[Federal Register Volume 70, Number 106 (Friday, June 3, 2005)]
[Proposed Rules]
[Pages 32537-32540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11059]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21344; Directorate Identifier 2004-NM-190-AD]
RIN 2120-AA64


Airworthiness Directives; Short Brothers Model SD3 Series 
Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to all Short Brothers Model SD3-30 and SD3-
60 series airplanes equipped with certain fire extinguishers. The 
existing AD currently requires replacement of the covers for fire 
extinguisher adapter assemblies that are installed on certain bulkheads 
with new covers that swivel to lock the extinguishers in place; and 
replacement of nozzles and triggers on these fire extinguishers with 
better fitting nozzles and stronger triggers. The existing AD also 
currently requires the installation of new fire extinguisher point 
placards and a revision of the Airplane Flight Manual (AFM) to instruct 
the flightcrew in the use of the new covers for these adapter 
assemblies. This proposed AD would also require modification of the 
fire extinguishing point adapter assembly of the forward and aft 
baggage bays as applicable. This proposed AD also would add airplanes 
to the applicability. For these new airplanes, this proposed AD would 
require a revision to the AFM for instructions on using the new fire 
extinguisher adapter. This proposed AD is prompted by reports of 
individuals experiencing fire extinguishant blowback when the 
extinguishant discharges through the fire extinguishing point adapters. 
We are proposing this AD to prevent fire extinguishant blowback, which 
could result in injury to a person using the fire extinguisher in the 
event of a fire.

DATES: We must receive comments on this proposed AD by July 5, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed 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 proposed AD, contact 
Short Brothers, Airworthiness & Engineering Quality, P.O. Box 241, 
Airport Road, Belfast BT3 9DZ, Northern Ireland.
    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-2005-21344; the directorate identifier for this docket is 
2004-NM-190-AD.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-21344; 
Directorate Identifier 2004-NM-190-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments received by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal

[[Page 32538]]

information you provide. We will also post a report summarizing each 
substantive verbal contact with FAA personnel concerning this proposed 
AD. Using the search function of 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.

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.

Discussion

    On April 22, 1998, we issued AD 98-09-28, amendment 39-10509 (63 FR 
24387, May 4, 1998), for all Shorts Model SD3-30 and SD3-60 series 
airplanes equipped with certain fire extinguishers. That AD requires 
replacement of the covers for fire extinguisher adapter assemblies that 
are installed on certain bulkheads with new covers that swivel to lock 
the extinguishers in place; and replacement of nozzles and triggers on 
these fire extinguishers with better fitting nozzles and stronger 
triggers. That AD also requires the installation of new fire 
extinguisher point placards and a revision of the airplane flight 
manual to instruct the flightcrew in the use of the new covers for 
these adapter assemblies. That AD was prompted by reports that these 
fire extinguishers are not discharging properly because they do not fit 
correctly with the adapter, and that triggers on these extinguishers 
are failing. We issued that AD to ensure that, in the event of fire in 
the baggage bay, extinguishing agent is properly distributed within 
this area, and portable extinguishers operate properly; and to prevent 
injury to crew and passengers when a portable extinguisher is 
discharged.

Actions Since Existing AD Was Issued

    Since we issued the AD, the Civil Aviation Authority (CAA), which 
is the airworthiness authority for the United Kingdom, notified us that 
the unsafe condition of AD 98-09-28 may still exist on all Short 
Brothers Model SD3-30 and SD3-60 series airplanes and also may exist on 
all Model SD3-60 SHERPA and SD3-SHERPA series airplanes. The CAA 
advises that, while fighting fires in the forward and aft baggage bays, 
individuals have reported experiencing fire extinguishant blowback when 
the extinguishant discharges through the fire extinguishing point 
adapters. Because the nozzle of the extinguisher and the adapter do not 
fit together correctly, the extinguishant is ``blown back'' into the 
forward and aft baggage bays. Fire extinguishant blowback, when 
discharging through the fire extinguishing point adapters, if not 
prevented, could result in injury to a person using the fire 
extinguisher in the event of a fire.

Relevant Service Information

    Shorts has issued the following service bulletins.

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            Model                           Shorts service bulletin                            Date
----------------------------------------------------------------------------------------------------------------
SD3-30 series airplanes.....  SD330-26-15.......................................  May 29, 2002.
SD3-60 series airplanes.....  SD360-26-13.......................................  May 29, 2002.
SD3-60 SHERPA series          SD360 Sherpa-26-1.................................  May 29, 2002.
 airplane.
SD3-SHERPA series airplanes.  SD3 Sherpa-26-3...................................  May 29, 2002.
----------------------------------------------------------------------------------------------------------------

The service bulletins describe procedures for modifying the fire 
extinguishing point adapter assembly of the forward and aft baggage 
bays, as applicable. The modification includes the following 
procedures:
     Removing the existing cover and O-ring of the fire 
extinguishing point adapter assembly of the forward and aft baggage 
bays, as applicable.
     Installing a new flexible adapter insert in the fire 
extinguishing point adapter assembly.
     Fitting new instruction labels.

Shorts has also issued the following AFM revisions for instructions on 
using the new fire extinguisher adapter:
     Short Brothers Document No. SB.6.2, Amendment P/5, dated 
February 6, 2002 (for Model SD3-60 SHERPA series airplanes); and
     Short Brothers Document No. SB.5.2, Amendment P/7, dated 
February 6, 2002 (for Model SD3-SHERPA series airplanes).
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. The CAA mandated 
the service information and issued British airworthiness directives 
005-05-2002, 006-05-2002, 007-05-2002, and 008-05-2002, to ensure the 
continued airworthiness of these airplanes in the United Kingdom.

FAA's Determination and Requirements of the Proposed AD

    These airplane models are manufactured in the United Kingdom and 
are type certificated for operation in the United States under the 
provisions of section 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 AD 
action is necessary for airplanes of this type design that are 
certificated for operation in the United States.
    This proposed AD would supersede AD 98-09-28. This proposed AD 
would retain the requirements of the existing AD. This proposed AD 
would also require modifying the fire extinguishing point adapter 
assembly of the forward and aft baggage bays as applicable; and, for 
certain airplanes, revising the Limitations section of the AFM for 
instructions on using the new fire extinguisher adapter.

Change to Existing AD

    This proposed AD would retain all requirements of AD 98-09-28. 
Since AD 98-09-28 was issued, the AD format has been revised, and 
certain paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this proposed AD, as listed in 
the following table:

[[Page 32539]]



                      Revised Paragraph Identifiers
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                                            Corresponding requirement in
        Requirement in AD 98-09-28                this proposed AD
------------------------------------------------------------------------
paragraph (a).............................  paragraph (f).
paragraph (b).............................  paragraph (g).
paragraph (c).............................  paragraph (h).
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Costs of Compliance

    This proposed AD would affect about 75 airplanes of U.S. registry.
    The actions that are required by AD 98-09-28 and retained in this 
proposed AD take about between 9 and 14 work hours per airplane, 
depending on airplane configuration, at an average labor rate of $65 
per work hour. Required parts cost about between $735 and $776 per 
airplane, depending on airplane configuration. Based on these figures, 
the estimated cost of the currently required actions is between $1,320 
and $1,686 per airplane.
    The new proposed actions would take about 1 work hour per airplane, 
at an average labor rate of $65 per work hour. Based on these figures, 
the estimated cost of the new actions specified in this proposed AD for 
U.S. operators is $4,875, or $65 per airplane.

Authority for This Rulemaking

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

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing amendment 39-10509 (63 FR 
24387, May 4, 1998) and adding the following new airworthiness 
directive (AD):

Short Brothers PLC: Docket No. FAA-2005-21344; Directorate 
Identifier 2004-NM-190-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by July 5, 2005.

Affected ADs

    (b) This AD supersedes AD 98-09-28, amendment 39-10509 (63 FR 
24387, May 4, 1998).

Applicability

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

Unsafe Condition

    (d) This AD was prompted by reports of individuals experiencing 
fire extinguishant blowback when the extinguishant discharges 
through the fire extinguishing point adapters. We are issuing this 
AD to prevent fire extinguishant blowback, which could result in 
injury to a person using the fire extinguisher in the event of a 
fire.

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.

Requirements of AD 98-09-28

Install New Covers

    (f) For Model SD3-30 and SD3-60 series airplanes equipped with 
Fire Fighting Enterprises (U.K.) Ltd. fire extinguishers: Within 6 
months after June 8, 1998 (the effective date of AD 98-09-28), 
install a new cover on each fire extinguisher adapter assembly on 
bulkheads between the passenger cabin and aft and/or forward baggage 
bay, in accordance with Shorts Service Bulletin SD330-26-14, dated 
September 1994 (for Shorts Model SD3-30 series airplanes), or Shorts 
Service Bulletin SD360-26-11, dated July 1994 (for Shorts Model SD3-
60 series airplanes), as applicable.

Install Placards and Revise the Airplane Flight Manual (AFM)

    (g) For Model SD3-30 and SD3-60 series airplanes equipped with 
Fire Fighting Enterprises (U.K.) Ltd. fire extinguishers: Prior to 
further flight after accomplishing the actions required by paragraph 
(f) of this AD, accomplish both paragraphs (g)(1) and (g)(2) of this 
AD:
    (1) Install new fire extinguisher point placards, in accordance 
with Shorts Service Bulletin SD330-26-14, dated September 1994 (for 
Shorts Model SD3-30 series airplanes), or Shorts Service Bulletin 
SD360-26-11, dated July 1994 (for Shorts Model SD3-60 series 
airplanes), as applicable. And
    (2) Revise the Limitations section of the FAA-approved AFM, in 
accordance with Note 1 of Paragraph 1.C. of Shorts Service Bulletin 
SD330-26-14, dated September 1994 (for Shorts Model SD3-30 series 
airplanes), or Shorts Service Bulletin SD360-26-11, dated July 1994 
(for Shorts Model SD3-60 series airplanes), as applicable.

Corrective Actions for Fire Extinguishers with Certain Part Numbers

    (h) For Model SD3-30 and SD3-60 series airplanes equipped with 
fire extinguishers having part number (P/N) BA51012SR-3 or 
BA51012SR: Within 6 months after June 8, 1998, accomplish either 
paragraph (h)(1) or (h)(2) of this AD:
    (1) Install a chamfered nozzle on the discharge head assembly of 
each fire extinguisher and add a new trigger by replacing the 
discharge head assembly with a new discharge head assembly, having 
P/N BA22988-3, in accordance with Fire Fighting Enterprises (U.K.) 
Ltd. Service Bulletin 26-107, Revision 1, dated November 2, 1992.

 Or

    (2) Replace the trigger on the discharge head assembly of each 
fire extinguisher with a new trigger, in accordance with Fire 
Fighting Enterprises (U.K.) Ltd. Service Bulletin 26-108, dated 
September 1992. After replacement, install a chamfered nozzle on the 
discharge head assembly of each fire extinguisher by reworking the 
discharge head assembly in accordance with Fire Fighting Enterprises 
(U.K.) Ltd. Service Bulletin 26-107, Revision 1, dated November 2, 
1992.

[[Page 32540]]

New Requirements of This AD

Modify the Fire Extinguishing Point Adapter Assembly

    (i) For Model SD3 series airplanes equipped with Fire Fighting 
Enterprises (U.K.) Ltd. fire extinguishers: Within 3 months after 
the effective date of this AD, modify the fire extinguishing point 
adapter assembly of the forward and aft baggage bays, as applicable, 
by doing all of the actions specified in the Accomplishment 
Instructions of Shorts Service Bulletin SD330-26-15, dated May 29, 
2002 (for Model SD3-30 series airplanes); Shorts Service Bulletin 
SD360-26-13, dated May 29, 2002 (for Model SD3-60 series airplanes); 
Shorts Service Bulletin SD360 Sherpa-26-1, dated May 29, 2002 (for 
Model SD3-60 SHERPA series airplane); or Shorts Service Bulletin SD3 
Sherpa-26-3, dated May 29, 2002 (for Model SD3-SHERPA series 
airplanes); as applicable.

Revise AFM of Certain Airplanes

    (j) For Model SD3-60 SHERPA and SD3-SHERPA series airplanes 
equipped with Fire Fighting Enterprises (U.K.) Ltd. fire 
extinguishers: Before further flight after accomplishing the 
modification required by paragraph (i) of this AD, revise the 
Limitations section of the AFM by inserting into the AFM a copy of 
Short Brothers Document No.SB.6.2, Amendment P/5, dated February 6, 
2002 (for Model SD3-60 SHERPA series airplanes); or Short Brothers 
Document No.SB.5.2, Amendment P/7, dated February 6, 2002 (for Model 
SD3-SHERPA series airplanes); as applicable.

Alternative Methods of Compliance (AMOCs)

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

Related Information

    (l) British airworthiness directives 005-05-2002, 006-05-2002, 
007-05-2002, and 008-05-2002 also address the subject of this AD.

    Issued in Renton, Washington, on May 26, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-11059 Filed 6-2-05; 8:45 am]
BILLING CODE 4910-13-P