Airworthiness Directives; B-N Group Ltd. Airplanes, 8143-8146 [2016-03307]

Download as PDF Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Rules and Regulations compliance time after the effective date of this AD. (2) Where Boeing Alert Service Bulletin 747–53A2499, Revision 3, dated July 15, 2014, specifies to contact Boeing for repair instructions: Before further flight, repair using a method approved in accordance with the procedures specified in paragraph (l) of this AD. (k) Credit for Previous Actions Actions done before the effective date of this AD using the service information identified in paragraph (k)(1) or (k)(2) of this AD are acceptable for compliance with the corresponding requirements of paragraphs (g) and (h) of this AD. (1) Boeing Alert Service Bulletin 747– 53A2499, Revision 1, dated October 30, 2008, which is not incorporated by reference in this AD. (2) Boeing Alert Service Bulletin 747– 53A2499, Revision 2, dated August 12, 2010, which was incorporated by reference in AD 2010–26–10, Amendment 39–16549 (75 FR 81427, December 28, 2010). wgreen on DSK2VPTVN1PROD with RULES (l) Alternative Methods of Compliance (AMOCs) (1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in paragraph (m)(1) of this AD. Information may be emailed to: 9-ANM-Seattle-ACO-AMOCRequests@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Seattle ACO, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane and the approval must specifically refer to this AD. (4) AMOCs approved for AD 2010–26–10, Amendment 39–16549 (75 FR 81427, December 28, 2010), are approved as AMOCs for the corresponding provisions of paragraphs (g) and (h) this AD. (m) Related Information (1) For more information about this AD, contact Nathan Weigand, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 98057– 3356; phone: 425–917–6428; fax: 425–917– 6590; email: nathan.p.weigand@faa.gov. (2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (n)(3) and (n)(4) of this AD. VerDate Sep<11>2014 14:29 Feb 17, 2016 Jkt 238001 (n) 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) Boeing Alert Service Bulletin 747– 53A2499, Revision 3, dated July 15, 2014. (ii) Reserved. (3) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, WA 98124–2207; telephone 206– 544–5000, extension 1; fax 206–766–5680; Internet https://www.myboeingfleet.com. (4) You may view this service information at FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. (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/ibrlocations.html. Issued in Renton, Washington, on February 7, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016–03219 Filed 2–17–16; 8:45 am] BILLING CODE 4910–13–P 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 Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: 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 SUMMARY: PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 8143 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: info@bnaircraft.com; 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: raymond.johnston@faa.gov. 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 E:\FR\FM\18FER1.SGM 18FER1 8144 Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Rules and Regulations 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, BrittenNorman 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. wgreen on DSK2VPTVN1PROD with RULES The MCAI can be found in the AD docket on the Internet at: http:// www.regulations.gov/ #!documentDetail;D=FAA-2015-48030001. 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 VerDate Sep<11>2014 14:29 Feb 17, 2016 Jkt 238001 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 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 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 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by removing Amendment 39–17755 (79 FR 10340; February 25, 2014) and adding the following new AD: ■ E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Rules and Regulations 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. wgreen on DSK2VPTVN1PROD with RULES (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- VerDate Sep<11>2014 14:29 Feb 17, 2016 Jkt 238001 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, PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 8145 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: raymond.johnston@faa.gov. 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: info@ bnaircraft.com; Internet: http://www.brittennorman.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 E:\FR\FM\18FER1.SGM 18FER1 8146 Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Rules and Regulations the availability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federal-register/cfr/ibrlocations.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 DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 888 [Docket No. FDA–2011–N–0661] Effective Date of Requirement for Premarket Approval for Total Metal-onMetal Semi-Constrained Hip Joint Systems AGENCY: Food and Drug Administration, HHS. ACTION: Final order. The Food and Drug Administration (FDA) is issuing a final order to require the filing of a premarket approval application (PMA) or a notice of completion of a product development protocol (PDP) for the hip joint metal/ metal semi-constrained, with a cemented acetabular component, prosthesis; and hip joint metal/metal semi-constrained, with an uncemented acetabular component, prosthesis. DATES: This order is effective on February 18, 2016. FOR FURTHER INFORMATION CONTACT: Sergio M. de del Castillo, Center for Devices and Radiological Health, 10903 New Hampshire Ave., Bldg. 66, Rm. 1538, Silver Spring, MD 20993, 301– 796–6419. SUPPLEMENTARY INFORMATION: SUMMARY: wgreen on DSK2VPTVN1PROD with RULES I. Background—Regulatory Authorities The Federal Food, Drug, and Cosmetic Act (the FD&C Act), as amended by the Medical Device Amendments of 1976 (the 1976 amendments) (Pub. L. 94– 295), the Safe Medical Devices Act of 1990 (Pub. L. 101–629), the Food and Drug Administration Modernization Act of 1997 (Pub. L. 105–115), the Medical Device User Fee and Modernization Act of 2002 (Pub. L. 107–250), the Medical Devices Technical Corrections Act (Pub. L. 108–214), the Food and Drug Administration Amendments Act of 2007 (Pub. L. 110–85), and the Food and Drug Administration Safety and Innovation Act (FDASIA) (Pub. L. 112– VerDate Sep<11>2014 14:29 Feb 17, 2016 Jkt 238001 144), among other amendments, established a comprehensive system for the regulation of medical devices intended for human use. Section 513 of the FD&C Act (21 U.S.C. 360c) established three categories (classes) of devices, reflecting the regulatory controls needed to provide reasonable assurance of their safety and effectiveness. The three categories of devices are class I (general controls), class II (special controls), and class III (premarket approval). Under section 513(d) of the FD&C Act, devices that were in commercial distribution before the enactment of the 1976 amendments, May 28, 1976 (generally referred to as preamendments devices), are classified after FDA has: (1) Received a recommendation from a device classification panel (an FDA advisory committee); (2) published the panel’s recommendation for comment, along with a proposed regulation classifying the device; and (3) published a final regulation classifying the device. FDA has classified most preamendments devices under these procedures. Devices that were not in commercial distribution prior to May 28, 1976 (generally referred to as postamendments devices), are automatically classified by section 513(f) of the FD&C Act into class III without any FDA rulemaking process. Those devices remain in class III and require premarket approval unless, and until, the device is reclassified into class I or II or FDA issues an order finding the device to be substantially equivalent, in accordance with section 513(i) of the FD&C Act, to a predicate device that does not require premarket approval. The Agency determines whether new devices are substantially equivalent to predicate devices by means of premarket notification procedures in section 510(k) of the FD&C Act (21 U.S.C. 360(k)) and 21 CFR part 807. A preamendments device that has been classified into class III and devices found substantially equivalent by means of premarket notification (510(k)) procedures to such a preamendments device or to a device within that type (both the preamendments and substantially equivalent devices are referred to as preamendments class III devices) may be marketed without submission of a PMA until FDA issues a final order under section 515(b) of the FD&C Act (21 U.S.C. 360e(b)) requiring premarket approval. Section 515(b)(1) of the FD&C Act directs FDA to issue an order requiring premarket approval for a preamendments class III device. Although, under the FD&C Act, the manufacturer of a preamendments class PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 III device may respond to the call for PMAs by filing a PMA or a notice of completion of a PDP. In practice, the option of filing a notice of completion of a PDP has rarely been used. For simplicity, although the PDP option remains available to manufacturers in response to a final order under section 515(b) of the FD&C Act, this document will refer only to the requirement for the filing of, and obtaining approval of, a PMA. On July 9, 2012, FDASIA was enacted. Section 608(a) of FDASIA amended section 513(e) of the FD&C Act, changing the process for reclassifying a device from rulemaking to an administrative order. Section 608(b) of FDASIA amended section 515(b) of the FD&C Act, changing the process for requiring premarket approval for a preamendments class III device from rulemaking to an administrative order. FDA is requiring PMAs for total metal-on-metal (MoM) semi-constrained hip joint systems (heretofore referenced as ‘‘MoM hips’’), which include the following two specific preamendments class III devices: Hip joint metal/metal semi-constrained, with a cemented acetabular component, prosthesis; and hip joint metal/metal semi-constrained, with an uncemented acetabular component, prosthesis. Section 515(b)(1) of the FD&C Act sets forth the process for issuing a final order. Specifically, prior to the issuance of a final order requiring premarket approval for a preamendments class III device, the following must occur: (1) Publication of a proposed order in the Federal Register; (2) a meeting of a device classification panel described in section 513(b) of the FD&C Act; and (3) consideration of comments from all affected stakeholders, including patients, payors, and providers. FDA published a proposed order to require PMAs for MoM hips in the Federal Register of January 18, 2013 (78 FR 4094), and convened a meeting of a device classification panel for MoM hips as discussed in the proposed order and in this document. Section 515(b)(3) of the FD&C Act provides that FDA shall, after the close of the comment period on the proposed order, consideration of any comments received, and a meeting of a device classification panel described in section 513(b) of the FD&C Act, issue a final order to require premarket approval or publish a document terminating the proceeding together with the reasons for such termination. A preamendments class III device may be commercially distributed without a PMA until 90 days after FDA issues a final order (a final rule issued E:\FR\FM\18FER1.SGM 18FER1

Agencies

[Federal Register Volume 81, Number 32 (Thursday, February 18, 2016)]
[Rules and Regulations]
[Pages 8143-8146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03307]


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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.

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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: 
info@bnaircraft.com; 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: 
raymond.johnston@faa.gov.

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: raymond.johnston@faa.gov. 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: info@bnaircraft.com; 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