Airworthiness Directives; Short Brothers Model SD3-60 SHERPA, SD3-SHERPA, SD3-30, and SD3-60 Airplanes, 20030-20034 [E7-7118]
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20030
Federal Register / Vol. 72, No. 77 / Monday, April 23, 2007 / Rules and Regulations
The FAA issues special conditions, as
defined in § 11.19, under § 11.38, and
they become part of the type
certification basis under the provisions
of § 21.101.
Novel or Unusual Design Features
As noted earlier, the McDonnell
Douglas Model DC–10 airplanes
modified by Canard Aerospace will
incorporate the Astronautics Electronic
Flight Information System (EFIS) that
will perform critical functions. This
system may be vulnerable to highintensity radiated fields external to the
airplane. Current airworthiness
standards of part 25 do not contain
adequate or appropriate safety standards
for protecting this equipment from
adverse effects of HIRF. So this system
is considered to be a novel or unusual
design feature.
cprice-sewell on PRODPC74 with RULES
Discussion
As previously stated, there is no
specific regulation that addresses
protection for electrical and electronic
systems from HIRF. Increased power
levels from radio frequency transmitters
and the growing use of sensitive
avionics/electronics and electrical
systems to command and control
airplanes have made it necessary to
provide adequate protection.
To ensure that a level of safety is
achieved equivalent to that intended by
the regulations incorporated by
reference, special conditions are needed
for the McDonnell Douglas Model DC–
10 airplanes modified by Canard
Aerospace Corporation. These special
conditions require that new avionics/
electronics and electrical systems that
perform critical functions be designed
and installed to preclude component
damage and interruption of function
because of HIRF.
High-Intensity Radiated Fields (HIRF)
High-power radio frequency
transmitters for radio, radar, television,
and satellite communications can
adversely affect operation of airplane
electric and electronic systems.
Therefore, the immunity of critical
avionics/electronics and electrical
systems to HIRF must be established.
Based on surveys and an analysis of
existing HIRF emitters, an adequate
level of protection exists when airplane
system immunity is demonstrated when
exposed to the HIRF environments in
either paragraph 1 OR 2 below:
1. A minimum environment of 100
volts rms (root-mean-square) per meter
electric field strength from 10 KHz to 18
GHz.
a. System elements and their
associated wiring harnesses must be
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exposed to the environment without
benefit of airframe shielding.
b. Demonstration of this level of
protection is established through system
tests and analysis.
2. An environment external to the
airframe of the field strengths shown in
the table below for the frequency ranges
indicated. Immunity to both peak and
average field strength components from
the table must be demonstrated.
Frequency
Field strength
(volts per meter)
Peak
10 kHz–100 kHz ...........
100 kHz–500 kHz .........
500 kHz–2 MHz ............
2 MHz–30 MHz .............
30 MHz–70 MHz ...........
70 MHz–100 MHz .........
100 MHz–200 MHz .......
200 MHz–400 MHz .......
400 MHz–700 MHz .......
700 MHz–1 GHz ...........
1 GHz–2 GHz ...............
2 GHz–4 GHz ...............
4 GHz–6 GHz ...............
6 GHz–8 GHz ...............
8 GHz–12 GHz .............
12 GHz–18 GHz ...........
18 GHz–40 GHz ...........
Average
50
50
50
100
50
50
100
100
700
700
2000
3000
3000
1000
3000
2000
600
50
50
50
100
50
50
100
100
50
100
200
200
200
200
300
200
200
The field strengths are expressed in terms
of peak of the root-mean-square (rms) over
the complete modulation period.
The environment levels identified
above are the result of an FAA review
of existing studies on the subject of
HIRF and of the work of the
Electromagnetic Effects Harmonization
Working Group of the Aviation
Rulemaking Advisory Committee.
Applicability
These special conditions are
applicable to McDonnell Douglas Model
DC–10 airplanes modified by Canard
Aerospace Corporation. Should Canard
Aerospace apply at a later date for a
supplemental type certificate to modify
any other model included on Type
Certificate No. A22WE to incorporate
the same or similar novel or unusual
design feature, these special conditions
would apply to that model as well
under provisions of § 21.101.
Conclusion
This action affects only certain novel
or unusual design features on
McDonnell Douglas Model DC–10
airplanes modified by Canard Aerospace
Corporation. It is not a rule of general
applicability and affects only the
applicant who applied to the FAA for
approval of these features on the
airplane.
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Fmt 4700
Sfmt 4700
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
The authority citation for these
special conditions is as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701,
44702, 44704.
The Special Conditions
Therefore, under the authority
delegated to me by the Administrator,
the following special conditions are
issued as part of the supplemental type
certification basis for the McDonnell
Douglas Models DC–10–10, 10–15, 10–
30, 10–30F, 10–40, and 10–40F
airplanes modified by Canard Aerospace
Corporation.
1. Protection from Unwanted Effects
of High-Intensity Radiated Fields
(HIRF). Each electrical and electronic
system that performs critical functions
must be designed and installed to
ensure that the operation and
operational capability of these systems
to perform critical functions are not
adversely affected when the airplane is
exposed to high-intensity radiated
fields.
2. For the purpose of these special
conditions, the following definition
applies:
Critical Functions: Functions whose
failure would contribute to or cause a
failure condition that would prevent
continued safe flight and landing of the
airplane.
I
Issued in Renton, Washington, on April 16,
2007.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–7699 Filed 4–20–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–27866; Directorate
Identifier 2007–NM–055–AD; Amendment
39–15027; AD 2007–08–09]
RIN 2120–AA64
Airworthiness Directives; Short
Brothers Model SD3–60 SHERPA,
SD3–SHERPA, SD3–30, and SD3–60
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
AGENCY:
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Federal Register / Vol. 72, No. 77 / Monday, April 23, 2007 / Rules and Regulations
SUMMARY: We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
An analysis of the cable operated control
system installed on the SD3 aircraft types
that use MS 21260 type end fittings has
identified a number of potentially unsafe
conditions due to a combination of failures
* * *.
The failure of certain control cables
could result in the loss of certain critical
systems. For example, the loss of the
low pressure (LP) fuel control cable in
combination with a single failure of a
fuel condition control cable on the same
engine can cause the loss of the
capability to shut down the engine in
the event of an engine fire. This AD
requires actions that are intended to
address the unsafe condition described
in the MCAI.
DATES: This AD becomes effective May
8, 2007.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of May 8, 2007.
We must receive comments on this
AD by May 23, 2007.
ADDRESSES: You may send comments by
any of the following methods:
• DOT Docket Web site: Go to
https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Fax: (202) 493–2251.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
0001.
• 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.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
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Examining the AD Docket
You may examine the AD docket on
the Internet at https://dms.dot.gov; or in
person at the Docket Management
Facility between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The AD docket contains this
AD, the regulatory evaluation, any
comments received, and other
information. The street address for the
Docket Office (telephone (800) 647–
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15:21 Apr 20, 2007
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5227) is in the ADDRESSES section.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Todd Thompson, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98057–3356; telephone (425) 227–1175;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Streamlined Issuance of AD
The FAA is implementing a new
process for streamlining the issuance of
ADs related to MCAI. This streamlined
process will allow us to adopt MCAI
safety requirements in a more efficient
manner and will reduce safety risks to
the public. This process continues to
follow all FAA AD issuance processes to
meet legal, economic, Administrative
Procedure Act, and Federal Register
requirements. We also continue to meet
our technical decision-making
responsibilities to identify and correct
unsafe conditions on U.S.-certificated
products.
This AD references the MCAI and
related service information that we
considered in forming the engineering
basis to correct the unsafe condition.
The AD contains text copied from the
MCAI and for this reason might not
follow our plain language principles.
Discussion
The European Aviation Safety Agency
(EASA), which is the technical agent for
the Member States of the European
Community, has issued EASA
Emergency Airworthiness Directive
2007–0039-E, dated February 16, 2007
(referred to after this as ‘‘the MCAI’’), to
correct an unsafe condition for the
specified products. The MCAI states:
Following the identification of a failed
propeller RPM (revolutions per minute) cable
end fitting and an LP (low pressure) fuel
lever cable end fitting on an SD3 aircraft,
several subsequent occurrences of control
cable end fittings (type MS21260) with signs
of pitting corrosion or cracking have been
reported to Bombardier Shorts. All reported
instances being identified during ground
maintenance inspections on the SD3 fleet.
Bombardier Shorts have performed
examinations on the failed cable end fittings
and established the root cause of failure as
stress corrosion cracking of the SAE–AISI
303 stainless steel material they are
manufactured from, initiated by pitting
corrosion on the surface. The root cause of
the stress corrosion is sustained tensile stress
in a corrosive (warm, humid and salty)
atmosphere.
An analysis of the cable operated control
systems installed on the SD3 aircraft types
that use MS 21260 type end fittings has
identified a number of potentially unsafe
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
20031
conditions due to a combination of failures
that may result from this common mode
cause.
The failure of certain control cables
could result in the loss of certain critical
systems. For example, the loss of the LP
fuel control cable in combination with
a single failure of a fuel condition
control cable on the same engine can
cause the loss of the capability to shut
down the engine in the event of an
engine fire. You may obtain further
information by examining the MCAI in
the AD docket.
Relevant Service Information
Shorts has issued the following
service bulletins. The actions described
in this service information are intended
to correct the unsafe condition
identified in the MCAI.
• Shorts Alert Service Bulletin SD3
Sherpa–76–A02, Revision 1, dated
January 24, 2007.
• Shorts Alert Service Bulletin
SD330–76–A09, Revision 1, dated
January 24, 2007.
• Shorts Alert Service Bulletin SD360
Sherpa–76–A03, Revision 1, dated
January 24, 2007.
• Shorts Alert Service Bulletin
SD360–76–A12, Revision 1, dated
January 24, 2007.
FAA’s Determination and Requirements
of This AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to our
bilateral agreement with the State of
Design Authority, we have been notified
of the unsafe condition described in the
MCAI and service information
referenced above. We are issuing this
AD because we evaluated all pertinent
information and determined the unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
Differences Between the AD and the
MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
general, agree with their substance. But
we might have found it necessary to use
different words from those in the MCAI
to ensure the AD is clear for U.S.
operators and is enforceable. In making
these changes, we do not intend to differ
substantively from the information
provided in the MCAI and related
service information.
We might also have required different
actions in this AD from those in the
MCAI in order to follow FAA policies.
Any such differences are highlighted in
a NOTE within the AD.
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Federal Register / Vol. 72, No. 77 / Monday, April 23, 2007 / Rules and Regulations
FAA’s Determination of the Effective
Date
An unsafe condition exists that
requires the immediate adoption of this
AD. The FAA has found that the risk to
the flying public justifies waiving notice
and comment prior to adoption of this
rule because of the number of control
cable assemblies that were deemed not
to be airworthy when evaluated against
specific inspection criteria. Therefore,
we determined that notice and
opportunity for public comment before
issuing this AD are impracticable and
that good cause exists for making this
amendment effective in fewer than 30
days.
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety, and
we did not precede it by notice and
opportunity for public comment. We
invite you to send any written relevant
data, views, or arguments about this AD.
Send your comments to an address
listed under the ADDRESSES section.
Include ‘‘Docket No. FAA–2007–27866;
Directorate Identifier 2007–NM–055–
AD’’ at the beginning of your comments.
We specifically invite comments on the
overall regulatory, economic,
environmental, and energy aspects of
this AD. We will consider all comments
received by the closing date and may
amend this AD because 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 we receive
about this AD.
cprice-sewell on PRODPC74 with RULES
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
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15:21 Apr 20, 2007
Jkt 211001
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We determined that this AD will not
have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this AD:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); 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 AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
I
2007–08–09 Short Brothers PLC:
Amendment 39–15027. Docket No.
FAA–2007–27866; Directorate Identifier
2007–NM–055–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective May 8, 2007.
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.
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Frm 00004
Fmt 4700
Sfmt 4700
Subject
(d) Engine controls.
Reason
(e) The mandatory continued airworthiness
information (MCAI) states:
Following the identification of a failed
propeller RPM (revolutions per minute) cable
end fitting and an LP (low pressure) fuel
lever cable end fitting on an SD3 aircraft,
several subsequent occurrences of control
cable end fittings (type MS21260) with signs
of pitting corrosion or cracking have been
reported to Bombardier Shorts. All reported
instances being identified during ground
maintenance inspections on the SD3 fleet.
Bombardier Shorts have performed
examinations on the failed cable end fittings
and established the root cause of failure as
stress corrosion cracking of the SAE–AISI
303 stainless steel material they are
manufactured from, initiated by pitting
corrosion on the surface. The root cause of
the stress corrosion is sustained tensile stress
in a corrosive (warm, humid and salty)
atmosphere.
An analysis of the cable operated control
systems installed on the SD3 aircraft types
that use MS 21260 type end fittings has
identified a number of potentially unsafe
conditions due to a combination of failures
that may result from this common mode
cause.
The failure of certain control cables could
result in the loss of certain critical systems.
For example, the loss of the low pressure (LP)
fuel control cable in combination with a
single failure of a fuel condition control cable
on the same engine can cause the loss of the
capability to shut down the engine in the
event of an engine fire.
Actions and Compliance
(f) Unless already done, do the following
actions.
(1) Within 30 days after the effective date
of this AD, inspect the affected cable
assembly end fittings in accordance with the
applicable service bulletin specified in Table
1 of this AD.
(2) If no pitting/corrosion or cracking is
found, within 12 months after the inspection
required by paragraph (f)(1) of this AD, and
thereafter at intervals not to exceed 12
months, repeat the inspection of the cable
assembly end fittings in accordance with the
applicable service bulletin specified in Table
1 of this AD. Replacing the cable assembly
with a new cable assembly in accordance
with the applicable service bulletin
terminates the repetitive inspection intervals
of this paragraph for the replaced cable
assembly.
(3) When pitting/corrosion or cracking is
found during any inspection required by this
AD, before further flight, replace the affected
cable assembly with a new cable assembly in
accordance with the applicable service
bulletin specified in Table 1 of this AD.
(4) After any replacement done in
accordance with paragraph (f)(2) or (f)(3) of
this AD, repeat the inspection required by
paragraph (f)(1) of this AD for the replaced
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Federal Register / Vol. 72, No. 77 / Monday, April 23, 2007 / Rules and Regulations
cable assembly at intervals not to exceed 180
months.
(5) Do the actions in paragraphs (f)(1),
(f)(2), (f)(3), and (f)(4) of this AD in
accordance with the Accomplishment
Instructions of the applicable Shorts Alert
Service Bulletin listed in Table 1 of this AD.
TABLE 1.—SERVICE BULLETINS FOR APPLICABLE ACTIONS
Shorts Alert Service Bulletin
Revision level
SD3 Sherpa–76–A02 ..................................................................................................................................
SD330–76–A09 ...........................................................................................................................................
SD360 Sherpa–76–A03 ..............................................................................................................................
SD360–76–A12 ...........................................................................................................................................
FAA AD Differences
Note: This AD differs from the MCAI and/
or service information as follows: No
differences.
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
Send information to ATTN: Todd Thompson,
Aerospace Engineer, International Branch,
ANM–116, FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
227–1175; fax (425) 227–1149. 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 Flight Standards
Certificate Holding District Office.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
Date
1
1
1
1
January
January
January
January
24,
24,
24,
24,
2007.
2007.
2007.
2007.
to assure the product is airworthy before it
is returned to service.
(3) Reporting Requirements: For any
reporting requirement in this AD, under the
provisions of the Paperwork Reduction Act,
the Office of Management and Budget (OMB)
has approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
Related Information
(h) Refer to MCAI European Aviation
Safety Agency (EASA) Emergency
Airworthiness Directive 2007–0039–E, dated
February 16, 2007, and the Shorts service
information listed in Table 2 of this AD.
TABLE 2.—RELATED INFORMATION
Shorts Alert Service Bulletin
Revision level
SD3 Sherpa–76–A02 ..................................................................................................................................
SD330–76–A09 ...........................................................................................................................................
SD360 Sherpa–76–A03 ..............................................................................................................................
SD360–76–A12 ...........................................................................................................................................
Material Incorporated by Reference
(i) You must use the service information
specified in Table 3 of this AD to do the
Date
1
1
1
1
January
January
January
January
24,
24,
24,
24,
2007.
2007.
2007.
2007.
actions required by this AD, unless the AD
specifies otherwise.
TABLE 3.—MATERIAL INCORPORATED BY REFERENCE
Shorts Alert Service Bulletin
Page No.
SD3 Sherpa–76–A02 ....................................................................................................
SD330–76–A09 .............................................................................................................
SD360 Sherpa–76–A03 ................................................................................................
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SD360–76–A12 .............................................................................................................
VerDate Aug<31>2005
15:21 Apr 20, 2007
Jkt 211001
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Sfmt 4700
1, 6
2–5,
1, 6
2–5,
1, 6
2–5,
1, 6
2–5,
...................
7–16 .........
...................
7–19 .........
...................
7–16 .........
...................
7–16 .........
E:\FR\FM\23APR1.SGM
Revision level
1 .......................
Original .............
1 .......................
Original .............
1 .......................
Original .............
1 .......................
Original .............
23APR1
Date
January
January
January
January
January
January
January
January
24,
10,
24,
10,
24,
10,
24,
10,
2007.
2007.
2007.
2007.
2007.
2007.
2007.
2007.
20034
Federal Register / Vol. 72, No. 77 / Monday, April 23, 2007 / Rules and Regulations
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Short Brothers,
Airworthiness & Engineering Quality, P.O.
Box 241, Airport Road, Belfast BT3 9DZ,
Northern Ireland.
(3) You may review copies at the FAA,
Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
(202) 741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on April 6,
2007.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–7118 Filed 4–20–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Parts 204 and 399
[Docket No. OST–2003–15759]
RIN 2105–AD25
Review of Data Filed by Certificated or
Commuter Air Carriers To Support
Continuing Fitness Determinations
Involving Citizenship Issues
Office of the Secretary, DOT.
Final rule.
AGENCY:
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ACTION:
SUMMARY: The Department is adopting
its proposed editorial changes to its
rules on Data to Support Fitness
Determinations, 14 CFR part 204, and
has determined to maintain its existing
procedures for conducting reviews of
the continuing fitness of air carriers.
These actions complete this rulemaking.
The Department had earlier withdrawn
a proposal made in this rulemaking to
modify the Department’s standards for
determining whether carriers remain
under the actual control of U.S. citizens.
EFFECTIVE DATE: The rule is effective
May 23, 2007.
FOR FURTHER INFORMATION CONTACT:
William M. Bertram, Chief, Air Carrier
Fitness Division (X–56), Office of
Aviation Analysis, U.S. Department of
Transportation, 400 7th Street, SW.,
Washington, DC 20590; (202) 366–9721.
SUPPLEMENTARY INFORMATION:
Introduction
By statute, only citizens of the United
States may obtain and hold certificate
VerDate Aug<31>2005
15:21 Apr 20, 2007
Jkt 211001
authority under 49 U.S.C. 41102 or
41103 authorizing them to provide air
transportation within the United States
or operate as a U.S. air carrier on
international routes. The statutory
citizenship requirements require that at
least 75 percent of the voting interest of
a U.S. air carrier be owned and
controlled by U.S. citizens, that the
president and two-thirds of the board of
directors and managing officers be U.S.
citizens, and that U.S. carriers be subject
to the actual control of U.S. citizens. 49
U.S.C. 40102(a)(15). In this proceeding,
we invited public comment on three
matters related to our consideration of
citizenship issues: (i) We proposed
technical changes to our rules governing
citizenship and fitness determinations,
14 CFR part 204; (ii) we considered
whether we should modify our
procedures for reviewing whether a
carrier is complying with the continuing
citizenship requirement; and (iii) we
proposed to modify the standards used
for determining whether a carrier is
actually controlled by U.S. citizens. We
have withdrawn the proposal to modify
our standards on actual control. 71 FR
71106 (December 8, 2006). In this final
rule, we are resolving the other two
matters. We are adopting the proposed
technical changes to part 204, and we
explain why we have decided to
continue following our procedural
practices in continuing fitness cases.
update our interpretation of actual
control and to continue using our
informal procedures in most continuing
fitness reviews. 70 FR 67389 (November
7, 2005). We also proposed changes to
part 204 to correct minor typographical
errors, update statutory references, and
clarify some language. 70 FR 67395. We
thereafter issued a Supplemental Notice
of Proposed Rulemaking (SNPRM) to
address the comments made on the
NPRM, and to propose additional
refinements to our proposed
modification of our actual control
standard. 71 FR 26425 (May 5, 2006).
We again proposed to continue using
our informal procedures in most
continuing fitness reviews.
In the NPRM and SNPRM, we stated
that we had tentatively determined to
continue using the same informal
procedures for continuing fitness
reviews that we have always used. 71
FR 26436; 70 FR 67392. We believed
that significant potential harm could
result if we made all substantial foreign
investment cases subject to public
notice and comment, and that using
public proceedings in all significant
cases appeared to be unnecessary for the
protection of interested persons. We
stated that we would have the option of
beginning a public proceeding in any
case if we found that doing so would be
useful. 71 FR 26436.
Background
We examine carrier citizenship
primarily in two situations. First, when
a firm applies for authority to operate as
a U.S. carrier, we conduct an initial
fitness review, which necessarily
includes a review of the carrier’s
citizenship. We conduct initial fitness
reviews through docketed proceedings,
where a public record of the pleadings
is maintained; we publish all
Department decisions in the case; and
we give interested persons an
opportunity to comment on the
application. Second, we conduct a
continuing fitness review if an existing
carrier undergoes a substantial change
in ownership, operations, or
management. We usually conduct
continuing fitness investigations
without a public proceeding and
therefore do not create a docket
containing record material, publish a
final decision, or provide an
opportunity for public comment. In
some continuing fitness cases, we may
decide to use more formal public
procedures. See 71 FR 26426–26427.
Comments
Rulemaking Notices
We issued a Notice of Proposed
Rulemaking (NPRM) that proposed to
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
The comments on the NPRM and
SNPRM focused on our proposed
change to our standard for defining
when U.S. citizens had actual control of
a U.S. carrier. None of the commenters
opposed our proposed changes to part
204. While several commenters
discussed the procedural issues in their
responses to our NPRM, only
Continental commented in any detail on
our SNPRM’s proposed decision to
continue using informal procedures in
most continuing fitness reviews.
Continental asserted that the informal
procedures enable us to resolve
citizenship matters after negotiating
only with the carrier and its foreign
investors, not with other persons
affected by the transaction. Continental
Comments at 9.
Decision on Procedures
We have determined to continue
following our existing procedures for
continuing fitness reviews for the
reasons stated in our earlier notices. We
can, of course, always choose to use
public procedures in any continuing
fitness review, and interested persons
have the right to ask us to do so. See 71
FR 26436.
E:\FR\FM\23APR1.SGM
23APR1
]]>Agencies
[Federal Register Volume 72, Number 77 (Monday, April 23, 2007)]
[Rules and Regulations]
[Pages 20030-20034]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7118]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-27866; Directorate Identifier 2007-NM-055-AD;
Amendment 39-15027; AD 2007-08-09]
RIN 2120-AA64
Airworthiness Directives; Short Brothers Model SD3-60 SHERPA,
SD3-SHERPA, SD3-30, and SD3-60 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
[[Page 20031]]
SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:
An analysis of the cable operated control system installed on
the SD3 aircraft types that use MS 21260 type end fittings has
identified a number of potentially unsafe conditions due to a
combination of failures * * *.
The failure of certain control cables could result in the loss of
certain critical systems. For example, the loss of the low pressure
(LP) fuel control cable in combination with a single failure of a fuel
condition control cable on the same engine can cause the loss of the
capability to shut down the engine in the event of an engine fire. This
AD requires actions that are intended to address the unsafe condition
described in the MCAI.
DATES: This AD becomes effective May 8, 2007.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of May 8, 2007.
We must receive comments on this AD by May 23, 2007.
ADDRESSES: You may send comments by any of the following methods:
DOT Docket Web site: Go to https://dms.dot.gov and follow
the instructions for sending your comments electronically.
Fax: (202) 493-2251.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001.
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.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Examining the AD Docket
You may examine the AD docket on the Internet at https://
dms.dot.gov; or in person at the Docket Management Facility between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (telephone (800) 647-5227) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Streamlined Issuance of AD
The FAA is implementing a new process for streamlining the issuance
of ADs related to MCAI. This streamlined process will allow us to adopt
MCAI safety requirements in a more efficient manner and will reduce
safety risks to the public. This process continues to follow all FAA AD
issuance processes to meet legal, economic, Administrative Procedure
Act, and Federal Register requirements. We also continue to meet our
technical decision-making responsibilities to identify and correct
unsafe conditions on U.S.-certificated products.
This AD references the MCAI and related service information that we
considered in forming the engineering basis to correct the unsafe
condition. The AD contains text copied from the MCAI and for this
reason might not follow our plain language principles.
Discussion
The European Aviation Safety Agency (EASA), which is the technical
agent for the Member States of the European Community, has issued EASA
Emergency Airworthiness Directive 2007-0039-E, dated February 16, 2007
(referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:
Following the identification of a failed propeller RPM
(revolutions per minute) cable end fitting and an LP (low pressure)
fuel lever cable end fitting on an SD3 aircraft, several subsequent
occurrences of control cable end fittings (type MS21260) with signs
of pitting corrosion or cracking have been reported to Bombardier
Shorts. All reported instances being identified during ground
maintenance inspections on the SD3 fleet. Bombardier Shorts have
performed examinations on the failed cable end fittings and
established the root cause of failure as stress corrosion cracking
of the SAE-AISI 303 stainless steel material they are manufactured
from, initiated by pitting corrosion on the surface. The root cause
of the stress corrosion is sustained tensile stress in a corrosive
(warm, humid and salty) atmosphere.
An analysis of the cable operated control systems installed on
the SD3 aircraft types that use MS 21260 type end fittings has
identified a number of potentially unsafe conditions due to a
combination of failures that may result from this common mode cause.
The failure of certain control cables could result in the loss of
certain critical systems. For example, the loss of the LP fuel control
cable in combination with a single failure of a fuel condition control
cable on the same engine can cause the loss of the capability to shut
down the engine in the event of an engine fire. You may obtain further
information by examining the MCAI in the AD docket.
Relevant Service Information
Shorts has issued the following service bulletins. The actions
described in this service information are intended to correct the
unsafe condition identified in the MCAI.
Shorts Alert Service Bulletin SD3 Sherpa-76-A02, Revision
1, dated January 24, 2007.
Shorts Alert Service Bulletin SD330-76-A09, Revision 1,
dated January 24, 2007.
Shorts Alert Service Bulletin SD360 Sherpa-76-A03,
Revision 1, dated January 24, 2007.
Shorts Alert Service Bulletin SD360-76-A12, Revision 1,
dated January 24, 2007.
FAA's Determination and Requirements of This AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Differences Between the AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the AD.
[[Page 20032]]
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because of
the number of control cable assemblies that were deemed not to be
airworthy when evaluated against specific inspection criteria.
Therefore, we determined that notice and opportunity for public comment
before issuing this AD are impracticable and that good cause exists for
making this amendment effective in fewer than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2007-27866; Directorate
Identifier 2007-NM-055-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because 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 we
receive about this AD.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
For the reasons discussed above, I certify this AD:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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 AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new AD:
2007-08-09 Short Brothers PLC: Amendment 39-15027. Docket No. FAA-
2007-27866; Directorate Identifier 2007-NM-055-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective May 8,
2007.
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.
Subject
(d) Engine controls.
Reason
(e) The mandatory continued airworthiness information (MCAI)
states:
Following the identification of a failed propeller RPM
(revolutions per minute) cable end fitting and an LP (low pressure)
fuel lever cable end fitting on an SD3 aircraft, several subsequent
occurrences of control cable end fittings (type MS21260) with signs
of pitting corrosion or cracking have been reported to Bombardier
Shorts. All reported instances being identified during ground
maintenance inspections on the SD3 fleet. Bombardier Shorts have
performed examinations on the failed cable end fittings and
established the root cause of failure as stress corrosion cracking
of the SAE-AISI 303 stainless steel material they are manufactured
from, initiated by pitting corrosion on the surface. The root cause
of the stress corrosion is sustained tensile stress in a corrosive
(warm, humid and salty) atmosphere.
An analysis of the cable operated control systems installed on
the SD3 aircraft types that use MS 21260 type end fittings has
identified a number of potentially unsafe conditions due to a
combination of failures that may result from this common mode cause.
The failure of certain control cables could result in the loss of
certain critical systems. For example, the loss of the low pressure
(LP) fuel control cable in combination with a single failure of a
fuel condition control cable on the same engine can cause the loss
of the capability to shut down the engine in the event of an engine
fire.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Within 30 days after the effective date of this AD, inspect
the affected cable assembly end fittings in accordance with the
applicable service bulletin specified in Table 1 of this AD.
(2) If no pitting/corrosion or cracking is found, within 12
months after the inspection required by paragraph (f)(1) of this AD,
and thereafter at intervals not to exceed 12 months, repeat the
inspection of the cable assembly end fittings in accordance with the
applicable service bulletin specified in Table 1 of this AD.
Replacing the cable assembly with a new cable assembly in accordance
with the applicable service bulletin terminates the repetitive
inspection intervals of this paragraph for the replaced cable
assembly.
(3) When pitting/corrosion or cracking is found during any
inspection required by this AD, before further flight, replace the
affected cable assembly with a new cable assembly in accordance with
the applicable service bulletin specified in Table 1 of this AD.
(4) After any replacement done in accordance with paragraph
(f)(2) or (f)(3) of this AD, repeat the inspection required by
paragraph (f)(1) of this AD for the replaced
[[Page 20033]]
cable assembly at intervals not to exceed 180 months.
(5) Do the actions in paragraphs (f)(1), (f)(2), (f)(3), and
(f)(4) of this AD in accordance with the Accomplishment Instructions
of the applicable Shorts Alert Service Bulletin listed in Table 1 of
this AD.
Table 1.--Service Bulletins for Applicable Actions
------------------------------------------------------------------------
Shorts Alert Service
Bulletin Revision level Date
------------------------------------------------------------------------
SD3 Sherpa-76-A02........... 1 January 24, 2007.
SD330-76-A09................ 1 January 24, 2007.
SD360 Sherpa-76-A03......... 1 January 24, 2007.
SD360-76-A12................ 1 January 24, 2007.
------------------------------------------------------------------------
FAA AD Differences
Note: This AD differs from the MCAI and/ or service information
as follows: No differences.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. Send information to ATTN: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-1175; fax (425) 227-1149. 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.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.
Related Information
(h) Refer to MCAI European Aviation Safety Agency (EASA)
Emergency Airworthiness Directive 2007-0039-E, dated February 16,
2007, and the Shorts service information listed in Table 2 of this
AD.
Table 2.--Related Information
------------------------------------------------------------------------
Shorts Alert Service
Bulletin Revision level Date
------------------------------------------------------------------------
SD3 Sherpa-76-A02........... 1 January 24, 2007.
SD330-76-A09................ 1 January 24, 2007.
SD360 Sherpa-76-A03......... 1 January 24, 2007.
SD360-76-A12................ 1 January 24, 2007.
------------------------------------------------------------------------
Material Incorporated by Reference
(i) You must use the service information specified in Table 3 of
this AD to do the actions required by this AD, unless the AD
specifies otherwise.
Table 3.--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
Shorts Alert Service Bulletin Page No. Revision level Date
----------------------------------------------------------------------------------------------------------------
SD3 Sherpa-76-A02............... 1, 6.................... 1...................... January 24, 2007.
2-5, 7-16............... Original............... January 10, 2007.
SD330-76-A09.................... 1, 6.................... 1...................... January 24, 2007.
2-5, 7-19............... Original............... January 10, 2007.
SD360 Sherpa-76-A03............. 1, 6.................... 1...................... January 24, 2007.
2-5, 7-16............... Original............... January 10, 2007.
SD360-76-A12.................... 1, 6.................... 1...................... January 24, 2007.
2-5, 7-16............... Original............... January 10, 2007.
----------------------------------------------------------------------------------------------------------------
[[Page 20034]]
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact Short
Brothers, Airworthiness & Engineering Quality, P.O. Box 241, Airport
Road, Belfast BT3 9DZ, Northern Ireland.
(3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call (202) 741-6030,
or go to: https://www.archives.gov/federal-register/cfr/ibr-
locations.html.
Issued in Renton, Washington, on April 6, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-7118 Filed 4-20-07; 8:45 am]
BILLING CODE 4910-13-P
