Airworthiness Directives; Britten-Norman Aircraft, Ltd. Airplanes, 6452-6455 [2024-01985]
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Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Proposed Rules
Rolls-Royce Deutschland Ltd & Co KG:
Docket No. FAA–2024–0043; Project
Identifier MCAI–2023–00985–E.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by March 18,
2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Rolls-Royce
Deutschland Ltd & Co KG Model Trent 1000;
Rolls-Royce Deutschland Ltd & Co KG Trent
1000–A, Trent 1000–AE, Trent 1000–C, Trent
1000–CE, Trent 1000–D, Trent 1000–E, Trent
1000–G, and Trent 1000–H engines.
(d) Subject
Joint Aircraft System Component (JASC)
Code 7250, Turbine Section.
(e) Unsafe Condition
This AD was prompted by reports of
cracking and separation of certain lowpressure turbine (LPT) stage 1 blade
assemblies. The FAA is issuing this AD to
prevent failure of the LPT stage 1 blades. The
unsafe condition, if not addressed, could
result in high energy debris release, damage
to the airplane, and reduced control of the
airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
Except as specified in paragraphs (h) and
(i) of this AD: Perform all required actions
within the compliance times specified in,
and in accordance with, European Union
Aviation Safety Agency AD 2023–0165, dated
August 22, 2023 (EASA AD 2023–0165).
ddrumheller on DSK120RN23PROD with PROPOSALS1
(h) Exceptions to EASA AD 2023–0165
(1) Where EASA AD 2023–0165 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) This AD does not adopt the Remarks
paragraph of EASA AD 2023–0165.
(3) Where the service information
referenced in EASA AD 2023–0165 specifies
discarding the removed LP turbine stage 1
blade set, this AD requires removing the
affected part from service.
(4) Where the service information
referenced in EASA AD 2023–0165 specifies
to quarantine the removed LP turbine stage
1 rotor disk, this AD requires removing the
affected part from service.
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2023–0165 specifies
to submit certain information to the
manufacturer, this AD does not include that
requirement.
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 AIR–520 Continued
Operational Safety Branch, send it to the
attention of the person identified in
paragraph (k) of this AD and email to: ANEAD-AMOC@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.
(k) Additional Information
For more information about this AD,
contact Sungmo Cho, Aviation Safety
Engineer, FAA, 2200 South 216th Street, Des
Moines, WA 98198; phone: (781) 238–7241;
email: sungmo.d.cho@faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2023–0165, dated August 22,
2023.
(ii) [Reserved]
(3) For EASA AD 2023–0165, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; phone: +49 221 8999 000;
email: ADs@easa.europa.eu; website:
easa.europa.eu. You may find this EASA AD
on the EASA website at ad.easa.europa.eu.
(4) You may view this material at the FAA,
Airworthiness Products Section, Operational
Safety Branch, 1200 District Avenue,
Burlington, MA 01803. For information on
the availability of this material at the FAA,
call (817) 222–5110.
(5) You may view this material at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@nara.gov.
Issued on January 26, 2024.
Michael Linegang,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–01976 Filed 1–31–24; 8:45 am]
BILLING CODE 4910–13–P
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, AIR–520 Continued
Operational Safety Branch, FAA, has the
authority to approve AMOCs for this AD, if
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16:05 Jan 31, 2024
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–0044; Project
Identifier MCAI–2023–00629–A]
RIN 2120–AA64
Airworthiness Directives; BrittenNorman Aircraft, Ltd. Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for all
Britten-Norman Aircraft, Ltd. Model
BN–2, BN–2A, BN–2A–2, BN–2A–3,
BN–2A–6, BN–2A–8, BN–2A–9, BN–
2A–20, BN–2A–21, BN–2A–26, BN–2A–
27, BN–2B–20, BN–2B–21, BN–2B–26,
BN–2B27, BN–2T, BN2T–4R, and
BN2T–4S airplanes; and Model BN2A
MK. III, BN2A MK. III–2, and BN2A
MK. III–3 airplanes. This proposed AD
was prompted by reports of electrical
cable (Koiled Kord) and flight control
cables interference with the control
column. This proposed AD would
require inspecting for interference
between the control column, rudder
pedal adjuster cable, and any wiring
(including the Koiled Kord)
concurrently with performing a flight
control full and free movement
inspection, and taking corrective actions
if necessary. The FAA is proposing this
AD to address the unsafe condition on
these products.
DATES: The FAA must receive comments
on this NPRM by March 18, 2024.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
regulations.gov. Follow the instructions
for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2024–0044; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this NPRM, the mandatory
SUMMARY:
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Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Proposed Rules
continuing airworthiness information
(MCAI), any comments received, and
other information. The street address for
Docket Operations is listed above.
Material Incorporated by Reference:
• For service information identified
in this NPRM, contact Britten-Norman
Aircraft Ltd., Bembridge Airport,
Bembridge, Isle of Wight, PO35 5PR
United Kingdom; phone: +44 20 3371
4000; email: customer.support@brittennorman.com; website: brittennorman.com/approvals-technicalpublications.
• You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 901 Locust, Kansas City, MO
64106. For information on the
availability of this material at the FAA,
call (817) 222–5110.
FOR FURTHER INFORMATION CONTACT:
Penelope Trease, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone:
(303) 342–1094; email: penelope.trease@
faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2024–0044; Project Identifier
MCAI–2023–00629–A’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the proposal, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend this proposal
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to
regulations.gov, including any personal
information you provide. The agency
will also post a report summarizing each
substantive verbal contact received
about this NPRM.
ddrumheller on DSK120RN23PROD with PROPOSALS1
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
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16:05 Jan 31, 2024
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private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Penelope Trease,
Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590. Any commentary that the
FAA receives which is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
Background
The Civil Aviation Authority (CAA),
which is the airworthiness authority for
the United Kingdom (UK), has issued
CAA UK AD G–2022–0017, dated
September 20, 2022 (also referred to as
the MCAI), to correct an unsafe
condition on all Britten-Norman Aircraft
Ltd. Model BN2 series Islander
airplanes; and Model BN2A Mark III
Trislander airplanes. The MCAI states
that there have been occurrences of
flight control restriction in pitch during
the pilot’s full and free flight control
checks prior to take-off. Investigations
into these occurrences revealed
interference between the routing of the
Koiled Kord, flight control cables, and
control column, which could restrict the
full and free movement of the flight
controls. An incorrectly routed Koiled
Kord could snag the rudder pedal
adjustment cable, draw it towards the
control column tube where it could snag
the aileron control stop, and restrict
movement of the control column tube.
This increased load on the rudder pedal
adjustment cable could unlock the
adjustment mechanism, permitting the
rudder pedals to freely move forward
and aft. One of the investigations also
revealed that a correctly routed Koiled
Kord was entangled with an incorrectly
routed rudder pedal adjustment cable,
which resulted in snagging the aileron
control stop. In order to address this
condition, the MCAI requires an
inspection using Britten-Norman
Service Bulletin SB 398, Issue 2, dated
May 30, 2022 (Britten-Norman SB 398,
Issue 2), to ensure the Koiled Kord is
correctly routed behind the instrument
panel and that the rudder pedal
adjustment cable and Koiled Kord are
not interfering with each other.
The FAA is proposing this AD to
address this unsafe condition.
Interference between the Koiled Kord,
flight control cables, and the control
column, if not addressed, could result in
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6453
loss of control of the airplane during
flight.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2024–0044.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Britten-Norman
SB 398, Issue 2, which specifies
procedures for inspecting the cable
routing behind the instrument panel to
determine if the cables and wiring to the
instrument panel, wiring in the
surrounding area, the rudder pedal
adjuster cable, and the Koiled Kord are
routed securely and there is clearance to
allow full and free movement of the
flight controls, and if interference is
found, securely tying the cables so they
are clear of the control column for its
full range of motion. 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 ADDRESSES.
FAA’s Determination
These products have been approved
by the aviation authority of another
country and are approved for operation
in the United States. Pursuant to the
FAA’s bilateral agreement with this
State of Design Authority, it has notified
the FAA of the unsafe condition
described in the MCAI and service
information referenced above. The FAA
is issuing this NPRM after determining
that the unsafe condition described
previously is likely to exist or develop
on other products of the same type
design.
Proposed AD Requirements in This
NPRM
This proposed AD would require
accomplishing the actions specified in
the MCAI except as discussed under
‘‘Differences Between this Proposed AD
and the MCAI.’’
Differences Between This Proposed AD
the MCAI
The MCAI specifies that if any
interference is found during the
inspection for interference between the
control column, rudder pedal adjuster
cable, and any wiring (including the
Koiled Kord) while performing a flight
control full and free movement check,
complete the operator feedback form in
Appendix A of Britten-Norman SB 398,
Issue 2, and return it to Britten-Norman
Aircraft, Ltd. That action would not be
required by this proposed AD.
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Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Proposed Rules
Costs of Compliance
The FAA estimates the following
costs to comply with this proposed AD:
The FAA estimates that this AD, if
adopted as proposed, would affect 72
airplanes of U.S. registry.
ESTIMATED COSTS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
1 work-hour × $85 per hour = $85 .................
$0
$85
$6,120
Action
Inspect for interference and full and free
movement.
The FAA estimates the following
costs to do any necessary actions that
would be required based on the results
of the proposed inspection. The agency
has no way of determining the number
of airplanes that might need these
actions:
ON-CONDITION COSTS
Action
Labor cost
Parts cost
Correct Koiled Kord cable routing .................................
Up to 3 work-hours × $85 per hour = $255 ..................
$0
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: General requirements. Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
ddrumheller on DSK120RN23PROD with PROPOSALS1
The FAA determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would not
have a substantial direct effect on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Would not affect intrastate
aviation in Alaska, and
16:05 Jan 31, 2024
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
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 adding
the following new airworthiness
directive:
■
Regulatory Findings
VerDate Sep<11>2014
(3) Would not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Jkt 262001
Britten-Norman Aircraft, Ltd.: Docket No.
FAA–2024–0044; Project Identifier
MCAI–2023–00629–A.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by March 18,
2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Britten-Norman Aircraft
Ltd airplanes, all serial numbers, certificated
in any category, identified in paragraphs
(c)(1) and (2) of this AD.
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Cost per
product
Up to $255.
(1) Model BN–2, BN–2A, BN–2A–2, BN–
2A–3, BN–2A–6, BN–2A–8, BN–2A–9, BN–
2A–20, BN–2A–21, BN–2A–26, BN–2A–27,
BN–2B–20, BN–2B–21, BN–2B–26, BN–2B–
27, BN–2T, BN2T–4R, and BN2T–4S
airplanes.
(2) Model BN2A MK. III, BN2A MK. III–2,
and BN2A MK. III–3 airplanes.
(d) Subject
Joint Aircraft System Component (JASC)
Code 2797, Flight Control System Wiring.
(e) Unsafe Condition
This AD was prompted by reports of
electrical cable (Koiled Kord) and flight
control cables interference with the control
column. The FAA is issuing this AD to
address interference between the Koiled
Kord, flight control cables, and the control
column, which could restrict the full and free
movement of the flight controls. This unsafe
condition, if not addressed, could result in
loss of control of the airplane during flight.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Definition
For the purposes of this AD, a Koiled Kord
is the coiled electrical cable that carries the
wires from switches on the control yoke,
through the control column tube, to the rear
of the instrument panel. It exits the control
column tube behind the instrument panel
and continues to a terminal block.
(h) Required Actions
(1) Within 100 hours time-in-service (TIS)
after the effective date of this AD, inspect for
interference between the control column,
rudder pedal adjuster cable, and any other
wiring, including the Koiled Kord, in
accordance with Sections 6 and 7(1) of
Britten-Norman Service Bulletin SB 398,
Issue 2, dated May 30, 2022 (Britten-Norman
SB 398, Issue 2), while concurrently
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Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Proposed Rules
performing a control column full and free
movement inspection, in accordance with
Section 8 of Britten-Norman SB 398, Issue 2,
to inspect for free play, friction, binding,
non-linear forces, and any remaining
interference.
(2) If interference between the control
column, the rudder pedal adjuster cable, and
any other wiring, including the Koiled Kord,
or any free play, friction, binding, non-linear
forces, or any remaining interference was
found during the inspections required by
paragraph (h)(1) of this AD, before further
flight, securely tie any interfering electrical
cables clear of the control column for its full
range of motion and perform a final full and
free movement inspection in accordance with
Section 8 of Britten-Norman SB 398, Issue 2,
to inspect for free play, friction, binding,
non-linear forces, and any remaining
interference. If there is any free play, friction,
binding, non-linear forces, or any remaining
interference, before further flight resolve
these issues in accordance with a method
approved by the Manager, International
Validation Branch, FAA; or the Civil
Aviation Authority United Kingdom (CAA
UK); or Britten-Norman Aircraft Ltd.’s CAA
UK Design Organization Approval (DOA). If
approved by the DOA, the approval must
include the DOA-authorized signature.
(i) Alternative Methods of Compliance
(AMOCs)
The Manager, International Validation
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, mail it to the address identified in
paragraph (j)(2) of this AD or email to: 9AVS-AIR-730-AMOC@faa.gov. If mailing
information, also submit information by
email. Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local Flight Standards District Office/
certificate holding district office.
ddrumheller on DSK120RN23PROD with PROPOSALS1
(j) Additional Information
(1) Refer to CAA UK AD G–2022–0017,
dated September 20, 2022, for related
information. This CAA UK AD may be found
in the AD docket at regulations.gov under
Docket No. FAA–2024–0044.
(2) For more information about this AD,
contact Penelope Trease, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone: (303) 342–
1094; email: penelope.trease@faa.gov.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Britten-Norman Service Bulletin SB 398,
Issue 2, dated May 30, 2022.
(ii) [Reserved]
VerDate Sep<11>2014
16:05 Jan 31, 2024
Jkt 262001
(3) For service information identified in
this AD, contact Britten-Norman Aircraft
Ltd., Bembridge Airport, Bembridge, Isle of
Wight, PO35 5PR United Kingdom; phone:
+44 20 3371 4000; email: customer.support@
britten-norman.com; website: brittennorman.com/approvals-technicalpublications.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on
the availability of this material at the FAA,
call (817) 222–5110.
(5) You may view this material at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@nara.gov.
Issued on January 26, 2024.
Michael Linegang,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–01985 Filed 1–31–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 541
[Docket No. BOP–1171–P]
RIN 1120–AB71
Inmate Discipline Program:
Disciplinary Segregation and
Prohibited Act Code Changes
Bureau of Prisons, Justice.
Proposed rule.
AGENCY:
ACTION:
In this document, the Bureau
of Prisons (Bureau) proposes to amend,
clarify, and streamline inmate discipline
regulations to conform with current
practice; to adopt recommendations of
the January 2016 U.S. Department of
Justice Report and Recommendations
Concerning the Use of Restrictive
Housing to reduce the potential length
of the disciplinary segregation sanction;
and to amend and clarify the list of
prohibited act codes.
DATES: Electronic comments must be
submitted, and written comments must
be postmarked, no later than 11:59 p.m.
on April 1, 2024.
ADDRESSES: Please submit electronic
comments through the regulations.gov
website, or mail written comments to
the Legislative & Correctional Issues
Branch, Office of General Counsel,
Bureau of Prisons, 320 First Street NW,
Washington, DC 20534.
FOR FURTHER INFORMATION CONTACT:
Daniel J. Crooks III, Assistant General
Counsel/Rules Administrator, Federal
SUMMARY:
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6455
Bureau of Prisons, at the address above
or at (202) 353–4885.
Please
note that all comments received are
considered part of the public record and
made available for public inspection
online at www.regulations.gov. If you
want to submit personal identifying
information (such as your name,
address, etc.) as part of your comment,
but do not want it to be posted online,
you must include the phrase
‘‘PERSONAL IDENTIFYING
INFORMATION’’ in the first paragraph
of your comment. You must also locate
all the personal identifying information
you do not want posted online in the
first paragraph of your comment and
identify what information you want
redacted.
If you want to submit confidential
business information as part of your
comment but do not want it to be posted
online, you must include the phrase
‘‘CONFIDENTIAL BUSINESS
INFORMATION’’ in the first paragraph
of your comment. You must also
prominently identify confidential
business information to be redacted
within the comment. If a comment
contains so much confidential business
information that it cannot be effectively
redacted, all or part of that comment
may not be posted to
www.regulations.gov.
Personal identifying information
identified and located as set forth above
will be placed in the agency’s public
docket file, but not posted online.
Confidential business information
identified and located as set forth above
will not be placed in the public docket
file. If you wish to inspect the agency’s
public docket file in person by
appointment, please see the FOR
SUPPLEMENTARY INFORMATION:
FURTHER INFORMATION CONTACT
paragraph.
I. Background
In this document, the Bureau of
Prisons (Bureau) proposes to amend,
clarify, and streamline inmate discipline
regulations in 28 CFR part 541 to
conform with current practice; to adopt
recommendations of the U.S.
Department of Justice Report and
Recommendations Concerning the Use
of Restrictive Housing (January 2016) 1
(hereinafter ‘‘Report’’) to reduce the
potential length of the disciplinary
1 U.S. Department of Justice Report &
Recommendation Concerning the Use of Restrictive
Housing, U.S. Department of Justice, Office of
Justice Programs (January 2016), available at
https://www.ojp.gov/ncjrs/virtual-library/abstracts/
us-department-justice-report-andrecommendations-concerning-use.
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Agencies
[Federal Register Volume 89, Number 22 (Thursday, February 1, 2024)]
[Proposed Rules]
[Pages 6452-6455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01985]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0044; Project Identifier MCAI-2023-00629-A]
RIN 2120-AA64
Airworthiness Directives; Britten-Norman Aircraft, Ltd. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Britten-Norman Aircraft, Ltd. Model BN-2, BN-2A, BN-2A-2, BN-
2A-3, BN-2A-6, BN-2A-8, BN-2A-9, BN-2A-20, BN-2A-21, BN-2A-26, BN-2A-
27, BN-2B-20, BN-2B-21, BN-2B-26, BN-2B27, BN-2T, BN2T-4R, and BN2T-4S
airplanes; and Model BN2A MK. III, BN2A MK. III-2, and BN2A MK. III-3
airplanes. This proposed AD was prompted by reports of electrical cable
(Koiled Kord) and flight control cables interference with the control
column. This proposed AD would require inspecting for interference
between the control column, rudder pedal adjuster cable, and any wiring
(including the Koiled Kord) concurrently with performing a flight
control full and free movement inspection, and taking corrective
actions if necessary. The FAA is proposing this AD to address the
unsafe condition on these products.
DATES: The FAA must receive comments on this NPRM by March 18, 2024.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2024-0044; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory
[[Page 6453]]
continuing airworthiness information (MCAI), any comments received, and
other information. The street address for Docket Operations is listed
above.
Material Incorporated by Reference:
For service information identified in this NPRM, contact
Britten-Norman Aircraft Ltd., Bembridge Airport, Bembridge, Isle of
Wight, PO35 5PR United Kingdom; phone: +44 20 3371 4000; email:
norman.com">customer.support@britten-norman.com; website: britten-norman.com/approvals-technical-publications.
You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on the availability of this
material at the FAA, call (817) 222-5110.
FOR FURTHER INFORMATION CONTACT: Penelope Trease, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: (303) 342-1094; email: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2024-0044; Project Identifier
MCAI-2023-00629-A'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Penelope Trease, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590. Any commentary that the FAA receives
which is not specifically designated as CBI will be placed in the
public docket for this rulemaking.
Background
The Civil Aviation Authority (CAA), which is the airworthiness
authority for the United Kingdom (UK), has issued CAA UK AD G-2022-
0017, dated September 20, 2022 (also referred to as the MCAI), to
correct an unsafe condition on all Britten-Norman Aircraft Ltd. Model
BN2 series Islander airplanes; and Model BN2A Mark III Trislander
airplanes. The MCAI states that there have been occurrences of flight
control restriction in pitch during the pilot's full and free flight
control checks prior to take-off. Investigations into these occurrences
revealed interference between the routing of the Koiled Kord, flight
control cables, and control column, which could restrict the full and
free movement of the flight controls. An incorrectly routed Koiled Kord
could snag the rudder pedal adjustment cable, draw it towards the
control column tube where it could snag the aileron control stop, and
restrict movement of the control column tube. This increased load on
the rudder pedal adjustment cable could unlock the adjustment
mechanism, permitting the rudder pedals to freely move forward and aft.
One of the investigations also revealed that a correctly routed Koiled
Kord was entangled with an incorrectly routed rudder pedal adjustment
cable, which resulted in snagging the aileron control stop. In order to
address this condition, the MCAI requires an inspection using Britten-
Norman Service Bulletin SB 398, Issue 2, dated May 30, 2022 (Britten-
Norman SB 398, Issue 2), to ensure the Koiled Kord is correctly routed
behind the instrument panel and that the rudder pedal adjustment cable
and Koiled Kord are not interfering with each other.
The FAA is proposing this AD to address this unsafe condition.
Interference between the Koiled Kord, flight control cables, and the
control column, if not addressed, could result in loss of control of
the airplane during flight.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2024-0044.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Britten-Norman SB 398, Issue 2, which specifies
procedures for inspecting the cable routing behind the instrument panel
to determine if the cables and wiring to the instrument panel, wiring
in the surrounding area, the rudder pedal adjuster cable, and the
Koiled Kord are routed securely and there is clearance to allow full
and free movement of the flight controls, and if interference is found,
securely tying the cables so they are clear of the control column for
its full range of motion. 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
ADDRESSES.
FAA's Determination
These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI and service information referenced above. The FAA is issuing
this NPRM after determining that the unsafe condition described
previously is likely to exist or develop on other products of the same
type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in the MCAI except as discussed under ``Differences Between this
Proposed AD and the MCAI.''
Differences Between This Proposed AD the MCAI
The MCAI specifies that if any interference is found during the
inspection for interference between the control column, rudder pedal
adjuster cable, and any wiring (including the Koiled Kord) while
performing a flight control full and free movement check, complete the
operator feedback form in Appendix A of Britten-Norman SB 398, Issue 2,
and return it to Britten-Norman Aircraft, Ltd. That action would not be
required by this proposed AD.
[[Page 6454]]
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 72 airplanes of U.S. registry.
The FAA estimates the following costs to comply with this proposed
AD:
Estimated Costs
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Inspect for interference and full 1 work-hour x $85 per $0 $85 $6,120
and free movement. hour = $85.
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The FAA estimates the following costs to do any necessary actions
that would be required based on the results of the proposed inspection.
The agency has no way of determining the number of airplanes that might
need these actions:
On-Condition Costs
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Action Labor cost Parts cost Cost per product
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Correct Koiled Kord cable routing...... Up to 3 work-hours x $85 $0 Up to $255.
per hour = $255.
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Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
Britten-Norman Aircraft, Ltd.: Docket No. FAA-2024-0044; Project
Identifier MCAI-2023-00629-A.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by March 18, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Britten-Norman Aircraft Ltd airplanes, all
serial numbers, certificated in any category, identified in
paragraphs (c)(1) and (2) of this AD.
(1) Model BN-2, BN-2A, BN-2A-2, BN-2A-3, BN-2A-6, BN-2A-8, BN-
2A-9, BN-2A-20, BN-2A-21, BN-2A-26, BN-2A-27, BN-2B-20, BN-2B-21,
BN-2B-26, BN-2B-27, BN-2T, BN2T-4R, and BN2T-4S airplanes.
(2) Model BN2A MK. III, BN2A MK. III-2, and BN2A MK. III-3
airplanes.
(d) Subject
Joint Aircraft System Component (JASC) Code 2797, Flight Control
System Wiring.
(e) Unsafe Condition
This AD was prompted by reports of electrical cable (Koiled
Kord) and flight control cables interference with the control
column. The FAA is issuing this AD to address interference between
the Koiled Kord, flight control cables, and the control column,
which could restrict the full and free movement of the flight
controls. This unsafe condition, if not addressed, could result in
loss of control of the airplane during flight.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Definition
For the purposes of this AD, a Koiled Kord is the coiled
electrical cable that carries the wires from switches on the control
yoke, through the control column tube, to the rear of the instrument
panel. It exits the control column tube behind the instrument panel
and continues to a terminal block.
(h) Required Actions
(1) Within 100 hours time-in-service (TIS) after the effective
date of this AD, inspect for interference between the control
column, rudder pedal adjuster cable, and any other wiring, including
the Koiled Kord, in accordance with Sections 6 and 7(1) of Britten-
Norman Service Bulletin SB 398, Issue 2, dated May 30, 2022
(Britten-Norman SB 398, Issue 2), while concurrently
[[Page 6455]]
performing a control column full and free movement inspection, in
accordance with Section 8 of Britten-Norman SB 398, Issue 2, to
inspect for free play, friction, binding, non-linear forces, and any
remaining interference.
(2) If interference between the control column, the rudder pedal
adjuster cable, and any other wiring, including the Koiled Kord, or
any free play, friction, binding, non-linear forces, or any
remaining interference was found during the inspections required by
paragraph (h)(1) of this AD, before further flight, securely tie any
interfering electrical cables clear of the control column for its
full range of motion and perform a final full and free movement
inspection in accordance with Section 8 of Britten-Norman SB 398,
Issue 2, to inspect for free play, friction, binding, non-linear
forces, and any remaining interference. If there is any free play,
friction, binding, non-linear forces, or any remaining interference,
before further flight resolve these issues in accordance with a
method approved by the Manager, International Validation Branch,
FAA; or the Civil Aviation Authority United Kingdom (CAA UK); or
Britten-Norman Aircraft Ltd.'s CAA UK Design Organization Approval
(DOA). If approved by the DOA, the approval must include the DOA-
authorized signature.
(i) Alternative Methods of Compliance (AMOCs)
The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, mail
it to the address identified in paragraph (j)(2) of this AD or email
to: [email protected]. If mailing information, also submit
information by email. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local Flight Standards District Office/
certificate holding district office.
(j) Additional Information
(1) Refer to CAA UK AD G-2022-0017, dated September 20, 2022,
for related information. This CAA UK AD may be found in the AD
docket at regulations.gov under Docket No. FAA-2024-0044.
(2) For more information about this AD, contact Penelope Trease,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (303) 342-1094; email:
[email protected].
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Britten-Norman Service Bulletin SB 398, Issue 2, dated May
30, 2022.
(ii) [Reserved]
(3) For service information identified in this AD, contact
Britten-Norman Aircraft Ltd., Bembridge Airport, Bembridge, Isle of
Wight, PO35 5PR United Kingdom; phone: +44 20 3371 4000; email:
norman.com">customer.support@britten-norman.com; website: britten-norman.com/approvals-technical-publications.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901
Locust, Kansas City, MO 64106. For information on the availability
of this material at the FAA, call (817) 222-5110.
(5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
Issued on January 26, 2024.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-01985 Filed 1-31-24; 8:45 am]
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