[Federal Register Volume 75, Number 149 (Wednesday, August 4, 2010)]
[Proposed Rules]
[Pages 46864-46868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19172]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0225; Directorate Identifier 2009-NM-203-AD]
RIN 2120-AA64
Airworthiness Directives; Short Brothers PLC Model SD3 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
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SUMMARY: We are revising an earlier NPRM for the products listed above.
This action revises the earlier NPRM by expanding the scope. 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:
Subsequent to accidents involving Fuel Tank System explosions in
flight * * * and on ground, * * * Special Federal Aviation
Regulation 88 (SFAR88) * * * required a safety review of the
aircraft Fuel Tank System * * *.
* * * * *
Fuel Airworthiness Limitations are items arising from a systems
safety analysis that have been shown to have failure mode(s)
associated with an `unsafe condition' * * *. These are identified in
Failure Conditions for which an unacceptable probability of ignition
risk could exist if specific tasks and/or practices are not
performed in accordance with the manufacturers' requirements.
* * * * *
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 August 30, 2010.
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 [email protected]; 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.
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-2010-0225;
Directorate Identifier 2009-NM-203-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
We proposed to amend 14 CFR part 39 with an earlier NPRM for the
specified products, which was published in the Federal Register on
March 15, 2010 (75 FR 12154). That earlier NPRM proposed to supersede
AD 2006-12-18, Amendment 39-14644 (71 FR 34801, June 16, 2006), to
require actions intended to address the unsafe condition for the
products listed above. Since that NPRM was issued, we have determined
that the original NPRM did not include all the relevant service
information for the affected airplanes.
Relevant Service Information
Bombardier has issued the temporary revisions (TRs) listed in the
following table.
[[Page 46865]]
Table--AMM Temporary Revisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shorts temporary
Model-- revision-- Dated-- To the maintenance manual (MM)--
--------------------------------------------------------------------------------------------------------------------------------------------------------
SD3-30 airplanes.................... TR330-AMM-35........... June 6, 2006................................ Shorts SD3-30 MM.
SD3-30 airplanes.................... TR330-AMM-36........... June 6, 2006................................ Shorts SD3-30 MM.
SD3-SHERPA airplanes................ TRSD3S-AMM-36.......... June 19, 2006............................... Shorts SD3[dash]SHERPA MM.
SD3-SHERPA airplanes................ TRSD3S-AMM-37.......... June 19, 2006............................... Shorts SD3[dash]SHERPA MM.
SD3-60 SHERPA airplanes............. TRSD360S-AMM-35........ June 27, 2006............................... Shorts SD3-60 Sherpa MM.
SD3-60 SHERPA airplanes............. TRSD360S-AMM-36........ June 27, 2006............................... Shorts SD3-60 Sherpa MM.
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The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.
Comments
We have considered the following comments received on the earlier
NPRM.
Request To Include Additional Service Information
Bombardier requests that we add the TRs specified in the previous
table to Table 3 of the NPRM.
We agree and have revised this supplemental NPRM accordingly.
Request To Revise Costs of Compliance
Bombardier requests that we revise the costs of compliance to
account for any Model SD3-30 airplanes.
We agree that clarification may be necessary. The Costs of
Compliance section accounts for 54 U.S.-registered airplanes, all of
which are operated as transport category airplanes, not military
airplanes.
Request To Remove Reference to Fuselage Pressure Shell
Bombardier requests that we revise paragraph (h) of the NPRM to
remove reference to ``longitudinal skin joints in the fuselage pressure
shell.'' Bombardier notes that this statement is erroneous because the
Model SD3 airplanes are not pressurized.
We agree with the request and have removed ``pressure'' from the
statement from paragraph (h) of this supplemental NPRM.
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.
Certain changes described above expand the scope of the earlier
NPRM. As a result, we have determined that it is necessary to reopen
the comment period to provide additional opportunity for the public to
comment on this proposed AD.
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 54 products of U.S. registry.
The actions that are required by AD 2006-12-18 and retained in this
proposed AD take about 41 work-hours per product, at an average labor
rate of $85 per work hour. Required parts cost about $10 per product.
Based on these figures, the estimated cost of the currently required
actions is $3,485 per product.
We estimate that it would take about 1 work-hour per product to
comply with the new basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of the proposed AD on U.S. operators to be $4,590, or $85 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,
[[Page 46866]]
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 adding the following new AD:
Short Brothers PLC: Docket No. FAA-2010-0225; Directorate Identifier
2009-NM-203-AD.
Comments Due Date
(a) We must receive comments by August 30, 2010.
Affected ADs
(b) This AD supersedes AD 2006-12-18, Amendment 39-14644.
Applicability
(c) This AD applies to all Short Brothers PLC 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 (l) 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.
Subject
(d) Air Transport Association (ATA) of America Code 28: Fuel.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
Subsequent to accidents involving Fuel Tank System explosions in
flight * * * and on ground, the FAA published Special Federal
Aviation Regulation 88 (SFAR88) in June 2001. SFAR 88 required a
safety review of the aircraft Fuel Tank System to determine that the
design meets the requirements of FAR [Federal Aviation Regulation]
Sec. 25.901 and Sec. 25.981(a) and (b).
A similar regulation has been recommended by the JAA [Joint
Aviation Authorities] to the European National Aviation Authorities
in JAA letter 04/00/02/07/03-L024 of 3 February 2003. The review was
requested to be mandated by NAA's [National Airworthiness
Authorities] using JAR [Joint Aviation Requirement] Sec. 25.901(c),
Sec. 25.1309.
In August 2005 EASA [European Aviation Safety Agency] published
a policy statement on the process for developing instructions for
maintenance and inspection of Fuel Tank System ignition source
prevention (EASA D 2005/CPRO, http://www.easa.eu.int/home/cert_policy_statements_en.html) that also included the EASA
expectations with regard to compliance times of the corrective
actions on the unsafe and the not unsafe part of the harmonised
design review results. On a global scale the TC [type certificate]
holders committed themselves to the EASA published compliance dates
(see EASA policy statement). The EASA policy statement has been
revised in March 2006: The date of 31-12-2005 for the unsafe related
actions has now been set at 01-07-2006.
Fuel Airworthiness Limitations are items arising from a systems
safety analysis that have been shown to have failure mode(s)
associated with an `unsafe condition' as defined in FAA's memo 2003-
112-15 `SFAR 88--Mandatory Action Decision Criteria'. These are
identified in Failure Conditions for which an unacceptable
probability of ignition risk could exist if specific tasks and/or
practices are not performed in accordance with the manufacturers'
requirements.
This EASA Airworthiness Directive mandates the Fuel System
Airworthiness Limitations, comprising maintenance/inspection tasks
and Critical Design Control Configuration Limitations (CDCCL) for
the type of aircraft, that resulted from the design reviews and the
JAA recommendation and EASA policy statement mentioned above.
Revision History: PAD [proposed airworthiness directive] 06-
018R1 has been issued to endorse comments received for PAD 06-018
and due to the change of the EASA policy statement on fuel tank
safety on March 2006.
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 2006-12-18, With Revised Service
Information
Revision of Airplane Flight Manual (AFM) With Additional AFM References
in Table 1 of This AD
(g) Within 30 days after July 21, 2006 (the effective date of AD
2006-12-18), revise the Limitations and Normal Procedures sections
of the AFMs as specified in Table 1 of this AD to include the
information in the applicable Shorts advance amendment bulletins as
specified in Table 1 of this AD. The advance amendment bulletins
address operation during icing conditions and fuel system failures.
Thereafter, operate the airplane according to the limitations and
procedures in the applicable advance amendment bulletin.
Note 2: The requirements of paragraph (g) of this AD may be done
by inserting a copy of the applicable advance amendment bulletin
into the AFM. When the applicable advance amendment 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
----------------------------------------------------------------------------------------------------------------
Shorts Advance
Airplane Model-- Amendment Bulletin-- AFM--
----------------------------------------------------------------------------------------------------------------
SD3-30 airplanes................ 1/2004, dated July SBH.3.2, SBH.3.3, SBH.3.6, SBH.3.7, SBH.3.8, and SB.3.9.
13, 2004.
SD3-60 airplanes................ 1/2004, dated July SB.4.3, SB.4.6, and SB.4.8.
13, 2004.
SD3-60 SHERPA airplanes......... 1/2004, dated July SB.5.2 or 6.2.
13, 2004.
SD3-SHERPA airplanes............ 1/2004, dated July SB.6.2 or 5.2.
13, 2004.
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Revision of Airworthiness Limitation (AWL) Section
(h) Within 180 days after July 21, 2006: Revise the AWL section
of the Instructions for Continued Airworthiness by incorporating
airplane maintenance manual (AMM) Sections 5-20-01 and 5-20-02 as
introduced by the Shorts temporary revisions (TR) specified in Table
2 of this AD into the AWL section of the AMMs for the airplane
models specified in Table 2 of this AD, except as required by
paragraph (j) of this AD. Thereafter, except as provided by
paragraph (l)(1) of this AD, no alternative structural inspection
intervals may be approved for the longitudinal skin joints in the
fuselage shell.
Note 3: The requirements of paragraph (h) 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.
[[Page 46867]]
Table 2--AMM Temporary Revisions
----------------------------------------------------------------------------------------------------------------
Temporary revision--
Airplane model-- Dated-- AMM--
----------------------------------------------------------------------------------------------------------------
SD3-30 airplanes................. TR330-AMM-13........ June 21, 2004...... SD3-30 AMM.
SD3-30 airplanes................. TR330-AMM-14........ June 21, 2004...... SD3-30 AMM.
SD3-60 airplanes................. TR360-AMM-33........ July 27, 2004...... SD3-60 AMM.
SD3-60 airplanes................. TR360-AMM-34........ July 27, 2004...... SD3-60 AMM.
SD3-60 SHERPA airplanes.......... TRSD360S-AMM-14..... July 29, 2004...... SD3-60 SHERPA AMM.
SD3-60 SHERPA airplanes.......... TRSD360S-AMM-15..... July 29, 2004...... SD3-60 SHERPA AMM.
SD3-SHERPA airplanes............. TRSD3S-AMM-15....... July 28, 2004...... SD3 SHERPA AMM.
SD3-SHERPA airplanes............. TRSD3S-AMM-16....... July 28, 2004...... SD3 SHERPA AMM.
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Resistance Check, Inspection, and Jumper Installation
(i) Within 180 days after July 21, 2006: 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 defect or damage is
discovered during any inspection or check required by this AD,
before further flight, repair the defect or damage using a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; the Civil Aviation Authority (CAA) (or
its delegated agent); or EASA (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.''
New Requirements of This AD
Revision of AWL Section: New Limitations and CDCCLs
(j) Within 90 days after the effective date of this AD: Revise
the AWL section of the Instructions for Continued Airworthiness by
incorporating aircraft maintenance manual (AMM) Sections 5-20-01 and
5-20-02 as introduced by the Bombardier and Shorts temporary
revisions (TRs) specified in Table 3 of this AD into the AWL section
of the AMMs for the airplane models specified in Table 3 of this AD.
Doing this revision terminates the requirement to incorporate the
temporary revisions specified in paragraph (h) of this AD. After
doing this revision the temporary revisions required by paragraph
(h) of this AD may be removed.
Table 3--AMM Temporary Revisions
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Model-- Temporary revision -- Dated-- To this AMM--
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SD3-30 airplanes..................... Shorts TR TR330-AMM-35.. June 6, 2006............ Shorts SD3-30 Maintenance Manual (MM).
SD3-30 airplanes..................... Shorts TR TR330-AMM-36.. June 6, 2006............ Shorts SD3-30 MM.
SD3-60 airplanes..................... Bombardier TR TR360-AMM- November 11, 2005....... Bombardier SD3-60 AMM.
55.
SD3-60 airplanes..................... Bombardier TR TR360-AMM- November 11, 2005....... Bombardier SD3-60 AMM.
56.
SD3-60 SHERPA airplanes.............. Shorts TR TRSD360S-AMM- June 27, 2006........... Shorts SD3-60 Sherpa MM.
35.
SD3-60 SHERPA airplanes.............. Shorts TR TRSD360S-AMM- June 27, 2006........... Shorts SD3-60 Sherpa MM.
36.
SD3-SHERPA airplanes................. Shorts TR TRSD3S-AMM-36. June 19, 2006........... Shorts SD3-SHERPA MM.
SD3-SHERPA airplanes................. Shorts TR TRSD3S-AMM-37. June 19, 2006........... Shorts SD3-SHERPA MM.
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Note 5: The requirements of paragraph (j) 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.
(k) After accomplishing the actions specified in paragraph (j)
of this AD, no alternative inspections, inspection intervals, or
CDCCLs may be used unless the inspections, intervals, or CDCCLs are
approved as an alternative method of compliance (AMOC), in
accordance with the procedures specified in paragraph (l) of this
AD.
Explanation of CDCCL Requirements
Note 6: Notwithstanding any other maintenance or operational
requirements, components that have been identified as airworthy or
installed on the affected airplanes before the revision of the AMM,
as required by paragraph (h) or (j) of this AD, do not need to be
reworked in accordance with the CDCCLs. However, once the AMM has
been revised, future maintenance actions on these components must be
done in accordance with the CDCCLs.
FAA AD Differences
Note 7: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(l) 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.
The AMOC approval letter must specifically reference this AD.
(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 (44
U.S.C. 3501 et seq.), the Office of
[[Page 46868]]
Management and Budget (OMB) has approved the information collection
requirements and has assigned OMB Control Number 2120-0056.
Related Information
(m) Refer to MCAI EASA Airworthiness Directive 2006-0198, dated
July 11, 2006; Shorts Service Bulletins SD330-28-37, SD360-28-23,
SD360 SHERPA-28-3, and SD3 SHERPA-28-2, all dated June 2004; and the
service information listed in Tables 1, 2, and 3 of this AD; for
related information.
Issued in Renton, Washington, on July 26, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-19172 Filed 8-3-10; 8:45 am]
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