FR Doc E9-11709

[Federal Register: May 20, 2009 (Volume 74, Number 96)]
[Proposed Rules]
[Page 23668-23671]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20my09-24]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0464; Directorate Identifier 2008-NM-189-AD]
RIN 2120-AA64

Airworthiness Directives; Short Brothers Model SD3-60 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above that would revise an existing AD. This proposed
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:

There have been several occurrences of cracked elevator trim tab
balance weight attachment brackets. On one occasion, the elevator
trim tab mass balance weight bracket separated from the aircraft.
The loss of an elevator trim tab mass balance weight bracket has the
potential to cause damage to an aircraft, or cause serious injury to
personnel. * * *

* * * * *
The proposed AD would require actions that are intended to address
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by June 19, 2009.

ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Short Brothers PLC, Airworthiness, P.O. Box 241, Airport Road, Belfast
BT3 9DZ, Northern Ireland; telephone +44(0)2890-462469; fax +44(0)2890-
468444; e-mail michael.mulholland@aero.bombardier.com; Internet http://
www.bombardier.com.
You may review copies of the referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call 425-227-1221 or 425-227-1152.

Examining the AD Docket

You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone (800) 647-5527) 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, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0464;
Directorate Identifier 2008-NM-189-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

On July 23, 2008, we issued AD 2008-16-09, amendment 39-15627 (73
FR 46543, August 11, 2008). That AD required actions intended to
address an unsafe condition on the products listed above.
Since we issued AD 2008-16-09, Short Brothers advised that SD3-07-
6011xA brackets manufactured in 2005 or later have a life limit of
28,800 flight hours, per Section 5-00-02 of the Short Brothers SD360
Aircraft Maintenance Manual (AMM), and as noted in Appendix 1 of Shorts
Alert Service Bulletin SD360-55-A21, Revision 1, dated March 29, 2007.
In light of this, we have revised the existing AD to propose extending
the life limit of any balance weight bracket from 1,750 flight hours to
28,800 flight hours. You may obtain further information by examining
the MCAI in the AD docket.
In addition, we removed paragraphs (f) and (l)(1) of the existing
AD from this proposed AD. Those paragraphs define the use of the term
``service bulletin,'' as used in the AD.

[[Page 23669]]

Relevant Service Information

Shorts has issued Service Bulletin SD360-55-20, Revision 2, dated
March 29, 2007. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed 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 proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This 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 proposed 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 proposed AD.

Costs of Compliance

Based on the service information, we estimate that this proposed AD
would affect about 21 products of U.S. registry. We also estimate that
it would take about 8 to 12 work-hours per product to comply with the
basic requirements of this proposed AD. The average labor rate is $80
per work-hour. Required parts would cost about $632 to $864 per
product. Where the service information lists required parts costs that
are covered under warranty, we have assumed that there will be no
charge for these costs. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of the proposed AD
on U.S. operators to be $26,712 to $38,304, or $1,272 to $1,824 per
product.

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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. 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.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec. 39.13 [Amended]

2. The FAA amends Sec. 39.13 by removing Amendment 39-15627 (73 FR
46543, August 11, 2008) and adding the following new AD:

Short Brothers PLC: Docket No. FAA-2009-0464; Directorate Identifier
2008-NM-189-AD.

Comments Due Date

(a) We must receive comments by June 19, 2009.

Affected ADs

(b) The proposed AD revises AD 2008-16-09, Amendment 39-15627.

Applicability

Subject

(d) Air Transport Association (ATA) of America Code 55:
Stabilizers.

Reason

(e) The mandatory continuing airworthiness information (MCAI)
(i.e., EASA Airworthiness Directive 2007-0107-E, dated April 18,
2007) states:

Compliance

(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Restatement of Requirements of AD 2004-13-08, Amendment 39-13690

Initial Inspection

(g) Within 2 months after August 3, 2004 (the effective date of
AD 2004-13-08, amendment 39-13690): Do a dye penetrant inspection
for cracking in the welded joints of the balance weight brackets for
the left and right elevator trim tabs, in accordance with the
Accomplishment Instructions of Short Brothers Service Bulletin
SD360-55-20, dated June 26, 2003; Shorts Service Bulletin SD360-55-
20, Revision 1, dated June 20, 2005; or Shorts Service Bulletin
SD360-55-20, Revision 2, dated March 29, 2007.

Investigative and Corrective Actions if No Cracking Is Found

(h) If no cracking is found during the inspection required by
paragraph (g) of this AD, do the actions required by paragraphs
(h)(1) and (h)(2) of this AD at the applicable compliance times.
(1) Repeat the inspection required by paragraph (g) of this AD
at intervals not to

[[Page 23670]]

exceed 4,800 flight hours until the bracket is replaced per
paragraph (h)(2) or (i) of this AD.
(2) Prior to the accumulation of 28,800 total flight hours, or
within 6 months after August 3, 2004, whichever occurs later:
Replace any bracket that has not been replaced per paragraph (i) of
this AD with a new bracket or with a serviceable bracket that has
been inspected in accordance with paragraph (g) of this AD. Replace
in accordance with the Accomplishment Instructions of Short Brothers
Service Bulletin SD360-55-20, dated June 26, 2003; Shorts Service
Bulletin SD360-55-20, Revision 1, dated June 20, 2005; or Shorts
Service Bulletin SD360-55-20, Revision 2, dated March 29, 2007.
Replacement of the brackets constitutes terminating action for the
repetitive inspections required by paragraph (h)(1) of this AD.

Corrective Actions if Any Cracking Is Found

(i) If any cracking is found during any inspection required by
paragraph (g) or (h) of this AD: Before further flight, accomplish
the applicable action in paragraph (i)(1) or (i)(2) of this AD in
accordance with the Accomplishment Instructions of Short Brothers
Service Bulletin SD360-55-20, dated June 26, 2003; Shorts Service
Bulletin SD360-55-20, Revision 1, dated June 20, 2005; or Shorts
Service Bulletin SD360-55-20, Revision 2, dated March 29, 2007.
(1) For airplanes that have accumulated less than 28,800 flight
hours and on which all cracking on brackets is less than 0.25 inch
in length: Repair the affected bracket in accordance with Part B of
the Accomplishment Instructions of Short Brothers Service Bulletin
SD360-55-20, dated June 26, 2003; Shorts Service Bulletin SD360-55-
20, Revision 1, dated June 20, 2005; or Shorts Service Bulletin
SD360-55-20, Revision 2, dated March 29, 2007 (including the
additional dye penetrant inspection of the repaired welded joint);
and repeat the inspection required by paragraph (g) of this AD at
intervals not to exceed 4,800 flight hours; or replace the bracket
in accordance with paragraph (h)(2) of this AD. Replacement of the
bracket constitutes terminating action for the repetitive
inspections.
(2) For any airplane on which any cracking on a bracket is 0.25
inch in length or greater, and for any airplane that has accumulated
28,800 flight hours or more on which any cracking of any length is
found on a bracket: Replace the affected bracket with a new bracket
or with a serviceable bracket that has been inspected in accordance
with paragraph (g) of this AD. Replacement of the bracket
constitutes terminating action for the repetitive inspections
required by paragraph (i)(1) of this AD.

Refitting

(j) Before further flight following any inspection per paragraph
(g) or (h) of this AD; or before further flight following repair or
replacement of a bracket per paragraph (h)(2) or (i) of this AD:
Refit the balance weights, covers, and trim tabs, in accordance with
the Accomplishment Instructions of Short Brothers Service Bulletin
SD360-55-20, dated June 26, 2003; Shorts Service Bulletin SD360-55-
20, Revision 1, dated June 20, 2005; or Shorts Service Bulletin
SD360-55-20, Revision 2, dated March 29, 2007. Where the
Accomplishment Instructions of Short Brothers Service Bulletin
SD360-55-20, dated June 26, 2003; Shorts Service Bulletin SD360-55-
20, Revision 1, dated June 20, 2005; or Shorts Service Bulletin
SD360-55-20, Revision 2, dated March 29, 2007; specify to contact
the manufacturer for disposition of certain conditions while
refitting, obtain further disposition instructions from the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA;
or the European Aviation Safety Agency (EASA) (or its delegated
agent).

Parts Installation

(k) As of August 3, 2004, no person may install on any airplane
a balance weight bracket unless the welded joint has been inspected
in accordance with paragraph (g) of this AD.

Restatement of Requirements of AD 2005-04-13, Amendment 39-13985

Return of Parts to Manufacturer Not Required

(l) Although the Accomplishment Instructions of Short Brothers
Alert Service Bulletin SD360-55-A21, dated December 16, 2004; or
Shorts Alert Service Bulletin SD360-55-A21, Revision 1, dated March
29, 2007; specify to return subject parts to the manufacturer, this
AD does not include that requirement.

Repetitive Inspections

(m) For airplanes equipped with balance weight brackets of the
elevator trim tabs having part number SD3-07-6011xA, and having a
serial number beginning with ``X3'' or ``X4'': Prior to the
accumulation of 250 flight hours since installation of the subject
balance weight bracket of the elevator trim tab, or within 30 flight
hours after March 14, 2005 (the effective date of AD 2005-04-13),
whichever is later, do a dye penetrant inspection for cracking of
the balance weight brackets for the left and right elevator trim
tabs, in accordance with Short Brothers Alert Service Bulletin
SD360-55-A21, dated December 16, 2004; or Shorts Alert Service
Bulletin SD360-55-A21, Revision 1, dated March 29, 2007.
(1) For a balance weight bracket on which no cracking is found:
Do paragraph (o) of this AD, and repeat the inspection thereafter at
intervals not to exceed 250 flight hours until paragraph (m) of this
AD is accomplished.
(2) For a balance weight bracket on which any cracking is found:
Before further flight, replace the bracket with a new or reworked
balance weight bracket that conforms to the approved design
standard, in accordance with Short Brothers Alert Service Bulletin
SD360-55-A21, dated December 16, 2004; or Shorts Alert Service
Bulletin SD360-55-A21, Revision 1, dated March 29, 2007; and do
paragraph (o) of this AD.

Optional Terminating Action

(n) For airplanes equipped with balance weight brackets of the
elevator trim tabs having part number SD3-07-6011xA, and having a
serial number beginning with ``X3'' or ``X4'': Replacement of any
subject balance weight bracket with a new or reworked balance weight
bracket that conforms to the approved design standard, in accordance
with the Accomplishment Instructions of Short Brothers Alert Service
Bulletin SD360-55-A21, dated December 16, 2004; or Shorts Alert
Service Bulletin SD360-55-A21, Revision 1, dated March 29, 2007;
constitutes terminating action for the repetitive inspections
required by paragraph (m) of this AD for the replaced bracket.

Refitting

(o) For airplanes equipped with balance weight brackets of the
elevator trim tabs having part number SD3-07-6011xA, and having a
serial number beginning with ``X3'' or ``X4:'' Before further flight
following any inspection or replacement of a bracket in accordance
with paragraphs (m) and (n) of this AD: Refit the balance weights,
covers, and trim tabs, in accordance with the Accomplishment
Instructions of Short Brothers Alert Service Bulletin SD360-55-A21,
dated December 16, 2004; or Shorts Alert Service Bulletin SD360-55-
A21, Revision 1, dated March 29, 2007. Where the Accomplishment
Instructions of Short Brothers Alert Service Bulletin SD360-55-A21,
dated December 16, 2004; or Shorts Alert Service Bulletin SD360-55-
A21, Revision 1, dated March 29, 2007; specify to contact the
manufacturer for disposition of certain conditions while refitting,
obtain further disposition instructions from the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA;
or the European Aviation Safety Agency (EASA) (or its delegated
agent).

Parts Installation

(p) For all airplanes: As of March 14, 2005, no person may
install, on any airplane subject to this AD, a balance weight
bracket having part number SD3-07-6011xA, and having a serial number
beginning with ``X3'' or ``X4,'' unless the bracket is also marked
``Rework batch number R-Bxxxxx'' (where ``xxxxx'' is a number).

Restatement of Requirements of AD 2008-16-09, Amendment 39-15627, With
Extended Repetitive Interval in Paragraph (q)(2)

Inspection(s) and Replacements

(q) For airplanes equipped with balance weight brackets of the
elevator trim tabs having part number SD3-07-6011xA manufactured in
the year 2003 or 2004, including reworked brackets, installed in
accordance with paragraph (h)(2), (i)(2), or (n) of this AD, as
applicable: Do the actions specified in paragraphs (q)(1) and (q)(2)
of this AD in accordance with Parts A and B of the Accomplishment
Instructions of Shorts Alert Service Bulletin SD360-55-A21, Revision
1, dated March 29, 2007.
(1) Within 30 flight hours after September 15, 2008 (the
effective date of AD 2008-16-09) or within 250 flight hours since
installation of the balance weight brackets of the elevator trim
tabs or since the last inspection required by paragraph (g), (h)(1),
(i)(1), or (m) of this AD, whichever occurs

[[Page 23671]]

later: Do a dye penetrant inspection to detect cracks of the balance
weight brackets of the elevator trim tabs.
(i) If no crack is detected, repeat the dye penetrant inspection
at intervals not to exceed 250 flight hours, until the replacement
required by paragraph (q)(2) of this AD is done.
(ii) If any crack is detected, before further flight, do the
replacement specified in paragraph (q)(2) of this AD.
(2) Before the accumulation of 1,750 flight hours since
installation of the balance weight brackets of the elevator trim
tabs, or within 180 days after September 15, 2008, whichever occurs
later: Replace the balance weight brackets with new balance weight
brackets manufactured in 2005 or later. Thereafter, replace any
balance weight bracket with a new bracket manufactured in 2005 or
later at intervals not to exceed the accumulation of 28,800 flight
hours on that bracket. Accomplishment of the initial replacement
ends the repetitive inspection requirements of this AD.
(r) For airplanes equipped with balance weight brackets of the
elevator trim tabs having part number SD3-31-6213xB inspected in
accordance with paragraph (g), (h)(1), or (i)(1) of this AD and
retained or refitted following approved repair in accordance with
paragraph (j) of this AD: Do the actions specified in paragraphs
(r)(1) and (r)(2) of this AD in accordance with Parts A and B of the
Accomplishment Instructions of Shorts Alert Service Bulletin SD360-
55-20, Revision 2, dated March 29, 2007.
(1) Within 4,800 flight hours since last inspection, or within
180 days after September 15, 2008, whichever occurs later, and
thereafter at intervals not to exceed 4,800 flight hours: Do a dye
penetrant inspection to detect cracks of the balance weight brackets
of the elevator trim tabs.
(i) If no crack is detected, repeat the dye penetrant inspection
at intervals not to exceed 4,800 flight hours, until the replacement
required by paragraph (r)(2) of this AD is done.
(ii) If any crack is detected, before further flight, do the
replacement specified in paragraph (r)(2) of this AD.
(2) Before the accumulation of 28,800 flight hours since any
balance weight bracket of the elevator trim tabs is new, or within
180 days after September 15, 2008, whichever occurs later: Replace
the balance weight brackets with new balance weight brackets
manufactured in 2005 or later. Thereafter, replace any balance
weight bracket with a new bracket manufactured in 2005 or later at
intervals not to exceed the accumulation of 28,800 flight hours on
that bracket. Accomplishment of the initial replacement ends the
repetitive inspection requirements of this AD.

Part Installation

(s) For all airplanes: As of September 15, 2008, no person may
install, on any airplane, a balance weight bracket of the elevator
trim tab manufactured earlier than 2005.

FAA AD Differences

Note 1: This AD differs from the MCAI and/or service information
as follows: No Differences.

Other FAA AD Provisions

(t) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone (425) 227-1175; fax (425) 227-1149.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards 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

(u) Refer to MCAI EASA Airworthiness Directive 2007-0107-E,
dated April 18, 2007, and the service bulletins identified in Table
1 of this AD for related information.

Table 1--Related Service Information
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Document Revision Date
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Short Brothers Alert Service Bulletin SD360-55- Original December 16, 2004.
A21.
Short Brothers Service Bulletin SD360-55-20.... Original June 26, 2003.
Shorts Alert Service Bulletin SD360-55-A21..... 1 March 29, 2007.
Shorts Service Bulletin SD360-55-20............ 1 June 20, 2005.
Shorts Service Bulletin SD360-55-20............ 2 March 29, 2007.
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Issued in Renton, WA, on May 11, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-11709 Filed 5-19-09; 8:45 am]

BILLING CODE 4910-13-P