Airworthiness Directives; Short Brothers Model SD3 Airplanes, 72406-72409 [05-23600]
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Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Proposed Rules
aircraft records for law enforcement
personnel address Congress’ concern
with the practice of allowing temporary
operating authority prior to issuance of
a certificate of aircraft registration.
Section 44713(d)
Maintenance
Inspection and
(A) The Lack of a Special Identification
Feature To Allow the Forms To Be
Distinguished Easily From Other Major
Repair and Alteration Forms
The FAA issued an Action Notice
(FAA Notice A8600.1) requiring each
FAA Flight Standards District Office to
review any Major Repair and Alteration
Form (form no. 337) received and to
send any form 337 involving a fuel tank
system alteration or modification to a
special section in the Registry by first
class mail within 24 hours of receipt.
This section has its own post office box
number. This procedure highlights
forms related to major repairs or
alterations to fuel tanks and fuel
systems from all other form 337s sent to
the FAA.
(B) The Excessive Period of Time
Required To Receive the Forms at the
Airmen and Aircraft Registry of the
Administration
As discussed above, FAA Notice
A8600.1 requires each FAA Flight
Standards District Office to review any
Major Repair and Alteration Form (form
no. 337) received and to send any form
that involved a fuel tank system
alteration or modification to a special
section in the Registry by first class mail
within 24 hours of receipt.
(C) The Backlog of Forms Waiting for
Processing at the Registry
The Registry has eliminated the
backlog for processing forms for major
repairs or alterations to fuel tanks and
fuel systems. All completed forms have
been associated with the appropriate
aircraft record.
(D) The Lack of Ready Access by Law
Enforcement Officials to Information
Contained on the Forms
The Registry enters these forms in the
FAA aircraft database immediately upon
receipt. The information is accessible to
law enforcement through that database.
In addition, once the form is associated
with the appropriate aircraft record, the
actual Major Repair and Alteration Form
(form no. 337) is available electronically
within minutes through the FAA’s Law
Enforcement Assistance Program.
Conclusion
Based on the actions described above
that we have taken to address the
deficiencies and abuses identified in the
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Jkt 208001
FAA Drug Enforcement Assistance Act,
the FAA has determined that, with
certain exceptions, we have satisfied the
statutory requirements. The exceptions
will be addressed by the NPRM we plan
to publish in the Federal Register in the
near future. Therefore, the FAA
withdraws Notice No. 90–9, published
at 55 FR 9270 on March 12, 1990.
Withdrawal of the NPRM does not
preclude the FAA from issuing another
notice on the subject matter in the
future or committing the agency to any
future course of action.
Issued in Washington, DC, on November
25, 2005.
John M. Allen,
Deputy Director, Flight Standards Service.
[FR Doc. E5–6791 Filed 12–2–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–23173; Directorate
Identifier 2005–NM–190–AD]
RIN 2120–AA64
Airworthiness Directives; Short
Brothers Model SD3 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: The FAA proposes to adopt a
new airworthiness directive (AD) for all
Short Brothers Model SD3 airplanes.
This proposed AD would require
installing additional fuel tank bonding
jumpers, performing an in-place
resistance check of the float switches,
inspecting certain internal components
of the fuel tanks, and performing related
corrective actions if necessary. This
proposed AD would also require
revisions to the airworthiness
limitations section of the Instructions
for Continued Airworthiness, and to the
airplane flight manual procedures for
operation during icing conditions and
fuel system failures. This proposed AD
results from fuel system reviews
conducted by the manufacturer. We are
proposing this AD to prevent ignition
sources inside the fuel tanks, which
could lead to fire or explosion.
DATES: We must receive comments on
this proposed AD by January 4, 2006.
ADDRESSES: Use one of the following
addresses to submit comments on this
proposed AD.
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• DOT Docket Web site: Go to
https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Government-wide rulemaking Web
site: Go to https://www.regulations.gov
and follow the instructions for sending
your comments electronically.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
room PL–401, Washington, DC 20590.
• Fax: (202) 493–2251.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Contact Short Brothers, Airworthiness
& Engineering Quality, P.O. Box 241,
Airport Road, Belfast BT3 9DZ,
Northern Ireland, for service
information identified in this proposed
AD.
FOR FURTHER INFORMATION CONTACT: Dan
Rodina, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98055–4056; telephone (425) 227–2125;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant
written data, views, or arguments
regarding this proposed AD. Send your
comments to an address listed in the
ADDRESSES section. Include the docket
number ‘‘FAA–2005–23173; Directorate
Identifier 2005–NM–190–AD’’ at the
beginning of your comments. We
specifically invite comments on the
overall regulatory, economic,
environmental, and energy aspects of
the proposed AD. We will consider all
comments received by the closing date
and may amend the proposed AD in
light of those comments.
We will post all comments we
receive, without change, to https://
dms.dot.gov, including any personal
information you provide. We will also
post a report summarizing each
substantive verbal contact with FAA
personnel concerning this proposed AD.
Using the search function of that Web
site, anyone can find and read the
comments in any of our dockets,
including the name of the individual
who sent the comment (or signed the
comment on behalf of an association,
business, labor union, etc.). You may
review the DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78), or you may visit https://
dms.dot.gov.
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Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Proposed Rules
Examining the Docket
You may examine the AD docket on
the Internet at https://dms.dot.gov, or in
person at the Docket Management
Facility office between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The Docket
Management Facility office (telephone
(800) 647–5227) is located on the plaza
level of the Nassif Building at the DOT
street address stated in the ADDRESSES
section. Comments will be available in
the AD docket shortly after the Docket
Management System receives them.
Discussion
The FAA has examined the
underlying safety issues involved in
recent fuel tank explosions on several
large transport airplanes, including the
adequacy of existing regulations, the
service history of airplanes subject to
those regulations, and existing
maintenance practices for fuel tank
systems. As a result of those findings,
we issued a regulation titled ‘‘Transport
Airplane Fuel Tank System Design
Review, Flammability Reduction and
Maintenance and Inspection
Requirements’’ (67 FR 23086, May 7,
2001). In addition to new airworthiness
standards for transport airplanes and
new maintenance requirements, this
rule included Special Federal Aviation
Regulation No. 88 (‘‘SFAR 88,’’
Amendment 21–78, and subsequent
Amendments 21–82 and 21–83).
Among other actions, SFAR 88
requires certain type design (i.e., type
certificate (TC) and supplemental type
certificate (STC)) holders to substantiate
that their fuel tank systems can prevent
ignition sources in the fuel tanks. This
requirement applies to type design
holders for large turbine-powered
transport airplanes and for subsequent
modifications to those airplanes. It
requires them to perform design reviews
and to develop design changes and
maintenance procedures if their designs
do not meet the new fuel tank safety
standards. As explained in the preamble
to the rule, we intended to adopt
airworthiness directives to mandate any
changes found necessary to address
unsafe conditions identified as a result
of these reviews.
In evaluating these design reviews, we
have established four criteria intended
to define the unsafe conditions
associated with fuel tank systems that
require corrective actions. The
percentage of operating time during
which fuel tanks are exposed to
flammable conditions is one of these
criteria. The other three criteria address
the failure types under evaluation:
single failures, single failures in
combination with another latent
condition(s), and in-service failure
experience. For all four criteria, the
evaluations included consideration of
previous actions taken that may mitigate
the need for further action.
The Joint Aviation Authorities (JAA)
has issued a regulation that is similar to
SFAR 88. (The JAA is an associated
body of the European Civil Aviation
Conference (ECAC) representing the
civil aviation regulatory authorities of a
number of European States who have
agreed to co-operate in developing and
implementing common safety regulatory
standards and procedures.) Under this
regulation, the JAA stated that all
members of the ECAC that hold type
certificates for transport category
airplanes are required to conduct a
design review against explosion risks.
We have determined that the actions
identified in this AD are necessary to
reduce the potential of ignition sources
inside fuel tanks, which, in combination
with flammable fuel vapors, could result
in fuel tank explosions and consequent
loss of the airplane.
The Civil Aviation Authority (CAA),
which is the airworthiness authority for
the United Kingdom, notified us that an
unsafe condition may exist on all Short
Brothers Model SD3 airplanes. The CAA
advises that ignition sources may
develop inside fuel tanks due to
insufficient grounding. This condition,
if not corrected, could result in ignition
sources occurring inside the fuel tanks,
which could lead to fire or explosion.
Relevant Service Information
Short Brothers has issued Service
Bulletins SD3 SHERPA–28–2, SD360
SHERPA–28–3, SD330–28–37, and
SD360–28–23; all dated June 2004. The
service bulletins describe procedures for
installing additional bonding jumpers
between the vent pipes of both fuel
tanks and the airplane structure; for
performing an in-place resistance check
of the fuel tank float switches; for
inspecting the condition of certain
sensor cables and cable supports inside
the fuel tanks; for inspecting the
integrity of the existing bonding of
certain vent pipes inside the forward
fuel tank; and for performing applicable
corrective actions. Corrective actions
include replacing defective float
switches with new, reconditioned, or
serviceable float switches, and repairing
damaged sensor cables, cable supports,
and existing vent pipe bonding.
Short Brothers has issued Advance
Amendment Bulletin 1/2004, dated July
13, 2004, applicable to Shorts airplane
flight manuals having Doc. Nos. SB.4.3,
SB.4.6, SB.4.8, SB.5.2, SB.6.2, SBH.3.2,
SBH.3.3, SBH.3.6, SBH.3.7, SBH.3.8,
and SBH.3.9. The advance amendment
bulletin describes revisions needed to
meet the requirements of FAA SFAR 88
and/or CAA Airworthiness Notice
AN55; the revisions affect sections of
the flight manuals applicable to
operation during icing conditions and
fuel system failures.
Short Brothers has issued temporary
revisions (TR) to the airworthiness
limitations section of the aircraft
maintenance manuals (AMM) of the
affected airplanes, as shown in the
following table. The TRs address
airworthiness limitations to certain
components of the fuel tank system
installations.
AMM TEMPORARY REVISIONS
Airplane model
Temporary revision
Dated
SD3–30 ...........................................................
SD3–60 ...........................................................
SD3–60 SHERPA ...........................................
SD3–SHERPA ................................................
TR330–AMM–14 ............................................
TR360–AMM–33 ............................................
TRSD360S–AMM–14 .....................................
TRSD3S–AMM–15 .........................................
June 21, 2004 .......
July 27, 2004 ........
July 29, 2004 ........
July 28, 2004 ........
Accomplishing the actions specified
in the service information is intended to
adequately address the unsafe
condition. The CAA mandated the
service information and issued British
airworthiness directive G–2004–0021,
dated August 25, 2004, to ensure the
continued airworthiness of these
airplanes in the United Kingdom.
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To AMM
SD3–30 AMM.
SD3–60 AMM.
SD3–60 SHERPA AMM.
SD3–SHERPA AMM.
FAA’s Determination and Requirements
of the Proposed AD
This airplane model is manufactured
in the United Kingdom and are type
certificated for operation in the United
States under the provisions of section
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Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Proposed Rules
21.29 of the Federal Aviation
Regulations (14 CFR 21.29) and the
applicable bilateral airworthiness
agreement. Pursuant to this bilateral
airworthiness agreement, the FCAA has
kept the FAA informed of the situation
described above. We have examined the
CAA’s findings, evaluated all pertinent
information, and determined that we
need to issue an AD for airplanes of this
type design that are certificated for
operation in the United States.
Therefore, we are proposing this AD,
which would require accomplishing the
actions specified in the service
information described previously,
except as discussed under ‘‘Difference
Between the Proposed AD and Service
Information.’’
Difference Between Proposed AD and
Service Information
The service bulletins specify to
contact the manufacturer for
instructions on how to repair certain
conditions, but this proposed AD would
require repairing those conditions using
a method that we or the CAA (or its
delegated agent) approve. In light of the
type of repair that would be required to
address the unsafe condition, and
consistent with existing bilateral
airworthiness agreements, we have
determined that, for this proposed AD,
a repair we or the CAA approve would
be acceptable for compliance with this
proposed AD.
Clarification of Inspection Terminology
In this proposed AD, the ‘‘visual
inspection’’ specified in the Shorts
service bulletins is referred to as a
‘‘general visual inspection.’’ We have
included the definition for a general
visual inspection in a note in the
proposed AD.
Costs of Compliance
This proposed AD would affect about
54 airplanes of U.S. registry. The
average labor rate is estimated to be $65
per work hour.
The proposed revisions to the AFM
and AMM would take about 1 work
hour per airplane. Based on these
figures, the estimated cost of the
proposed revisions for U.S. operators is
$3,510, or $65 per airplane.
The proposed resistance check,
inspections, and jumper installations,
would take about 40 work hours per
airplane. Required parts would cost
about $10 per airplane. Based on these
figures, the estimated cost of these
proposed actions for U.S. operators is
$140,940, or $2,610 per airplane.
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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.
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 have 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 that the proposed regulation:
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); and
3. 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.
We prepared a regulatory evaluation
of the estimated costs to comply with
this proposed AD and placed it in the
AD docket. See the ADDRESSES section
for a location to examine the regulatory
evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, 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:
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Frm 00006
Fmt 4702
Sfmt 4702
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
Short Brothers PLC: FAA–2005–23173;
Directorate Identifier 2005–NM–190–AD.
Comments Due Date
(a) The FAA must receive comments on
this AD action by January 4, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Shorts Model
SD3–60 SHERPA, SD3–SHERPA, SD3–30,
and SD3–60 airplanes, certificated in any
category.
Note 1: This AD requires revisions to
certain operator maintenance documents to
include new inspections. Compliance with
these inspections is required by 14 CFR
91.403(c). For airplanes that have been
previously modified, altered, or repaired in
the areas addressed by these inspections, the
operator may not be able to accomplish the
inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c),
the operator must request approval for an
alternative method of compliance according
to paragraph (i) of this AD. The request
should include a description of changes to
the required inspections that will ensure the
continued damage tolerance of the affected
structure. The FAA has provided guidance
for this determination in Advisory Circular
(AC) 25–1529.
Unsafe Condition
(d) This AD results from fuel system
reviews conducted by the manufacturer. We
are issuing this AD to prevent ignition
sources inside the fuel tanks, which could
lead to fire or explosion.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Revision of Airplane Flight Manual (AFM)
(f) Within 30 days after the effective date
of this AD, revise the Limitations and Normal
Procedures sections of the AFMs as specified
in Table 1 of this AD to include the
information in Shorts Advance Amendment
Bulletin 1/2004, ‘‘Introduction of Changes to
Meet the Requirements of FAA SFAR 88 and/
or UK CAA Airworthiness Notice AN55,’’
dated July 13, 2004, as specified in the
advance amendment bulletin. This advance
amendment bulletin addresses operation
during icing conditions and fuel system
failures. Operate the airplane according to
the limitations and procedures in the
advance amendment bulletin.
Note 2: The requirements of paragraph (f)
of this AD may be done by inserting a copy
of the advance amendment bulletin into the
AFM. When this advance amendment
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Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Proposed Rules
bulletin has been included in general
revisions of the AFM, the general revisions
may be inserted into the AFM and the
advance amendment bulletin may be
removed, provided the relevant information
in the general revision is identical to that in
the advance amendment bulletin.
TABLE 1.—AFM REVISIONS
TABLE 1.—AFM REVISIONS—
Continued
AFM documents to be
revised
Airplane model
SD3–60 SHERPA.
SD3–SHERPA ...
SB.5.2.
SB.6.2.
Airplane model
AFM documents to be
revised
Revision of Airworthiness Limitation (AWL)
Section
SD3–30 ..............
SBH.3.2, SBH.3.3,
SBH.3.6, SBH.3.7,
SBH.3.8, and SBH.3.9.
SB.4.3, SB.4.6, and
SB.4.8.
(g) Within 180 days after the effective date
of this AD: Revise the AWL section of the
Instructions for Continued Airworthiness by
incorporating airplane maintenance manual
sections 5–20–01 and 5–20–02 as introduced
SD3–60 ..............
by the Shorts temporary revisions (TR)
specified in Table 1 of this AD into the AWL
section of the AMMs for the airplane models
specified in Table 1. Thereafter, except as
provided by paragraph (i) of this AD, no
alternative structural inspection intervals
may be approved for the longitudinal skin
joints in the fuselage pressure shell.
Note 3: The requirements of paragraph (g)
of this AD may be done by inserting a copy
of the applicable TR into the applicable
AMM. When the TR has been included in
general revisions of the AMM, the general
revisions may be inserted in the AMM and
the TR may be removed, provided the
relevant information in the general revision
is identical to that in the TR.
TABLE 2.—AMM TEMPORARY REVISIONS
Airplane model
Temporary revision
Dated
SD3–30 ..........................................................
SD3–60 ..........................................................
SD3–60 SHERPA ..........................................
SD3–SHERPA ...............................................
TR330–AMM–14 ............................................
TR360–AMM–33 ............................................
TRSD360S–AMM–14 ....................................
TRSD3S–AMM–15 ........................................
June 21, 2004 ........
July 27, 2004 .........
July 29, 2004 .........
July 28, 2004 .........
Resistance Check, Inspection, and Jumper
Installation
(h) Within 180 days after the effective date
of this AD: Perform the insulation resistance
check, general visual inspections, and
bonding jumper wire installations; in
accordance with Shorts Service Bulletin
SD330–28–37, SD360–28–23, SD360
SHERPA–28–3, or SD3 SHERPA–28–2; all
dated June 2004; as applicable. If any defects
or damage are discovered during any
inspection or check required by this AD,
before further flight, repair the defects or
damage using a method approved by either
the Manager, International Branch, ANM–
116, Transport Airplane Directorate, FAA; or
the Civil Aviation Authority (CAA) (or its
delegated agent).
Note 4: For the purposes of this AD, a
general visual inspection is: ‘‘A visual
examination of an interior or exterior area,
installation, or assembly to detect obvious
damage, failure, or irregularity. This level of
inspection is made from within touching
distance unless otherwise specified. A mirror
may be necessary to ensure visual access to
all surfaces in the inspection area. This level
of inspection is made under normally
available lighting conditions such as
daylight, hangar lighting, flashlight, or
droplight and may require removal or
opening of access panels or doors. Stands,
ladders, or platforms may be required to gain
proximity to the area being checked.’’
Alternative Methods of Compliance
(AMOCs)
(i)(1) The Manager, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, has the authority to approve AMOCs
for this AD, if requested in accordance with
the procedures found in 14 CFR 39.19.
(2) Before using any AMOC approved in
accordance with § 39.19 on any airplane to
which the AMOC applies, notify the
appropriate principal inspector in the FAA
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Flight Standards Certificate Holding District
Office.
Related Information
(j) British airworthiness directive G–2004–
0021, dated August 25, 2004, also addresses
the subject of this AD.
Issued in Renton, Washington, on
November 25, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–23600 Filed 12–2–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–23159; Directorate
Identifier 2005–SW–10–AD]
RIN 2120–AA64
Airworthiness Directives; Eurocopter
France Model SA–365N, SA–365N1,
AS–365N2, and SA–366G1 Helicopters
Federal Aviation
Administration, DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: This document proposes
superseding an existing airworthiness
directive (AD) that currently applies to
Eurocopter France (ECF) Model SA
365N, N1, and AS 365N2 helicopters.
That AD currently requires inspecting
the main gearbox (MGB) suspension
diagonal cross-member (diagonal cross-
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To AMM
SD3–30 AMM.
SD3–60 AMM.
SD3–60 SHERPA AMM.
SD3–SHERPA AMM.
member) for cracks and replacing it with
an airworthy part if any crack is found.
This action proposes to require more
frequent inspections of the diagonal
cross-member and adding the Model
SA–366G1 helicopters to the
applicability. This proposal is prompted
by several reports of cracks in the
diagonal cross-member. The actions
specified by the proposed AD are
intended to prevent failure of the
diagonal cross-member, pivoting of the
MGB, severe vibrations, and a
subsequent forced landing.
DATES: Comments must be received on
or before February 3, 2006.
ADDRESSES: Use one of the following
addresses to submit comments on this
proposed AD:
• DOT Docket Web site: Go to
https://dms.dot.gov and follow the
instructions for sending your comments
electronically;
• Government-wide rulemaking Web
site: Go to https://www.regulations.gov
and follow the instructions for sending
your comments electronically;
• Mail: Docket Management Facility;
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590;
• Fax: 202–493–2251; or
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
You may get the service information
identified in this proposed AD from
American Eurocopter Corporation, 2701
Forum Drive, Grand Prairie, Texas
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Agencies
[Federal Register Volume 70, Number 232 (Monday, December 5, 2005)]
[Proposed Rules]
[Pages 72406-72409]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23600]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-23173; Directorate Identifier 2005-NM-190-AD]
RIN 2120-AA64
Airworthiness Directives; Short Brothers Model SD3 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Short Brothers Model SD3 airplanes. This proposed AD would
require installing additional fuel tank bonding jumpers, performing an
in-place resistance check of the float switches, inspecting certain
internal components of the fuel tanks, and performing related
corrective actions if necessary. This proposed AD would also require
revisions to the airworthiness limitations section of the Instructions
for Continued Airworthiness, and to the airplane flight manual
procedures for operation during icing conditions and fuel system
failures. This proposed AD results from fuel system reviews conducted
by the manufacturer. We are proposing this AD to prevent ignition
sources inside the fuel tanks, which could lead to fire or explosion.
DATES: We must receive comments on this proposed AD by January 4, 2006.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket Web site: Go to https://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to https://
www.regulations.gov and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401,
Washington, DC 20590.
Fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Contact Short Brothers, Airworthiness & Engineering Quality, P.O.
Box 241, Airport Road, Belfast BT3 9DZ, Northern Ireland, for service
information identified in this proposed AD.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2125; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed in the ADDRESSES section. Include the docket number ``FAA-2005-
23173; Directorate Identifier 2005-NM-190-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments received by the closing date and may amend the
proposed AD in light of those comments.
We will post all comments we receive, without change, to https://
dms.dot.gov, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this proposed AD. Using the search function of
that Web site, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You may review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may visit https://dms.dot.gov.
[[Page 72407]]
Examining the Docket
You may examine the AD docket on the Internet at https://
dms.dot.gov, or in person at the Docket Management Facility office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after the Docket Management System
receives them.
Discussion
The FAA has examined the underlying safety issues involved in
recent fuel tank explosions on several large transport airplanes,
including the adequacy of existing regulations, the service history of
airplanes subject to those regulations, and existing maintenance
practices for fuel tank systems. As a result of those findings, we
issued a regulation titled ``Transport Airplane Fuel Tank System Design
Review, Flammability Reduction and Maintenance and Inspection
Requirements'' (67 FR 23086, May 7, 2001). In addition to new
airworthiness standards for transport airplanes and new maintenance
requirements, this rule included Special Federal Aviation Regulation
No. 88 (``SFAR 88,'' Amendment 21-78, and subsequent Amendments 21-82
and 21-83).
Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: single failures, single failures in
combination with another latent condition(s), and in-service failure
experience. For all four criteria, the evaluations included
consideration of previous actions taken that may mitigate the need for
further action.
The Joint Aviation Authorities (JAA) has issued a regulation that
is similar to SFAR 88. (The JAA is an associated body of the European
Civil Aviation Conference (ECAC) representing the civil aviation
regulatory authorities of a number of European States who have agreed
to co-operate in developing and implementing common safety regulatory
standards and procedures.) Under this regulation, the JAA stated that
all members of the ECAC that hold type certificates for transport
category airplanes are required to conduct a design review against
explosion risks.
We have determined that the actions identified in this AD are
necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.
The Civil Aviation Authority (CAA), which is the airworthiness
authority for the United Kingdom, notified us that an unsafe condition
may exist on all Short Brothers Model SD3 airplanes. The CAA advises
that ignition sources may develop inside fuel tanks due to insufficient
grounding. This condition, if not corrected, could result in ignition
sources occurring inside the fuel tanks, which could lead to fire or
explosion.
Relevant Service Information
Short Brothers has issued Service Bulletins SD3 SHERPA-28-2, SD360
SHERPA-28-3, SD330-28-37, and SD360-28-23; all dated June 2004. The
service bulletins describe procedures for installing additional bonding
jumpers between the vent pipes of both fuel tanks and the airplane
structure; for performing an in-place resistance check of the fuel tank
float switches; for inspecting the condition of certain sensor cables
and cable supports inside the fuel tanks; for inspecting the integrity
of the existing bonding of certain vent pipes inside the forward fuel
tank; and for performing applicable corrective actions. Corrective
actions include replacing defective float switches with new,
reconditioned, or serviceable float switches, and repairing damaged
sensor cables, cable supports, and existing vent pipe bonding.
Short Brothers has issued Advance Amendment Bulletin 1/2004, dated
July 13, 2004, applicable to Shorts airplane flight manuals having Doc.
Nos. SB.4.3, SB.4.6, SB.4.8, SB.5.2, SB.6.2, SBH.3.2, SBH.3.3, SBH.3.6,
SBH.3.7, SBH.3.8, and SBH.3.9. The advance amendment bulletin describes
revisions needed to meet the requirements of FAA SFAR 88 and/or CAA
Airworthiness Notice AN55; the revisions affect sections of the flight
manuals applicable to operation during icing conditions and fuel system
failures.
Short Brothers has issued temporary revisions (TR) to the
airworthiness limitations section of the aircraft maintenance manuals
(AMM) of the affected airplanes, as shown in the following table. The
TRs address airworthiness limitations to certain components of the fuel
tank system installations.
AMM Temporary Revisions
----------------------------------------------------------------------------------------------------------------
Temporary
Airplane model revision Dated To AMM
----------------------------------------------------------------------------------------------------------------
SD3-30........................ TR330-AMM-14..... June 21, 2004............ SD3-30 AMM.
SD3-60........................ TR360-AMM-33..... July 27, 2004............ SD3-60 AMM.
SD3-60 SHERPA................. TRSD360S-AMM-14.. July 29, 2004............ SD3-60 SHERPA AMM.
SD3-SHERPA.................... TRSD3S-AMM-15.... July 28, 2004............ SD3-SHERPA AMM.
----------------------------------------------------------------------------------------------------------------
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition. The CAA mandated
the service information and issued British airworthiness directive G-
2004-0021, dated August 25, 2004, to ensure the continued airworthiness
of these airplanes in the United Kingdom.
FAA's Determination and Requirements of the Proposed AD
This airplane model is manufactured in the United Kingdom and are
type certificated for operation in the United States under the
provisions of section
[[Page 72408]]
21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the
applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the FCAA has kept the FAA informed
of the situation described above. We have examined the CAA's findings,
evaluated all pertinent information, and determined that we need to
issue an AD for airplanes of this type design that are certificated for
operation in the United States.
Therefore, we are proposing this AD, which would require
accomplishing the actions specified in the service information
described previously, except as discussed under ``Difference Between
the Proposed AD and Service Information.''
Difference Between Proposed AD and Service Information
The service bulletins specify to contact the manufacturer for
instructions on how to repair certain conditions, but this proposed AD
would require repairing those conditions using a method that we or the
CAA (or its delegated agent) approve. In light of the type of repair
that would be required to address the unsafe condition, and consistent
with existing bilateral airworthiness agreements, we have determined
that, for this proposed AD, a repair we or the CAA approve would be
acceptable for compliance with this proposed AD.
Clarification of Inspection Terminology
In this proposed AD, the ``visual inspection'' specified in the
Shorts service bulletins is referred to as a ``general visual
inspection.'' We have included the definition for a general visual
inspection in a note in the proposed AD.
Costs of Compliance
This proposed AD would affect about 54 airplanes of U.S. registry.
The average labor rate is estimated to be $65 per work hour.
The proposed revisions to the AFM and AMM would take about 1 work
hour per airplane. Based on these figures, the estimated cost of the
proposed revisions for U.S. operators is $3,510, or $65 per airplane.
The proposed resistance check, inspections, and jumper
installations, would take about 40 work hours per airplane. Required
parts would cost about $10 per airplane. Based on these figures, the
estimated cost of these proposed actions for U.S. operators is
$140,940, or $2,610 per airplane.
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 have 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 that the proposed
regulation:
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); and
3. 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket. See the
ADDRESSES section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, 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.
Sec. 39.13 [Amended]
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
Short Brothers PLC: FAA-2005-23173; Directorate Identifier 2005-NM-
190-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by January
4, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Shorts Model SD3-60 SHERPA, SD3-
SHERPA, SD3-30, and SD3-60 airplanes, certificated in any category.
Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (i) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued damage tolerance of the affected structure. The FAA
has provided guidance for this determination in Advisory Circular
(AC) 25-1529.
Unsafe Condition
(d) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent ignition sources
inside the fuel tanks, which could lead to fire or explosion.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Revision of Airplane Flight Manual (AFM)
(f) Within 30 days after the effective date of this AD, revise
the Limitations and Normal Procedures sections of the AFMs as
specified in Table 1 of this AD to include the information in Shorts
Advance Amendment Bulletin 1/2004, ``Introduction of Changes to Meet
the Requirements of FAA SFAR 88 and/or UK CAA Airworthiness Notice
AN55,'' dated July 13, 2004, as specified in the advance amendment
bulletin. This advance amendment bulletin addresses operation during
icing conditions and fuel system failures. Operate the airplane
according to the limitations and procedures in the advance amendment
bulletin.
Note 2: The requirements of paragraph (f) of this AD may be done
by inserting a copy of the advance amendment bulletin into the AFM.
When this advance amendment
[[Page 72409]]
bulletin has been included in general revisions of the AFM, the
general revisions may be inserted into the AFM and the advance
amendment bulletin may be removed, provided the relevant information
in the general revision is identical to that in the advance
amendment bulletin.
Table 1.--AFM Revisions
------------------------------------------------------------------------
Airplane model AFM documents to be revised
------------------------------------------------------------------------
SD3-30.................................... SBH.3.2, SBH.3.3, SBH.3.6,
SBH.3.7, SBH.3.8, and
SBH.3.9.
SD3-60.................................... SB.4.3, SB.4.6, and SB.4.8.
SD3-60 SHERPA............................. SB.5.2.
SD3-SHERPA................................ SB.6.2.
------------------------------------------------------------------------
Revision of Airworthiness Limitation (AWL) Section
(g) Within 180 days after the effective date of this AD: Revise
the AWL section of the Instructions for Continued Airworthiness by
incorporating airplane maintenance manual sections 5-20-01 and 5-20-
02 as introduced by the Shorts temporary revisions (TR) specified in
Table 1 of this AD into the AWL section of the AMMs for the airplane
models specified in Table 1. Thereafter, except as provided by
paragraph (i) of this AD, no alternative structural inspection
intervals may be approved for the longitudinal skin joints in the
fuselage pressure shell.
Note 3: The requirements of paragraph (g) of this AD may be done
by inserting a copy of the applicable TR into the applicable AMM.
When the TR has been included in general revisions of the AMM, the
general revisions may be inserted in the AMM and the TR may be
removed, provided the relevant information in the general revision
is identical to that in the TR.
Table 2.--AMM Temporary Revisions
----------------------------------------------------------------------------------------------------------------
Temporary
Airplane model revision Dated To AMM
----------------------------------------------------------------------------------------------------------------
SD3-30........................ TR330-AMM-14..... June 21, 2004............ SD3-30 AMM.
SD3-60........................ TR360-AMM-33..... July 27, 2004............ SD3-60 AMM.
SD3-60 SHERPA................. TRSD360S-AMM-14.. July 29, 2004............ SD3-60 SHERPA AMM.
SD3-SHERPA.................... TRSD3S-AMM-15.... July 28, 2004............ SD3-SHERPA AMM.
----------------------------------------------------------------------------------------------------------------
Resistance Check, Inspection, and Jumper Installation
(h) Within 180 days after the effective date of this AD: Perform
the insulation resistance check, general visual inspections, and
bonding jumper wire installations; in accordance with Shorts Service
Bulletin SD330-28-37, SD360-28-23, SD360 SHERPA-28-3, or SD3 SHERPA-
28-2; all dated June 2004; as applicable. If any defects or damage
are discovered during any inspection or check required by this AD,
before further flight, repair the defects or damage using a method
approved by either the Manager, International Branch, ANM-116,
Transport Airplane Directorate, FAA; or the Civil Aviation Authority
(CAA) (or its delegated agent).
Note 4: For the purposes of this AD, a general visual inspection
is: ``A visual examination of an interior or exterior area,
installation, or assembly to detect obvious damage, failure, or
irregularity. This level of inspection is made from within touching
distance unless otherwise specified. A mirror may be necessary to
ensure visual access to all surfaces in the inspection area. This
level of inspection is made under normally available lighting
conditions such as daylight, hangar lighting, flashlight, or
droplight and may require removal or opening of access panels or
doors. Stands, ladders, or platforms may be required to gain
proximity to the area being checked.''
Alternative Methods of Compliance (AMOCs)
(i)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Related Information
(j) British airworthiness directive G-2004-0021, dated August
25, 2004, also addresses the subject of this AD.
Issued in Renton, Washington, on November 25, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-23600 Filed 12-2-05; 8:45 am]
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