above, this AD
                                                  [Docket No. FAA–2015–7777; Directorate                  7777.                                                 retains the requirements of EASA AD 2006–
                                                  Identifier 2015–CE–036–AD; Amendment                    FOR FURTHER INFORMATION CONTACT:                      0143R1, which is superseded, but requires
                                                  39–18432; AD 2016–06–01]                                Raymond Johnston, Aerospace Engineer,                 those actions at reduced intervals.
                                                  RIN 2120–AA64                                           FAA, Small Airplane Directorate, 901                    The MCAI can be found in the AD
                                                                                                          Locust, Room 301, Kansas City,                        docket on the Internet at: http://
                                                  Airworthiness Directives; B–N Group                     Missouri 64106; telephone: (816) 329–                 www.regulations.gov/#!document
                                                  Ltd. Airplanes                                          4159; fax: (816) 329–3047; email:                     Detail;D=FAA-2015-7777-0002.
                                                                                                          raymond.johnston@faa.gov.                             Comments
                                                  AGENCY:  Federal Aviation
                                                  Administration (FAA), Department of                     SUPPLEMENTARY INFORMATION:                              We gave the public the opportunity to
                                                  Transportation (DOT).                                   Discussion                                            participate in developing this AD. We
                                                  ACTION: Final rule.                                                                                           received no comments on the NPRM or
                                                                                                            We issued a notice of proposed                      on the determination of the cost to the
                                                  SUMMARY:   We are superseding an                        rulemaking (NPRM) to amend 14 CFR                     public.
                                                  airworthiness directive (AD) 2007–06–                   part 39 by adding an AD that would
                                                  06 for B–N Group Ltd. Models BN–2,                      apply to B–N Group Ltd. Models BN–2,                  Conclusion
                                                  BN–2A, BN–2A–2, BN–2A–3, BN–2A–6,                       BN–2A, BN–2A–2, BN–2A–3, BN–2A–6,                       We reviewed the relevant data and
                                                  BN–2A–8, BN–2A–9, BN–2A–20, BN–                         BN–2A–8, BN–2A–9, BN–2A–20, BN–                       determined that air safety and the
                                                  2A–21, BN–2A–26, BN–2A–27, BN–2B–                       2A–21, BN–2A–26, BN–2A–27, BN–2B–                     public interest require adopting the AD
                                                  20, BN–2B–21, BN–2B–26, BN–2B–27,                       20, BN–2B–21, BN–2B–26, BN–2B–27,                     as proposed except for minor editorial
                                                  BN2A MK. III, BN2A MK. III–2, BN2A                      BN2A MK. III, BN2A MK. III–2, BN2A                    changes. We have determined that these
                                                  MK. III–3 BN2A, BN2B, and BN2A                          MK. III–3 BN2A, BN2B, and BN2A                        minor changes:
                                                  MKIII (all models on TCDS A17EU and                     MKIII (all models on TCDS A17EU and                     • Are consistent with the intent that
                                                  A29EU) airplanes. This AD results from                  A29EU) airplanes. That NPRM was                       was proposed in the NPRM (80 FR
                                                  mandatory continuing airworthiness                      published in the Federal Register on                  80291, December 24, 2015) for
                                                  information (MCAI) issued by an                         December 24, 2015 (80 FR 80291), and                  correcting the unsafe condition; and
                                                  aviation authority of another country to                proposed to supersede AD 2007–06–06,                    • Do not add any additional burden
                                                  identify and correct an unsafe condition                Amendment 39–14987 (72 FR 12557;                      upon the public than was already
                                                  on an aviation product. The MCAI                        March 16, 2007).                                      proposed in the NPRM (80 FR 80291,
                                                  describes the unsafe condition as cracks                  The NPRM proposed to correct an                     December 24, 2015).
                                                  in the inner shell of certain pitot/static              unsafe condition for the specified                    Related Service Information Under 1
                                                  pressure heads. We are issuing this AD                  products and was based on mandatory                   CFR Part 51
                                                  to require actions to address the unsafe                continuing airworthiness information
                                                  condition on these products.                            (MCAI) originated by an aviation                        We reviewed Britten-Norman Service
                                                                                                          authority of another country. The MCAI                Bulletin Number SB 310, Issue 4, dated
                                                  DATES: This AD is effective April 19,
                                                                                                          states that:                                          September 25, 2015. The service
                                                  2016.
                                                                                                                                                                information describes procedures for
                                                    The Director of the Federal Register                     In 2005, occurrences were reported of
                                                                                                                                                                inspections, and if necessary,
                                                  approved the incorporation by reference                 finding cracks in the inner shell of certain
                                                                                                          pitot/static pressure heads, Part Number (P/          replacement of the pitot/static pressure
                                                  of a certain publication listed in the AD
                                                                                                          N) DU130–24.                                          head. This service information is
                                                  as of April 19, 2016.
                                                                                                             This condition, if not detected and                reasonably available because the
                                                  ADDRESSES: You may examine the AD                                                                             interested parties have access to it
                                                                                                          corrected, could lead to incorrect readings on
                                                  docket on the Internet at http://                       the pressure instrumentation, e.g. altimeters,        through their normal course of business
                                                  www.regulations.gov by searching for                    vertical speed indicators (rate-of-climb) and         or by the means identified in the
                                                  and locating Docket No. FAA–2015–                       airspeed indicators, possibly resulting in            ADDRESSES section of this final rule.
                                                  7777; or in person at the Docket                        reduced control of the aeroplane.
                                                  Management Facility, U.S. Department                       To address this potential unsafe condition,        Costs of Compliance
                                                  of Transportation, Docket Operations,                   B–N Group issued Service Bulletin (SB) 310              We estimate that this AD will affect
                                                  M–30, West Building Ground Floor,                       to provide inspection and test instructions.
                                                                                                                                                                93 products of U.S. registry. We also
                                                                                                          Consequently, CAA UK issued AD G–2005–
                                                  Room W12–140, 1200 New Jersey                                                                                 estimate that it would take about 1
                                                                                                          0034 (EASA approval 2005–6447) to require
                                                  Avenue SE., Washington, DC 20590.                       repetitive inspections and leak tests and,            work-hour per product to comply with
                                                    For service information identified in                 depending on findings, accomplishment of              the basic requirements of this proposed
                                                  this AD, contact Britten-Norman                         applicable corrective action(s).                      AD. The average labor rate is $85 per
                                                  Aircraft Limited, Commodore House,                         Subsequently, B–N Group published SB               work-hour.
                                                  Mountbatten Business Centre, Millbrook                  310 issue 2, prompting EASA to issue AD                 Based on these figures, we estimate
                                                  Road East, Southampton SO15 1HY,                        2006–0143 making reference to SB 310 at               the cost of this AD on U.S. operators to
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  United Kingdom; telephone: +44 20                       issue 2, while the publication of BNA SB 310          be $7,905, or $85 per product.
                                                  3371 4000; fax: +44 20 3371 4001;                       issue 3 prompted EASA AD 2006–0143R1,                   In addition, we estimate that any
                                                  email: info@bnaircraft.com; Internet:                   introducing BNA modification (mod) NB–M–              necessary follow-on actions would take
                                                                                                          1728 (new pitot/static pressure head not
                                                  http://www.britten-norman.com/                          affected by the AD requirements) as optional
                                                                                                                                                                about 2 work-hours and require parts
                                                  customer-support/. You may view this                    terminating action for the repetitive                 costing $10,000, for a cost of $10,170
                                                  referenced service information at the                   inspections and leak tests.                           per product. We have no way of
                                                  FAA, Small Airplane Directorate, 901                       Since that AD was issued, operators have           determining the number of products
                                                  Locust, Kansas City, Missouri 64106.                    reported a number of premature failures of            that may need these actions.


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                                                  13718              Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Rules and Regulations

                                                  Authority for This Rulemaking                           List of Subjects in 14 CFR Part 39                    Within 50 hours time-in-service (TIS) after
                                                                                                                                                                April 19, 2016 (the effective date of this AD)
                                                     Title 49 of the United States Code                     Air transportation, Aircraft, Aviation              and repetitively thereafter at intervals not to
                                                  specifies the FAA’s authority to issue                  safety, Incorporation by reference,                   exceed 50 hours TIS, inspect the pitot/static
                                                  rules on aviation safety. Subtitle I,                   Safety.                                               pressure head for cracks and/or separation
                                                  section 106, describes the authority of                                                                       and perform a leak test following the
                                                                                                          Adoption of the Amendment                             procedures in the action section of Britten-
                                                  the FAA Administrator. ‘‘Subtitle VII:
                                                  Aviation Programs,’’ describes in more                    Accordingly, under the authority                    Norman Service Bulletin SB 310, Issue 4,
                                                                                                          delegated to me by the Administrator,                 dated September 25, 2015.
                                                  detail the scope of the Agency’s                                                                                 (2) For airplanes equipped with pitot/static
                                                  authority.                                              the FAA amends 14 CFR part 39 as
                                                                                                          follows:                                              pressure head part number (P/N) DU130–24:
                                                     We are issuing this rulemaking under                                                                       If, during an inspection or test required in
                                                  the authority described in ‘‘Subtitle VII,              PART 39—AIRWORTHINESS                                 paragraph (f)(1) of this AD discrepancies are
                                                  Part A, Subpart III, Section 44701:                                                                           found, before further flight, replace the pitot/
                                                                                                          DIRECTIVES                                            static pressure head with an airworthy part.
                                                  General requirements.’’ Under that
                                                                                                                                                                   (3) For airplanes equipped with pitot/static
                                                  section, Congress charges the FAA with                  ■ 1. The authority citation for part 39               pressure head part number (P/N) DU130–24:
                                                  promoting safe flight of civil aircraft in              continues to read as follows:                         Corrections performed on airplanes as
                                                  air commerce by prescribing regulations                     Authority: 49 U.S.C. 106(g), 40113, 44701.        required in paragraph (f)(2) of this AD do not
                                                  for practices, methods, and procedures                                                                        constitute terminating action for the
                                                  the Administrator finds necessary for                   § 39.13   [Amended]                                   repetitive actions required in paragraph (f)(1)
                                                  safety in air commerce. This regulation                 ■ 2. The FAA amends § 39.13 by                        of this AD.
                                                  is within the scope of that authority                   removing Amendment 39–14987 (72 FR                       (4) For airplanes not equipped with a pitot/
                                                                                                          12557; March 16, 2007) and adding the                 static pressure head P/N DU130–24 on the
                                                  because it addresses an unsafe condition
                                                                                                                                                                effective date of this AD: After April 19, 2016
                                                  that is likely to exist or develop on                   following new AD:
                                                                                                                                                                (the effective date of this AD), do not install
                                                  products identified in this rulemaking                  2016–06–01 B–N Group Ltd.: Amendment                  a pitot/static pressure head P/N DU130–24.
                                                  action.                                                     39–18432; Docket No. FAA–2015–7777;
                                                                                                              Directorate Identifier 2015–CE–036–AD.            (g) Other FAA AD Provisions
                                                  Regulatory Findings                                                                                              The following provisions also apply to this
                                                                                                          (a) Effective Date
                                                    We determined that this AD will not                                                                         AD:
                                                                                                             This airworthiness directive (AD) becomes             (1) Alternative Methods of Compliance
                                                  have federalism implications under                      effective April 19, 2016.                             (AMOCs): The Manager, Standards Office,
                                                  Executive Order 13132. This AD will                                                                           FAA, has the authority to approve AMOCs
                                                  not have a substantial direct effect on                 (b) Affected ADs
                                                                                                                                                                for this AD, if requested using the procedures
                                                  the States, on the relationship between                   This AD supersedes AD 2007–06–06,                   found in 14 CFR 39.19. Send information to
                                                  the national government and the States,                 Amendment 39–14987 (72 FR 12557; March                ATTN: Raymond Johnston, Aerospace
                                                  or on the distribution of power and                     16, 2007).                                            Engineer, FAA, Small Airplane Directorate,
                                                  responsibilities among the various                      (c) Applicability                                     901 Locust, Room 301, Kansas City, Missouri
                                                  levels of government.                                                                                         64106; telephone: (816) 329–4159; fax: (816)
                                                                                                             This AD applies to B–N Group Ltd. Models           329–3047; email: raymond.johnston@faa.gov.
                                                    For the reasons discussed above, I                    BN–2, BN–2A, BN–2A–2, BN–2A–3, BN–2A–                 Before using any approved AMOC on any
                                                  certify this AD:                                        6, BN–2A–8, BN–2A–9, BN–2A–20, BN–2A–                 airplane to which the AMOC applies, notify
                                                    (1) Is not a ‘‘significant regulatory                 21, BN–2A–26, BN–2A–27, BN–2B–20, BN–                 your appropriate principal inspector (PI) in
                                                                                                          2B–21, BN–2B–26, BN–2B–27, BN2A MK. III,
                                                  action’’ under Executive Order 12866,                   BN2A MK. III–2, BN2A MK. III–3 BN2A,
                                                                                                                                                                the FAA Flight Standards District Office
                                                    (2) Is not a ‘‘significant rule’’ under                                                                     (FSDO), or lacking a PI, your local FSDO.
                                                                                                          BN2B, and BN2A MKIII, BN2A, BN2B, and
                                                  the DOT Regulatory Policies and                                                                                  (2) Airworthy Product: For any requirement
                                                                                                          BN2A MKIII (all models on TCDS A17EU
                                                                                                                                                                in this AD to obtain corrective actions from
                                                  Procedures (44 FR 11034, February 26,                   and A29EU) airplanes, all serial numbers,
                                                                                                                                                                a manufacturer or other source, use these
                                                  1979),                                                  certificated in any category.
                                                                                                                                                                actions if they are FAA-approved. Corrective
                                                    (3) Will not affect intrastate aviation               (d) Subject                                           actions are considered FAA-approved if they
                                                  in Alaska, and                                            Air Transport Association of America                are approved by the State of Design Authority
                                                    (4) Will not have a significant                       (ATA) Code 34: Navigation.                            (or their delegated agent). You are required
                                                  economic impact, positive or negative,                                                                        to assure the product is airworthy before it
                                                                                                          (e) Reason                                            is returned to service.
                                                  on a substantial number of small entities
                                                  under the criteria of the Regulatory                       This AD was prompted by mandatory                  (h) Related Information
                                                                                                          continuing airworthiness information (MCAI)
                                                  Flexibility Act.                                        issued by an aviation authority of another              Refer to MCAI European Aviation Safety
                                                                                                          country to identify and correct an unsafe             Agency (EASA) AD No.: 2015–0199, dated
                                                  Examining the AD Docket                                                                                       October 7, 2015, for related information. You
                                                                                                          condition on an aviation product. The MCAI
                                                    You may examine the AD docket on                      describes the unsafe condition as cracks in           may examine the MCAI on the Internet at
                                                  the Internet at http://                                 the inner shell of certain pitot/static pressure      http://www.regulations.gov by searching for
                                                                                                          heads. We are issuing this AD to correct              and locating Docket No. FAA–2015–7777.
                                                  www.regulations.gov by searching for                                                                          For service information related to this AD,
                                                  and locating Docket No. FAA–2015–                       cracks of the inner shell of certain pitot/static
                                                                                                          pressure heads for cracks; which could lead           contact Britten-Norman Aircraft Limited,
                                                  7777; or in person at the Docket                        to incorrect readings on the pressure                 Commodore House, Mountbatten Business
                                                  Management Facility between 9 a.m.                      instrumentation, e.g. altimeters, vertical            Centre, Millbrook Road East, Southampton
                                                  and 5 p.m., Monday through Friday,                      speed indicators (rate-of-climb) and airspeed         SO15 1HY, United Kingdom; telephone: +44
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  except Federal holidays. The AD docket                  indicators and possibly result in reduced             20 3371 4000; fax: +44 20 3371 4001; email:
                                                  contains the NPRM, the regulatory                       control of the airplane.                              info@bnaircraft.com; Internet: http://
                                                  evaluation, any comments received, and                                                                        www.britten-norman.com/customer-support/.
                                                                                                          (f) Actions and Compliance                            You may review copies of the referenced
                                                  other information. The street address for                                                                     service information at the FAA, Small
                                                                                                             Unless already done, do the following
                                                  the Docket Office (telephone (800) 647–                 actions in paragraphs (f)(1) through (f)(4) of        Airplane Directorate, 901 Locust, Kansas
                                                  5527) is in the ADDRESSES section.                      this AD:                                              City, Missouri 64106. For information on the
                                                  Comments will be available in the AD                       (1) For airplanes equipped with pitot/static       availability of this material at the FAA, call
                                                  docket shortly after receipt.                           pressure head part number (P/N) DU130–24:             (816) 329–4148.



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                                                                     Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Rules and Regulations                                             13719

                                                  (i) Material Incorporated by Reference                  Flying Clubs to allow the clubs to                    interested parties. Public comments
                                                     (1) The Director of the Federal Register             compensate instructors and mechanics                  were received and considered, and
                                                  approved the incorporation by reference                 who are club members for services                     changes to the existing policy were
                                                  (IBR) of the service information listed in this         rendered to the Club. This policy                     adopted.
                                                  paragraph under 5 U.S.C. 552(a) and 1 CFR               statement also amends the FAA’s
                                                  part 51.                                                                                                      I. Current Policy
                                                                                                          definition of flying clubs.
                                                     (2) You must use this service information
                                                  as applicable to do the actions required by             DATES: This action becomes effective                    FAA Order 5190.6B, FAA Airport
                                                  this AD, unless the AD specifies otherwise.             April 4, 2016.                                        Compliance Manual (Order), paragraph
                                                     (i) Britten-Norman Service Bulletin SB 310,          FOR FURTHER INFORMATION CONTACT:                      10(6)(a), published on September 30,
                                                  Issue 4, dated September 25, 2015.                      Miguel Vasconcelos, Airport                           2009, defines a flying club as: ‘‘a
                                                     (ii) Reserved.                                       Compliance Division, ACO–100, Federal                 nonprofit or not-for-profit entity (e.g.,
                                                     (3) For Britten-Norman Aircraft Limited              Aviation Administration, 800                          corporation, association, or partnership)
                                                  service information identified in this AD,              Independence Avenue SW.,                              organized for the express purpose of
                                                  contact Britten-Norman Aircraft Limited,
                                                                                                          Washington, DC 20591, telephone (202)                 providing its members with aircraft for
                                                  Commodore House, Mountbatten Business
                                                  Centre, Millbrook Road East, Southampton                267–3085; facsimile: (202) 267–4620.                  their personal use and enjoyment only.’’
                                                  SO15 1HY, United Kingdom; telephone: +44                SUPPLEMENTARY INFORMATION:                            The Order states that,
                                                  20 3371 4000; fax: +44 20 3371 4001; email:                                                                   the ownership of the club aircraft must be
                                                  info@bnaircraft.com; Internet: http://                  Introduction and Background
                                                                                                                                                                vested in the name of the flying club or
                                                  www.britten-norman.com/customer-support/.                  On April 3, 2015, the Aircraft Owners              owned by all its members. The property
                                                     (4) You may review copies of the                     and Pilots Association (AOPA) Senior                  rights of the members of the club shall be
                                                  referenced service information at the FAA,              Vice President for Government Affairs &               equal; no part of the net earnings of the club
                                                  Small Airplane Directorate, 901 Locust,                 Advocacy wrote to the FAA’s Director of               will inure to the benefit of any individual in
                                                  Kansas City, Missouri 64106. For information                                                                  any form, including salaries, bonuses, etc.
                                                  on the availability of this material at the
                                                                                                          the Office of Airport Compliance and
                                                                                                                                                                The flying club may not derive greater
                                                  FAA, call (816) 329–4148. In addition, you              Management Analysis proposing
                                                                                                                                                                revenue from the use of its aircraft than the
                                                  can access this service information on the              revisions to FAA’s current policy                     amount needed for the operation,
                                                  Internet at http://www.regulations.gov by               regarding compensation for flight                     maintenance, and replacement of its aircraft.
                                                  searching for and locating Docket No. FAA–              instructors and persons maintaining                   FAA Order 5190.6B at para. 10(6)(b).
                                                  2015–7777.                                              aircraft within the context of flying club
                                                     (5) You may view this service information            operations. AOPA stated in its letter that               The Order also notes that ‘‘flying
                                                  that is incorporated by reference at the                it sought ‘‘to help current flying clubs              clubs may not offer or conduct . . .
                                                  National Archives and Records                           and airport sponsors comply with the                  aircraft rental operations. They may
                                                  Administration (NARA). For information on                                                                     conduct aircraft flight instruction for
                                                  the availability of this material at NARA, call
                                                                                                          FAA guidance outlined in 5190.6B, and
                                                  202–741–6030, or go to: http://                         to provide future flying clubs the                    regular members only, and only
                                                  www.archives.gov/federal-register/cfr/ibr-              opportunity to strengthen and unify                   members of the flying club may operate
                                                  locations.html.                                         general aviation pilots.’’ AOPA said that             the aircraft.’’ FAA Order 5190.6B at
                                                                                                          its goal is ‘‘to provide guidance that is             para. 10.6(c)(1). The Order also states
                                                     Issued in Kansas City, Missouri, on March
                                                  7, 2016.                                                attainable and ensures educated                       that ‘‘no flying club shall permit its
                                                                                                          compliance from all airport users,’’ and              aircraft to be used for flight instruction
                                                  Pat Mullen,
                                                                                                          asked for ‘‘updated guidance regarding                for any person, including members of
                                                  Acting Manager, Small Airplane Directorate,                                                                   the club owning the aircraft, when such
                                                  Aircraft Certification Service.
                                                                                                          compensation for flight instructors and
                                                                                                          maintainers’’ because ‘‘flight instructors            person pays or becomes obligated to pay
                                                  [FR Doc. 2016–05509 Filed 3–14–16; 8:45 am]
                                                                                                          and aviation mechanics are valuable                   for such instruction. FAA Order
                                                  BILLING CODE 4910–13–P                                                                                        5190.6B at para. 10.6(c)(3). An
                                                                                                          assets to the aviation industry, and
                                                                                                          should be granted the privilege of fair               exception applies when the instruction
                                                                                                          compensation for their efforts on a local             is given by a lessee based on the airport
                                                  DEPARTMENT OF TRANSPORTATION
                                                                                                          level.’’                                              who provides flight training and the
                                                  Federal Aviation Administration                            AOPA proposes clubs be permitted to                person receiving the training is a
                                                                                                          compensate member flight instructors                  member of the flying club. Id. Flight
                                                  14 CFR Chapter I                                        and member mechanics for services                     instructors who are also club members
                                                                                                          rendered to the club or club members.                 may not receive payment for instruction
                                                  [Docket No. FAA–2015–2022]                              Such compensation, AOPA suggests,                     except that they may be compensated by
                                                                                                          should be monetary or in the form of                  credit against payment of dues or flight
                                                  Petition of the Aircraft Owner and                                                                            time’’ and that ‘‘any qualified mechanic
                                                                                                          credit against payment of dues or flight
                                                  Pilots Association (AOPA) To Amend                                                                            who is a registered member and part
                                                                                                          time.
                                                  FAA Policy Concerning Flying Club                          The FAA requested comments on                      owner of the aircraft owned and
                                                  Operations at Federally Obligated                       whether AOPA’s recommendations are                    operated by a flying club may perform
                                                  Airports                                                consistent with the FAA’s general                     maintenance work on aircraft owned by
                                                  AGENCY:  Federal Aviation                               policies regarding commercial                         the club. The flying club may not
                                                  Administration (FAA), DOT.                              aeronautical services and on-airport                  become obligated to pay for such
                                                  ACTION: Final policy.                                   flying clubs, and if so, whether the                  maintenance work except that such
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                                                                          stated agency policy on flying clubs                  mechanics may be compensated by
                                                  SUMMARY:   The policy statement clarifies               should be revised to amend its                        credit against payment of dues or flight
                                                  the FAA’s policy interpretation                         definition of flying clubs. In particular,            time.’’ Flying clubs are defined in such
                                                  regarding the operation of flying clubs at              the FAA sought comments from                          a way as to differentiate from for-profit
                                                  federally-obligated airports.                           commercial service providers that                     aeronautical businesses offering
                                                  Specifically, this policy statement                     engage in flight training and aircraft                aeronautical services to general public,
                                                  amends FAA Order 5190.6B, Airport                       rental, from associations representing                e.g., FBOs, flight schools and aircraft
                                                  Compliance Requirements, Section 10.6                   such service providers, and other                     rental providers.


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Document Created: 2016-03-15 04:07:32
Document Modified: 2016-03-15 04:07:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis AD is effective April 19, 2016.
ContactRaymond Johnston, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4159; fax: (816) 329-3047; email: [email protected]
FR Citation81 FR 13717 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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