[Federal Register Volume 71, Number 70 (Wednesday, April 12, 2006)]
[Proposed Rules]
[Pages 18686-18689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5357]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 71, No. 70 / Wednesday, April 12, 2006 / 
Proposed Rules  

[[Page 18686]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-23173; Directorate Identifier 2005-NM-190-AD]
RIN 2120-AA64


Airworthiness Directives; Short Brothers Model SD3 Airplanes

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

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

-----------------------------------------------------------------------

SUMMARY: The FAA is revising an earlier NPRM for an airworthiness 
directive (AD) that applies to all Short Brothers Model SD3 airplanes. 
The original NPRM would have required installing additional fuel tank 
bonding jumpers, performing an in-place resistance check of the float 
switches, inspecting certain internal components of the fuel tanks, and 
performing related corrective actions if necessary. The original NPRM 
would have also required revisions to the Airworthiness Limitations 
section of the Instructions for Continued Airworthiness, and to the 
airplane flight manual procedures for operation during icing conditions 
and fuel system failures. The original NPRM resulted from fuel system 
reviews conducted by the manufacturer. This action revises the original 
NPRM by adding service information. We are proposing this supplemental 
NPRM to prevent ignition sources inside the fuel tanks, which could 
lead to fire or explosion.

DATES: We must receive comments on this supplemental NPRM by May 8, 
2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this supplemental NPRM.
     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.
    Contact Short Brothers, Airworthiness & Engineering Quality, P.O. 
Box 241, Airport Road, Belfast BT3 9DZ, Northern Ireland, for service 
information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this supplemental NPRM. Send your comments to an 
address listed in the ADDRESSES section. Include the docket number 
``FAA-2005-23173; Directorate Identifier 2005-NM-190-AD'' at the 
beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
supplemental NPRM. We will consider all comments received by the 
closing date and may amend this supplemental NPRM in light of those 
comments.
    We will post all comments submitted, without change, to http://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 supplemental NPRM. Using the search function 
of that 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 may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.

Examining the Docket

    You may 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 in the Nassif Building at the DOT 
street address stated in ADDRESSES. Comments will be available in the 
AD docket shortly after the Docket Management System receives them.

Discussion

    We proposed to amend 14 CFR part 39 with a notice of proposed 
rulemaking (NPRM) for an airworthiness directive (AD) (the ``original 
NPRM''). The original NPRM applies to all Short Brothers Model SD3 
airplanes. The original NPRM was published in the Federal Register on 
December 5, 2005 (70 FR 72406). The original NPRM proposed to require 
installing additional fuel tank bonding jumpers, performing an in-place 
resistance check of the float switches, inspecting certain internal 
components of the fuel tanks, and performing related corrective actions 
if necessary. The original NPRM also proposed to require revisions to 
the Airworthiness Limitations section of the Instructions for Continued 
Airworthiness, and to the airplane flight manual procedures for 
operation during icing conditions and fuel system failures.
    Since the original NPRM was issued, Short Brothers has issued three 
additional temporary revisions (TRs) to the airworthiness limitations 
section of the aircraft maintenance manuals (AMMs) of the affected 
airplanes. In addition, we have been informed that a fourth TR was 
issued that was not addressed by British airworthiness directive G-004-
0021, dated August 25, 2004, which was referenced as the parallel 
British airworthiness directive in the original NPRM.

Relevant Service Information

    Short Brothers has issued Service Bulletins SD3 SHERPA-28-2, SD360 
SHERPA-28-3, SD330-28-37, and SD360-28-23; all dated June 2004. The 
service bulletins describe procedures for installing additional bonding 
jumpers

[[Page 18687]]

between the vent pipes of both fuel tanks and the airplane structure; 
for performing an in-place resistance check of the fuel tank float 
switches; for inspecting the condition of certain sensor cables and 
cable supports inside the fuel tanks; for inspecting the integrity of 
the existing bonding of certain vent pipes inside the forward fuel 
tank; and for performing applicable corrective actions. Corrective 
actions include replacing defective float switches with new, 
reconditioned, or serviceable float switches, and repairing damaged 
sensor cables, cable supports, and existing vent pipe bonding.
    Short Brothers has issued Advance Amendment Bulletin 1/2004, dated 
July 13, 2004, applicable to Shorts airplane flight manuals having Doc. 
Nos. SB.4.3, SB.4.6, SB.4.8, SB.5.2, SB.6.2, SBH.3.2, SBH.3.3, SBH.3.6, 
SBH.3.7, SBH.3.8, and SBH.3.9. The advance amendment bulletin describes 
revisions needed to meet the requirements of FAA SFAR 88 and/or CAA 
Airworthiness Notice AN55; the revisions affect sections of the flight 
manuals applicable to operation during icing conditions and fuel system 
failures.
    Short Brothers has issued TRs to the airworthiness limitations 
section of the aircraft maintenance manuals (AMM) of the affected 
airplanes, as shown in the following table. The TRs address 
airworthiness limitations to certain components of the fuel tank system 
installations.

                                             AMM Temporary Revisions
----------------------------------------------------------------------------------------------------------------
          Airplane model               Temporary revision               Dated                    To AMM
----------------------------------------------------------------------------------------------------------------
SD3-30............................  TR330-AMM-13............  June 21, 2004...........  SD3-30 AMM.
SD3-30............................  TR330-AMM-14............  June 21, 2004...........  SD3-30 AMM.
SD3-60............................  TR360-AMM-33............  July 27, 2004...........  SD3-60 AMM.
SD3-60............................  TR360-AMM-34............  July 27, 2004...........  SD3-60 AMM.
SD3-60 SHERPA.....................  TRSD360S-AMM-14.........  July 29, 2004...........  SD3-60 SHERPA AMM.
SD3-60 SHERPA.....................  TRSD360S-AMM-15.........  July 29, 2004...........  SD3-60 SHERPA AMM.
SD3-SHERPA........................  TRSD3S-AMM-15...........  July 28, 2004...........  SD3-SHERPA AMM.
SD3-SHERPA........................  TRSD3S-AMM-16...........  July 28, 2004...........  SD3-SHERPA AMM.
----------------------------------------------------------------------------------------------------------------

    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 directive G-
2004-0021 R1, dated September 15, 2004, to ensure the continued 
airworthiness of these airplanes in the United Kingdom. Paragraph (j) 
of this supplemental NPRM has been revised accordingly.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We received no comments on the original NPRM or 
on the determination of the cost to the public.

FAA's Determination and Proposed Requirements of the Supplemental NPRM

    The changes discussed above expand the scope of the original NPRM; 
therefore, we have determined that it is necessary to reopen the 
comment period to provide additional opportunity for public comment on 
this proposed AD. Therefore, we are issuing this supplemental NPRM, 
which would require accomplishing the actions specified in the service 
information described previously, except as discussed under 
``Difference Between the Proposed AD and Service Information.''

Difference Between Proposed AD and Service Information

    The service bulletins specify to contact the manufacturer for 
instructions on how to repair certain conditions, but this proposed AD 
would require repairing those conditions using a method that we or the 
CAA (or its delegated agent) approve. In light of the type of repair 
that would be required to address the unsafe condition, and consistent 
with existing bilateral airworthiness agreements, we have determined 
that, for this proposed AD, a repair we or the CAA approve would be 
acceptable for compliance with this proposed AD.

Clarification of Inspection Terminology

    In this proposed AD, the ``visual inspection'' specified in the 
Shorts service bulletins is referred to as a ``general visual 
inspection.'' We have included the definition for a general visual 
inspection in a note in the proposed AD.

Change to Work Hour Rate

    After the original NPRM was issued, we reviewed the figures we have 
used over the past several years to calculate AD costs to operators. To 
account for various inflationary costs in the airline industry, we find 
it necessary to increase the labor rate used in these calculations from 
$65 per work hour to $80 per work hour. The cost impact information, 
below, reflects this increase in the specified hourly labor rate.

Costs of Compliance

    This supplemental NPRM would affect about 54 airplanes of U.S. 
registry. The average labor rate is estimated to be $80 per work hour.
    The proposed revisions to the AFM and AMM would take about 1 work 
hour per airplane. Based on these figures, the estimated cost of the 
proposed revisions for U.S. operators is $4,320, or $80 per airplane.
    The proposed resistance check, inspections, and jumper 
installations, would take about 40 work hours per airplane. Required 
parts would cost about $10 per airplane. Based on these figures, the 
estimated cost of these proposed actions for U.S. operators is 
$173,340, or $3,210 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.

[[Page 18688]]

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 supplemental NPRM and placed it in the AD docket. 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):
Short Brothers PLC: Docket No. FAA-2005-23173; Directorate 
Identifier 2005-NM-190-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by May 8, 
2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Shorts Model SD3-60 SHERPA, SD3-
SHERPA, SD3-30, and SD3-60 airplanes, certificated in any category.

    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 (i) 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.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent ignition sources 
inside the fuel tanks, which could lead to fire or explosion.

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.

Revision of Airplane Flight Manual (AFM)

    (f) Within 30 days after the effective date of this AD, revise 
the Limitations and Normal Procedures sections of the AFMs as 
specified in Table 1 of this AD to include the information in Shorts 
Advance Amendment Bulletin 1/2004, ``Introduction of Changes to Meet 
the Requirements of FAA SFAR 88 and/or UK CAA Airworthiness Notice 
AN55,'' dated July 13, 2004, as specified in the advance amendment 
bulletin. This advance amendment bulletin addresses operation during 
icing conditions and fuel system failures. Thereafter, operate the 
airplane according to the limitations and procedures in the advance 
amendment bulletin.

    Note 2: The requirements of paragraph (f) of this AD may be done 
by inserting a copy of the advance amendment bulletin into the AFM. 
When this 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
------------------------------------------------------------------------
             Airplane model                 AFM documents to be revised
------------------------------------------------------------------------
SD3-30..................................  SBH.3.2, SBH.3.3, SBH.3.6,
                                           SBH.3.7, SBH.3.8, and
                                           SBH.3.9.
SD3-60..................................  SB.4.3, SB.4.6, and SB.4.8.
SD3-60 SHERPA...........................  SB.5.2.
SD3-SHERPA..............................  SB.6.2.
------------------------------------------------------------------------

Revision of Airworthiness Limitation (AWL) Section

    (g) Within 180 days after the effective date of this AD: 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. Thereafter, except as 
provided by paragraph (i) of this AD, no alternative structural 
inspection intervals may be approved for the longitudinal skin 
joints in the fuselage pressure shell.

    Note 3: The requirements of paragraph (g) 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.


                                        Table 2.--AMM Temporary Revisions
----------------------------------------------------------------------------------------------------------------
          Airplane model               Temporary revision               Dated                    To AMM
----------------------------------------------------------------------------------------------------------------
SD3-30............................  TR330-AMM-13............  June 21, 2004...........  SD3-30 AMM.
SD3-30............................  TR330-AMM-14............  June 21, 2004...........  SD3-30 AMM.
SD3-60............................  TR360-AMM-33............  July 27, 2004...........  SD3-60 AMM.
SD3-60............................  TR360-AMM-34............  July 27, 2004...........  SD3-60 AMM.
SD3-60 SHERPA.....................  TRSD360S-AMM-14.........  July 29, 2004...........  SD3-60 SHERPA AMM.
SD3-60 SHERPA.....................  TRSD360S-AMM-15.........  July 29, 2004...........  SD3-60 SHERPA AMM.
SD3-SHERPA........................  TRSD3S-AMM-15...........  July 28, 2004...........  SD3-SHERPA AMM.
SD3-SHERPA........................  TRSD3S-AMM-16...........  July 28, 2004...........  SD3-SHERPA AMM.
----------------------------------------------------------------------------------------------------------------


[[Page 18689]]

Resistance Check, Inspection, and Jumper Installation

    (h) Within 180 days after the effective date of this AD: 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 either the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA; or the Civil Aviation Authority 
(CAA) (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.''

Alternative Methods of Compliance (AMOCs)

    (i)(1) 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.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (j) British airworthiness directive G-2004-0021 R1, dated 
September 15, 2004, also addresses the subject of this AD.

    Issued in Renton, Washington, on April 4, 2006.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-5357 Filed 4-11-06; 8:45 am]
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