81 FR 8143 - Airworthiness Directives; B-N Group Ltd. Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 81, Issue 32 (February 18, 2016)
Federal Aviation Administration
Federal Register Volume 81, Issue 32 (February 18, 2016)
| Page Range | 8143-8146 | |
| FR Document | 2016-03307 |
[Federal Register Volume 81, Number 32 (Thursday, February 18, 2016)] [Rules and Regulations] [Pages 8143-8146] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-03307] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-4803; Directorate Identifier 2015-CE-034-AD; Amendment 39-18399; AD 2016-04-05] 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) 2014-03-18 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, and BN2A MK. III- 3 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 damage of the cable sliding end assembly and installation of the incorrect end fitting on engine control cable assemblies. We are issuing this AD to require actions to address the unsafe condition on these products. DATES: This AD is effective March 24, 2016. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of March 24, 2016. The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of April 1, 2014 (79 FR 10340, February 25, 2014). ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015- 4803; 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 final rule, 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-2015-4803. 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, and [[Page 8144]] BN2A MK. III-3 airplanes. The NPRM was published in the Federal Register on October 29, 2015 (80 FR 66482), and proposed to supersede AD 2014-03-18, Amendment 39-17755 (79 FR 10340; February 25, 2014). 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: Britten-Norman Aircraft Limited was made aware of two occurrences where a failure of engine control cable assemblies has caused engine control difficulties. In both reported cases, the cable sliding end assemblies were in poor condition and in both cases, an incorrect end-fitting was installed, which may have contributed to the failures. This condition, if not detected and corrected, could result in reduced engine control, possibly resulting in reduced control of the aeroplane. To address this potential unsafe condition, Britten-Norman Aircraft issued Service Bulletin (SB) 334 to provide inspection instructions, and EASA issued AD 2013-0215 to require a one-time inspection and functional test of the engine control cables and, depending on findings, replacement of the cables. Subsequently, as it was found that BN2 ``Islander'' aeroplanes were mistakenly omitted from the AD applicability, EASA issued AD 2013-0263, retaining the requirements of EASA AD 2013-0215, which was superseded, and extending the applicability to BN2 aeroplanes. Since EASA AD 2013-0263 was issued, it was found that certain parts, specific to BN2A ``Trislander'' aeroplanes only, were inadvertently not included in SB 334 and, as a consequence, not required by AD 2013-0263 to be inspected. Prompted by these findings, Britten-Norman revised SB 334 (now at issue 2) to include the missing parts. For the reason described above, this AD retains the requirements of EASA AD 2013-0263, which is superseded, and adds inspection requirements for the additional parts. The MCAI can be found in the AD docket on the Internet at: http://www.regulations.gov/#!documentDetail;D=FAA-2015-4803-0001. 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 66482, October 29, 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 66482, October 29, 2015). Related Service Information Under 1 CFR Part 51 We reviewed Britten-Norman Aircraft Limited Service Bulletin No. SB 334, Issue 1, dated August 30, 2013; and Britten-Norman Aircraft Limited Service Bulletin No. SB 334, Issue 2, dated July 17, 2015. The service information describes procedures for inspection and replacement if necessary of the engine control cable assemblies. 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 96 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 $8,160 or $85 per product. In addition, we estimate that any necessary follow-on actions would take about 10 work-hours and require parts costing $6,000, for a cost of $6,850 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 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- 4803; 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 39-17755 (79 FR 10340; February 25, 2014) and adding the following new AD: [[Page 8145]] 2016-04-05 B-N Group Ltd.: Amendment 39-18399; Docket No. FAA-2015- 4803; Directorate Identifier 2015-CE-034-AD. (a) Effective Date This airworthiness directive (AD) becomes effective March 24, 2016. (b) Affected ADs This AD supersedes AD 2014-03-18, Amendment 39-17755 (79 FR 10340; February 25, 2014) (``AD 2014-03-18''). (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, and BN2A MK. III-3 airplanes, all serial numbers, certificated in any category. (d) Subject Air Transport Association of America (ATA) Code 76: Engine Controls. (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. The MCAI describes the unsafe condition as possible damage of the cable sliding end assembly and installation of the incorrect end fitting on engine control cable assemblies. We are issuing this proposed AD to detect and correct damage of the cable sliding end assembly (cracking, distortion, corrosion) and incorrect end fittings on the engine control assemblies, which could lead to reduced engine control with consequent loss of control, and to incorporate revised service information with updated information on applicability and on the identity of parts to be inspected on some airplanes. (f) Actions and Compliance Unless already done, do the actions in paragraphs (f)(1) through (f)(6) of this AD: (1) For all airplanes except the Trislander Models BN2A MK. III, BN2A MK. III-2, and BN2A MK. III-3: Within the next 6 months after April 1, 2014 (the effective date retained from AD 2014-03-18), do a one-time inspection of the engine control cable assemblies, part number (P/N) 137835, P/N 172449-1, P/N 172450, and P/N 172451, and surrounding areas for damage (cracking, distortion, corrosion); for the correct cable end-fitting; and to assure the wire locking is intact following Britten-Norman Aircraft Limited Service Bulletin No. SB 334, Issue 1, dated August 30, 2013; or Britten-Norman Aircraft Limited Service Bulletin No. SB 334, Issue 2, dated July 17, 2015. (2) For the Trislander Models BN2A MK. III, BN2A MK. III-2, and BN2A MK. III-3 airplanes: Within the next 3 months after March 24, 2016 (the effective date of this AD), do a one-time inspection of the engine control cable assemblies, P/N 80468 and P/N NB-45-2883, and surrounding areas for damage (cracking, distortion, corrosion); for the correct cable end-fitting; and to assure the wire locking is intact following Britten-Norman Aircraft Limited Service Bulletin No. SB 334, Issue 2, dated July 17, 2015. (3) For all airplanes except the Trislander Models BN2A MK. III, BN2A MK. III-2, and BN2A MK. III-3: If no discrepancies are found during the inspection required in paragraph (f)(1) of this AD, before further flight, inspect the control linkages for proper adjustment and make any necessary changes following Britten-Norman Aircraft Limited Service Bulletin No. SB 334, Issue 1, dated August 30, 2013; or Britten-Norman Aircraft Limited Service Bulletin No. SB 334, Issue 2, dated July 17, 2015. (4) For the Trislander Models BN2A MK. III, BN2A MK. III-2, and BN2A MK. III-3 airplanes: If no discrepancies are found during the inspection required in paragraph (f)(2) of this AD, before further flight, inspect the control linkages for proper adjustment and make any necessary changes following Britten-Norman Aircraft Limited Service Bulletin No. SB 334, Issue 2, dated July 17, 2015. (5) For all airplanes except the Trislander Models BN2A MK. III, BN2A MK. III-2, and BN2A MK. III-3: If any discrepancies are found during the inspection required in paragraph (f)(1) of this AD and/or the control linkages cannot be properly adjusted as specified in paragraph (f)(3) of this AD, before further flight, replace the engine control cable assembly with a serviceable unit following Britten-Norman Aircraft Limited Service Bulletin No. SB 334, Issue 1, dated August 30, 2013; or Britten-Norman Aircraft Limited Service Bulletin No. SB 334, Issue 2, dated July 17, 2015. (6) For the Trislander Models BN2A MK. III, BN2A MK. III-2, and BN2A MK. III-3 airplanes: If any discrepancies are found during the inspection required in paragraph (f)(2) of this AD and/or the control linkages cannot be properly adjusted as specified in paragraph (f)(4) of this AD, before further flight, replace the engine control cable assembly with a serviceable unit following Britten-Norman Aircraft Limited Service Bulletin No. SB 334, Issue 2, dated July 17, 2015. (7) For all airplanes except the Trislander Models BN2A MK. III, BN2A MK. III-2, and BN2A MK. III-3: After April 1, 2014 (the effective date retained from AD 2014-03-18), do not install on any airplane engine control cable assemblies, P/N 137835, P/N 172449-1, P/N 172450, and P/N 172451, unless they are new or have been inspected as required in paragraphs (f)(1) and (f)(3) of this AD and found free of any discrepancies and have proper adjustment. (8) For the Trislander Models BN2A MK. III, BN2A MK. III-2, and BN2A MK. III-3 airplanes: After March 24, 2016 (the effective date of this AD), do not install on any airplane engine control cable assemblies P/N 80468 and/or P/N NB-45-2883, unless they are new or have been inspected as required in paragraphs (f)(2) and (f)(4) of this AD and found free of any discrepancies and have proper adjustment. (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.: 2015-0184, dated September 1, 2015; for related information. The MCAI can be found in the AD docket on the Internet at: http://www.regulations.gov/#!documentDetail;D=FAA-2015-4803-0001. (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. (3) The following service information was approved for IBR on March 24, 2016 (the effective date of this AD). (i) Britten-Norman Aircraft Limited Service Bulletin No. SB 334, Issue 2, dated July 17, 2015. (ii) Reserved. (4) The following service information was approved for IBR on April 1, 2014 (79 FR 10340; February 25, 2014). (i) Britten-Norman Aircraft Limited Service Bulletin No. SB 334, Issue 1, dated August 30, 2013. (ii) Reserved. (5) For Britten-Norman 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/. (6) You may view this service information at 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-2015-4803. (7) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on [[Page 8146]] 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 February 10, 2016. Pat Mullen, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016-03307 Filed 2-17-16; 8:45 am] BILLING CODE 4910-13-P
![Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Rules and Regulations 8143
compliance time after the effective date of (n) Material Incorporated by Reference another country to identify and correct
this AD. (1) The Director of the Federal Register an unsafe condition on an aviation
(2) Where Boeing Alert Service Bulletin approved the incorporation by reference product. The MCAI describes the unsafe
747–53A2499, Revision 3, dated July 15, (IBR) of the service information listed in this condition as damage of the cable sliding
2014, specifies to contact Boeing for repair paragraph under 5 U.S.C. 552(a) and 1 CFR
instructions: Before further flight, repair end assembly and installation of the
part 51. incorrect end fitting on engine control
using a method approved in accordance with (2) You must use this service information
the procedures specified in paragraph (l) of cable assemblies. We are issuing this AD
as applicable to do the actions required by
this AD.
this AD, unless the AD specifies otherwise.
to require actions to address the unsafe
(k) Credit for Previous Actions (i) Boeing Alert Service Bulletin 747– condition on these products.
53A2499, Revision 3, dated July 15, 2014. DATES: This AD is effective March 24,
Actions done before the effective date of
this AD using the service information (ii) Reserved. 2016.
identified in paragraph (k)(1) or (k)(2) of this (3) For service information identified in The Director of the Federal Register
AD are acceptable for compliance with the this AD, contact Boeing Commercial approved the incorporation by reference
corresponding requirements of paragraphs (g) Airplanes, Attention: Data & Services of a certain publication listed in the AD
and (h) of this AD. Management, P.O. Box 3707, MC 2H–65, as of March 24, 2016.
(1) Boeing Alert Service Bulletin 747– Seattle, WA 98124–2207; telephone 206– The Director of the Federal Register
53A2499, Revision 1, dated October 30, 2008, 544–5000, extension 1; fax 206–766–5680; approved the incorporation by reference
which is not incorporated by reference in this Internet https://www.myboeingfleet.com.
of a certain other publication listed in
AD. (4) You may view this service information
at FAA, Transport Airplane Directorate, 1601 this AD as of April 1, 2014 (79 FR
(2) Boeing Alert Service Bulletin 747– 10340, February 25, 2014).
53A2499, Revision 2, dated August 12, 2010, Lind Avenue SW., Renton, WA. For
which was incorporated by reference in AD information on the availability of this ADDRESSES: You may examine the AD
2010–26–10, Amendment 39–16549 (75 FR material at the FAA, call 425–227–1221. docket on the Internet at http://
81427, December 28, 2010). (5) You may view this service information www.regulations.gov by searching for
that is incorporated by reference at the and locating Docket No. FAA–2015–
(l) Alternative Methods of Compliance National Archives and Records
(AMOCs) 4803; or in person at the Docket
Administration (NARA). For information on Management Facility, U.S. Department
(1) The Manager, Seattle Aircraft the availability of this material at NARA, call
202–741–6030, or go to: http://
of Transportation, Docket Operations,
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if www.archives.gov/federal-register/cfr/ibr- M–30, West Building Ground Floor,
requested using the procedures found in 14 locations.html. Room W12–140, 1200 New Jersey
CFR 39.19. In accordance with 14 CFR 39.19, Avenue SE., Washington, DC 20590.
Issued in Renton, Washington, on February For service information identified in
send your request to your principal inspector 7, 2016.
or local Flight Standards District Office, as this final rule, contact Britten-Norman
appropriate. If sending information directly Michael Kaszycki, Aircraft Limited, Commodore House,
to the manager of the ACO, send it to the Acting Manager, Transport Airplane Mountbatten Business Centre, Millbrook
attention of the person identified in Directorate, Aircraft Certification Service. Road East, Southampton SO15 1HY,
paragraph (m)(1) of this AD. Information may [FR Doc. 2016–03219 Filed 2–17–16; 8:45 am] United Kingdom; telephone: +44 20
be emailed to: 9-ANM-Seattle-ACO-AMOC-
Requests@faa.gov.
BILLING CODE 4910–13–P 3371 4000; fax: +44 20 3371 4001;
(2) Before using any approved AMOC, email: info@bnaircraft.com; Internet:
notify your appropriate principal inspector, http://www.britten-norman.com/
or lacking a principal inspector, the manager DEPARTMENT OF TRANSPORTATION customer-support/. You may view this
of the local flight standards district office/ referenced service information at the
certificate holding district office. Federal Aviation Administration
FAA, Small Airplane Directorate, 901
(3) An AMOC that provides an acceptable Locust, Kansas City, Missouri 64106.
level of safety may be used for any repair, 14 CFR Part 39
For information on the availability of
modification, or alteration required by this
AD if it is approved by the Boeing
[Docket No. FAA–2015–4803; Directorate this material at the FAA, call (816) 329–
Identifier 2015–CE–034–AD; Amendment 4148. It is also available on the Internet
Commercial Airplanes Organization
39–18399; AD 2016–04–05] at http://www.regulations.gov by
Designation Authorization (ODA) that has
been authorized by the Manager, Seattle RIN 2120–AA64 searching for Docket No. FAA–2015–
ACO, to make those findings. To be 4803.
approved, the repair method, modification Airworthiness Directives; B–N Group FOR FURTHER INFORMATION CONTACT:
deviation, or alteration deviation must meet Ltd. Airplanes
the certification basis of the airplane and the Raymond Johnston, Aerospace Engineer,
approval must specifically refer to this AD. AGENCY: Federal Aviation FAA, Small Airplane Directorate, 901
(4) AMOCs approved for AD 2010–26–10, Administration (FAA), Department of Locust, Room 301, Kansas City,
Amendment 39–16549 (75 FR 81427, Transportation (DOT). Missouri 64106; telephone: (816) 329–
December 28, 2010), are approved as AMOCs 4159; fax: (816) 329–3047; email:
for the corresponding provisions of ACTION: Final rule.
raymond.johnston@faa.gov.
paragraphs (g) and (h) this AD.
SUMMARY: We are superseding an SUPPLEMENTARY INFORMATION:
(m) Related Information airworthiness directive (AD) 2014–03–
(1) For more information about this AD, 18 for B–N Group Ltd. Models BN–2, Discussion
contact Nathan Weigand, Aerospace BN–2A, BN–2A–2, BN–2A–3, BN–2A–6, We issued a notice of proposed
Engineer, Airframe Branch, ANM–120S, BN–2A–8, BN–2A–9, BN–2A–20, BN– rulemaking (NPRM) to amend 14 CFR
FAA, Seattle Aircraft Certification Office, 2A–21, BN–2A–26, BN–2A–27, BN–2B– part 39 by adding an AD that would
wgreen on DSK2VPTVN1PROD with RULES
1601 Lind Avenue SW., Renton, WA 98057– 20, BN–2B–21, BN–2B–26, BN–2B–27, apply to B–N Group Ltd. Models BN–2,
3356; phone: 425–917–6428; fax: 425–917–
6590; email: nathan.p.weigand@faa.gov.
BN2A MK. III, BN2A MK. III–2, and BN–2A, BN–2A–2, BN–2A–3, BN–2A–6,
(2) Service information identified in this BN2A MK. III–3 airplanes. This AD BN–2A–8, BN–2A–9, BN–2A–20, BN–
AD that is not incorporated by reference is results from mandatory continuing 2A–21, BN–2A–26, BN–2A–27, BN–2B–
available at the addresses specified in airworthiness information (MCAI) 20, BN–2B–21, BN–2B–26, BN–2B–27,
paragraphs (n)(3) and (n)(4) of this AD. issued by an aviation authority of BN2A MK. III, BN2A MK. III–2, and
VerDate Sep<11>2014 14:29 Feb 17, 2016 Jkt 238001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1](https://thefederalregister.org/doc/81_FR_8175/page/1.svg)
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BN2A MK. III–3 airplanes. The NPRM changes. We have determined that these that is likely to exist or develop on
was published in the Federal Register minor changes: products identified in this rulemaking
on October 29, 2015 (80 FR 66482), and • Are consistent with the intent that action.
proposed to supersede AD 2014–03–18, was proposed in the NPRM (80 FR
Regulatory Findings
Amendment 39–17755 (79 FR 10340; 66482, October 29, 2015) for correcting
February 25, 2014). the unsafe condition; and We determined that this AD will not
The NPRM proposed to correct an • Do not add any additional burden have federalism implications under
unsafe condition for the specified upon the public than was already Executive Order 13132. This AD will
products and was based on mandatory proposed in the NPRM (80 FR 66482, not have a substantial direct effect on
continuing airworthiness information October 29, 2015). the States, on the relationship between
(MCAI) originated by an aviation the national government and the States,
Related Service Information Under 1 or on the distribution of power and
authority of another country. The MCAI CFR Part 51
states that: responsibilities among the various
We reviewed Britten-Norman Aircraft levels of government.
Britten-Norman Aircraft Limited was made
Limited Service Bulletin No. SB 334, For the reasons discussed above, I
aware of two occurrences where a failure of
engine control cable assemblies has caused Issue 1, dated August 30, 2013; and certify this AD:
engine control difficulties. In both reported Britten-Norman Aircraft Limited Service (1) Is not a ‘‘significant regulatory
cases, the cable sliding end assemblies were Bulletin No. SB 334, Issue 2, dated July action’’ under Executive Order 12866,
in poor condition and in both cases, an 17, 2015. The service information (2) Is not a ‘‘significant rule’’ under
incorrect end-fitting was installed, which describes procedures for inspection and the DOT Regulatory Policies and
may have contributed to the failures. replacement if necessary of the engine Procedures (44 FR 11034, February 26,
This condition, if not detected and control cable assemblies. This service 1979),
corrected, could result in reduced engine information is reasonably available (3) Will not affect intrastate aviation
control, possibly resulting in reduced control in Alaska, and
of the aeroplane.
because the interested parties have
access to it through their normal course (4) Will not have a significant
To address this potential unsafe condition, economic impact, positive or negative,
Britten-Norman Aircraft issued Service of business or by the means identified
in the ADDRESSES section of this final on a substantial number of small entities
Bulletin (SB) 334 to provide inspection
instructions, and EASA issued AD 2013– rule. under the criteria of the Regulatory
0215 to require a one-time inspection and Flexibility Act.
functional test of the engine control cables Costs of Compliance
Examining the AD Docket
and, depending on findings, replacement of We estimate that this AD will affect
the cables. 96 products of U.S. registry. We also You may examine the AD docket on
Subsequently, as it was found that BN2 estimate that it would take about 1 the Internet at http://
‘‘Islander’’ aeroplanes were mistakenly
work-hour per product to comply with www.regulations.gov by searching for
omitted from the AD applicability, EASA and locating Docket No. FAA–2015–
issued AD 2013–0263, retaining the the basic requirements of this proposed
AD. The average labor rate is $85 per 4803; or in person at the Docket
requirements of EASA AD 2013–0215, which Management Facility between 9 a.m.
was superseded, and extending the work-hour.
Based on these figures, we estimate and 5 p.m., Monday through Friday,
applicability to BN2 aeroplanes.
Since EASA AD 2013–0263 was issued, it the cost of this AD on U.S. operators to except Federal holidays. The AD docket
was found that certain parts, specific to be $8,160 or $85 per product. contains the NPRM, the regulatory
BN2A ‘‘Trislander’’ aeroplanes only, were In addition, we estimate that any evaluation, any comments received, and
inadvertently not included in SB 334 and, as necessary follow-on actions would take other information. The street address for
a consequence, not required by AD 2013– about 10 work-hours and require parts the Docket Office (telephone (800) 647–
0263 to be inspected. costing $6,000, for a cost of $6,850 per 5527) is in the ADDRESSES section.
Prompted by these findings, Britten- Comments will be available in the AD
Norman revised SB 334 (now at issue 2) to
product. We have no way of
determining the number of products docket shortly after receipt.
include the missing parts.
For the reason described above, this AD that may need these actions. List of Subjects in 14 CFR Part 39
retains the requirements of EASA AD 2013– Authority for This Rulemaking Air transportation, Aircraft, Aviation
0263, which is superseded, and adds
inspection requirements for the additional Title 49 of the United States Code safety, Incorporation by reference,
parts. specifies the FAA’s authority to issue Safety.
The MCAI can be found in the AD rules on aviation safety. Subtitle I, Adoption of the Amendment
docket on the Internet at: http:// section 106, describes the authority of
Accordingly, under the authority
www.regulations.gov/ the FAA Administrator. ‘‘Subtitle VII:
delegated to me by the Administrator,
#!documentDetail;D=FAA-2015-4803- Aviation Programs,’’ describes in more
the FAA amends 14 CFR part 39 as
0001. detail the scope of the Agency’s
follows:
authority.
Comments We are issuing this rulemaking under PART 39—AIRWORTHINESS
We gave the public the opportunity to the authority described in ‘‘Subtitle VII, DIRECTIVES
participate in developing this AD. We Part A, Subpart III, Section 44701:
received no comments on the NPRM or General requirements.’’ Under that ■ 1. The authority citation for part 39
on the determination of the cost to the section, Congress charges the FAA with continues to read as follows:
promoting safe flight of civil aircraft in
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public. Authority: 49 U.S.C. 106(g), 40113, 44701.
air commerce by prescribing regulations
Conclusion for practices, methods, and procedures § 39.13 [Amended]
We reviewed the relevant data and the Administrator finds necessary for ■ 2. The FAA amends § 39.13 by
determined that air safety and the safety in air commerce. This regulation removing Amendment 39–17755 (79 FR
public interest require adopting the AD is within the scope of that authority 10340; February 25, 2014) and adding
as proposed except for minor editorial because it addresses an unsafe condition the following new AD:
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![8146 Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Rules and Regulations
the availability of this material at NARA, call 144), among other amendments, III device may respond to the call for
202–741–6030, or go to: http:// established a comprehensive system for PMAs by filing a PMA or a notice of
www.archives.gov/federal-register/cfr/ibr- the regulation of medical devices completion of a PDP. In practice, the
locations.html. intended for human use. Section 513 of option of filing a notice of completion
Issued in Kansas City, Missouri, on the FD&C Act (21 U.S.C. 360c) of a PDP has rarely been used. For
February 10, 2016. established three categories (classes) of simplicity, although the PDP option
Pat Mullen, devices, reflecting the regulatory remains available to manufacturers in
Acting Manager, Small Airplane Directorate, controls needed to provide reasonable response to a final order under section
Aircraft Certification Service. assurance of their safety and 515(b) of the FD&C Act, this document
[FR Doc. 2016–03307 Filed 2–17–16; 8:45 am] effectiveness. The three categories of will refer only to the requirement for the
BILLING CODE 4910–13–P devices are class I (general controls), filing of, and obtaining approval of, a
class II (special controls), and class III PMA.
(premarket approval). On July 9, 2012, FDASIA was enacted.
DEPARTMENT OF HEALTH AND Under section 513(d) of the FD&C Act, Section 608(a) of FDASIA amended
HUMAN SERVICES devices that were in commercial section 513(e) of the FD&C Act,
distribution before the enactment of the changing the process for reclassifying a
Food and Drug Administration 1976 amendments, May 28, 1976 device from rulemaking to an
(generally referred to as preamendments administrative order. Section 608(b) of
21 CFR Part 888 devices), are classified after FDA has: (1) FDASIA amended section 515(b) of the
Received a recommendation from a FD&C Act, changing the process for
[Docket No. FDA–2011–N–0661] device classification panel (an FDA requiring premarket approval for a
advisory committee); (2) published the preamendments class III device from
Effective Date of Requirement for
panel’s recommendation for comment, rulemaking to an administrative order.
Premarket Approval for Total Metal-on- FDA is requiring PMAs for total
along with a proposed regulation
Metal Semi-Constrained Hip Joint metal-on-metal (MoM) semi-constrained
classifying the device; and (3) published
Systems a final regulation classifying the device. hip joint systems (heretofore referenced
AGENCY: Food and Drug Administration, FDA has classified most as ‘‘MoM hips’’), which include the
HHS. preamendments devices under these following two specific preamendments
ACTION: Final order. procedures. class III devices: Hip joint metal/metal
Devices that were not in commercial semi-constrained, with a cemented
SUMMARY: The Food and Drug distribution prior to May 28, 1976 acetabular component, prosthesis; and
Administration (FDA) is issuing a final (generally referred to as hip joint metal/metal semi-constrained,
order to require the filing of a premarket postamendments devices), are with an uncemented acetabular
approval application (PMA) or a notice automatically classified by section component, prosthesis.
of completion of a product development 513(f) of the FD&C Act into class III Section 515(b)(1) of the FD&C Act sets
protocol (PDP) for the hip joint metal/ without any FDA rulemaking process. forth the process for issuing a final
metal semi-constrained, with a Those devices remain in class III and order. Specifically, prior to the issuance
cemented acetabular component, require premarket approval unless, and of a final order requiring premarket
prosthesis; and hip joint metal/metal until, the device is reclassified into class approval for a preamendments class III
semi-constrained, with an uncemented I or II or FDA issues an order finding the device, the following must occur: (1)
acetabular component, prosthesis. device to be substantially equivalent, in Publication of a proposed order in the
accordance with section 513(i) of the Federal Register; (2) a meeting of a
DATES: This order is effective on
FD&C Act, to a predicate device that device classification panel described in
February 18, 2016. section 513(b) of the FD&C Act; and (3)
does not require premarket approval.
FOR FURTHER INFORMATION CONTACT: The Agency determines whether new consideration of comments from all
Sergio M. de del Castillo, Center for devices are substantially equivalent to affected stakeholders, including
Devices and Radiological Health, 10903 predicate devices by means of patients, payors, and providers. FDA
New Hampshire Ave., Bldg. 66, Rm. premarket notification procedures in published a proposed order to require
1538, Silver Spring, MD 20993, 301– section 510(k) of the FD&C Act (21 PMAs for MoM hips in the Federal
796–6419. U.S.C. 360(k)) and 21 CFR part 807. Register of January 18, 2013 (78 FR
SUPPLEMENTARY INFORMATION: A preamendments device that has 4094), and convened a meeting of a
been classified into class III and devices device classification panel for MoM
I. Background—Regulatory Authorities
found substantially equivalent by means hips as discussed in the proposed order
The Federal Food, Drug, and Cosmetic of premarket notification (510(k)) and in this document.
Act (the FD&C Act), as amended by the procedures to such a preamendments Section 515(b)(3) of the FD&C Act
Medical Device Amendments of 1976 device or to a device within that type provides that FDA shall, after the close
(the 1976 amendments) (Pub. L. 94– (both the preamendments and of the comment period on the proposed
295), the Safe Medical Devices Act of substantially equivalent devices are order, consideration of any comments
1990 (Pub. L. 101–629), the Food and referred to as preamendments class III received, and a meeting of a device
Drug Administration Modernization Act devices) may be marketed without classification panel described in section
of 1997 (Pub. L. 105–115), the Medical submission of a PMA until FDA issues 513(b) of the FD&C Act, issue a final
Device User Fee and Modernization Act a final order under section 515(b) of the order to require premarket approval or
of 2002 (Pub. L. 107–250), the Medical FD&C Act (21 U.S.C. 360e(b)) requiring publish a document terminating the
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Devices Technical Corrections Act (Pub. premarket approval. Section 515(b)(1) of proceeding together with the reasons for
L. 108–214), the Food and Drug the FD&C Act directs FDA to issue an such termination.
Administration Amendments Act of order requiring premarket approval for a A preamendments class III device
2007 (Pub. L. 110–85), and the Food and preamendments class III device. may be commercially distributed
Drug Administration Safety and Although, under the FD&C Act, the without a PMA until 90 days after FDA
Innovation Act (FDASIA) (Pub. L. 112– manufacturer of a preamendments class issues a final order (a final rule issued
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Document Created: 2016-02-18 07:46:50
Document Modified: 2016-02-18 07:46:50
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This AD is effective March 24, 2016. | |
| 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] | |
| FR Citation | 81 FR 8143 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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