[Federal Register Volume 70, Number 37 (Friday, February 25, 2005)]
[Rules and Regulations]
[Pages 9212-9215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3268]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20108; Directorate Identifier 2005-NM-006-AD; 
Amendment 39-13985; AD 2005-04-13]
RIN 2120-AA64


Airworthiness Directives; Short Brothers Model SD3-60 Series 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Short Brothers Model SD3-60 series airplanes. This AD requires, for 
certain airplanes, repetitive inspections for cracking of the balance 
weight brackets of the elevator trim tabs, and replacement of any 
cracked bracket with a new or reworked bracket that conforms to the 
approved design standard. This AD also provides for an optional 
terminating action for the repetitive inspections. This AD is prompted 
by reports indicating that balance weight brackets have been found 
cracked on both the left and right elevator trim tabs. We are issuing 
this AD to prevent failure of the balance weight bracket for the 
elevator trim tab, which could cause loss of the balance weight. This 
could result in incorrect trim during takeoff and landing, and reduced 
controllability of the airplane.

DATES: Effective March 14, 2005.
    The incorporation by reference of a certain publication listed in 
the AD is approved by the Director of the Federal Register as of March 
14, 2005.
    We must receive comments on this AD by April 26, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Short 
Brothers, Airworthiness & Engineering Quality, P.O. Box 241, Airport 
Road, Belfast BT3 9DZ, Northern Ireland. You can examine this 
information 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: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street, SW., room PL-
401, on the plaza level of the Nassif Building, Washington, DC. This 
docket number is FAA-2005-20108; the directorate identifier for this 
docket is 2005-NM-006-AD.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington

[[Page 9213]]

98055-4056; telephone (425) 227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: The Civil Aviation Authority (CAA), which is 
the airworthiness authority for the United Kingdom, notified the FAA 
that an unsafe condition may exist on certain Short Brothers Model SD3-
60 series airplanes. The CAA advises that balance weight brackets have 
been found cracked on both the left and right elevator trim tabs. 
Investigation revealed that the cracked brackets do not conform to the 
approved design standard. This nonconformity substantially reduces the 
expected fatigue life of the brackets, causing premature cracking and 
failure. This condition, if not corrected, could lead to loss of the 
balance weight. This could result in incorrect trim during takeoff and 
landing, and reduced controllability of the airplane.

Other Relevant Rulemaking

    We have previously issued AD 2004-13-08, amendment 39-13690 (69 FR 
38813, June 29, 2004). That AD applies to all Short Brothers Model SD3-
60 series airplanes. That AD requires repetitive inspections for 
cracking of the welded joints of the balance weight brackets for the 
elevator trim tabs, and replacement of any cracked bracket with a new 
or serviceable bracket. That AD provides for eventual replacement of 
uncracked brackets as terminating action for the repetitive 
inspections.
    AD 2004-13-08 refers to Short Brothers Service Bulletin SD360-55-
20, dated June 26, 2003, as the applicable source of service 
information for the required actions. CAA notified us that operators 
may have installed the defective balance weight brackets that are the 
subject of this new AD while accomplishing Short Brothers Service 
Bulletin SD360-55-20.

Relevant Service Information

    Short Brothers has issued Alert Service Bulletin SD360-55-A21, 
dated December 16, 2004. Short Brothers Alert Service Bulletin SD360-
55-A21 describes procedures for performing repetitive dye penetrant 
inspections for cracking of the subject balance weight brackets. Short 
Brothers Alert Service Bulletin SD360-55-A21 also describes procedures 
for replacing balance weight brackets with new balance weight brackets 
that conform to the approved design standard, which is mandatory for 
any cracked balance weight bracket. Short Brothers Alert Service 
Bulletin SD360-55-A21 also describes procedures for refitting balance 
weights, covers, and trim tabs following any inspection or replacement. 
Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. The CAA mandated 
Short Brothers Alert Service Bulletin SD360-55-A21 and issued British 
emergency airworthiness directive G-2004-0032, dated December 30, 2004, 
to ensure the continued airworthiness of these airplanes in the United 
Kingdom.

FAA's Determination and Requirements of This AD

    This airplane model is manufactured in the United Kingdom and is 
type certificated for operation in the United States under the 
provisions of Sec.  21.29 of the Federal Aviation Regulations (14 CFR 
21.29) and the applicable bilateral airworthiness agreement. Pursuant 
to this bilateral airworthiness agreement, the CAA has kept the FAA 
informed of the situation described above. We have examined the CAA's 
findings, evaluated all pertinent information, and determined that we 
need to issue an AD for products of this type design that are 
certificated for operation in the United States.
    Therefore, we are issuing this AD to prevent failure of the balance 
weight bracket for the elevator trim tab, which could cause loss of the 
balance weight. This could result in incorrect trim during takeoff and 
landing, and reduced controllability of the airplane. This AD requires, 
for certain airplanes, accomplishing the actions specified in the 
service information described previously, except as discussed under 
``Differences Between the AD and the Service Bulletin.''

Differences Between the AD and the Service Bulletin

    The service bulletin specifies that operators may contact the 
manufacturer for disposition of certain conditions when refitting 
balance weights; for those conditions, this proposed AD would require 
operators to obtain further instructions from the FAA or the CAA (or 
its delegated agent).
    The service bulletin specifies that subject parts must be returned 
to Short Brothers. This AD does not require that action.

Differences Between the AD and the British Emergency Airworthiness 
Directive

    British emergency airworthiness directive G-2004-0032 requires 
replacing all subject balance weight brackets with new or reworked 
brackets that conform to the approved design standard. The British 
emergency airworthiness directive recommends that this replacement be 
accomplished before the accumulation of 1,750 flight hours since 
installation of the balance weight bracket. This AD provides for 
replacement of uncracked subject balance weight brackets as an option 
that, if accomplished, would constitute terminating action for the 
requirements of this AD.
    British emergency airworthiness directive G-2004-0032 applies to 
Model SD3-60 series airplanes on which subject balance weight brackets 
were installed in accordance with the original issue of Short Brothers 
Service Bulletin SD360-55-20. This AD applies to all Model SD3-60 
series airplanes. We have determined it is necessary to include all 
Model SD3-60 series airplanes in the applicability of this AD to ensure 
that no subject balance weight bracket will be installed in the future 
on any Model SD3-60 series airplane.

Interim Action

    We consider this AD interim action. We are currently considering 
requiring the replacement of all subject balance weight brackets with 
new or reworked brackets that conform to the approved design standard, 
which would constitute terminating action for the repetitive 
inspections required by this AD. However, the planned compliance time 
for the replacement would allow enough time to provide notice and 
opportunity for prior public comment on the merits of the modification.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD; therefore, providing notice and opportunity for public comment 
before the AD is issued is impracticable, and good cause exists to make 
this AD effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Send your comments to an 
address listed under ADDRESSES. Include ``Docket No. FAA-2005-20108; 
Directorate Identifier 2005-NM-006-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD. We will consider 
all comments received by the closing date and may amend the AD in light 
of those comments.
    We will post all comments we receive, without change, to http://

[[Page 9214]]

dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this AD. Using the search function of our docket 
Web site, anyone can find and read the comments in any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
You can review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you can visit 
http://dms.dot.gov.

Authority for this Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this 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 that the 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 AD. See the ADDRESSES section for a location to 
examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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 airworthiness 
directive (AD):

2005-04-13 Short Brothers PLC: Amendment 39-13985. Docket No. FAA-
2005-20108; Directorate Identifier 2005-NM-006-AD.

Effective Date

    (a) This AD becomes effective March 14, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Short Brothers Model SD3-60 series 
airplanes, certificated in any category.

Unsafe Condition

    (d) This AD was prompted by reports indicating that balance 
weight brackets have been found cracked on both the left and right 
elevator trim tabs. The FAA is issuing this AD to prevent failure of 
the balance weight bracket for the elevator trim tab, which could 
cause loss of the balance weight. This could result in incorrect 
trim during takeoff and landing, and reduced controllability of the 
airplane.

Compliance

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

Service Bulletin Reference

    (f) The following information applies to the service bulletin 
referenced in this AD:
    (1) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of Short Brothers Alert Service Bulletin 
SD360-55-A21, dated December 16, 2004.
    (2) Although the service bulletin specifies to return subject 
parts to the manufacturer, this AD does not include that 
requirement.

Repetitive Inspections

    (g) 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 the effective date of this AD, 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 the 
service bulletin.
    (1) For a balance weight bracket on which no cracking is found: 
Do paragraph (i) of this AD, and repeat the inspection thereafter at 
intervals not to exceed 250 flight hours until paragraph (h) 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 the service bulletin, and do paragraph (i) of 
this AD.

Optional Terminating Action

    (h) 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 service bulletin, constitutes terminating action for the 
repetitive inspections required by paragraph (g) of this AD for the 
replaced bracket.

Refitting

    (i) 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 this AD: Refit the balance weights, covers, and trim tabs, in 
accordance with the service bulletin. Where the service bulletin 
specifies to contact the manufacturer for disposition of certain 
conditions while refitting, obtain further disposition instructions 
from the Manager, International Branch, ANM-116, FAA, Transport 
Airplane Directorate; or the Civil Aviation Authority (CAA) (or its 
delegated agent).

Parts Installation

    (j) For all airplanes: As of the effective date of this AD, 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).

Alternative Methods of Compliance (AMOCs)

    (k) The Manager, International Branch, ANM-116, has the 
authority to approve AMOCs for this AD, if requested in accordance 
with the procedures found in 14 CFR 39.19.

Related Information

    (l) British emergency airworthiness directive G-2004-0032, dated 
December 30, 2004, also addresses the subject of this AD.

[[Page 9215]]

Material Incorporated by Reference

    (m) You must use Short Brothers Alert Service Bulletin SD360-55-
A21, dated December 16, 2004, to perform the actions that are 
required by this AD, unless the AD specifies otherwise. The Director 
of the Federal Register approves the incorporation by reference of 
this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
For copies of the service information, contact Short Brothers, 
Airworthiness & Engineering Quality, P.O. Box 241, Airport Road, 
Belfast BT3 9DZ, Northern Ireland. You can review copies at the 
Docket Management Facility, U.S. Department of Transportation, 400 
Seventh Street SW, room PL-401, Nassif Building, Washington, DC; 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 http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on February 11, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-3268 Filed 2-24-05; 8:45 am]
BILLING CODE 4910-13-P