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 perfor-
med 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 SBH.3.2, SBH.3.3, SBH.3.6,
July 13, 2004. SBH.3.7, SBH.3.8, and SB.3.9.
SD3-60 airplanes........ 1/2004, dated SB.4.3, SB.4.6, and SB.4.8.
July 13, 2004.
SD3-60 SHERPA airplanes. 1/2004, dated SB.5.2 or 6.2.
July 13, 2004.
SD3-SHERPA airplanes.... 1/2004, dated SB.6.2 or 5.2.
July 13, 2004.
--------------------------------------------------------------------------
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.
TABLE 2--AMM TEMPORARY REVISIONS
--------------------------------------------------------------------------
TEMPORARY
AIRPLANE MODEL-- REVISION-- 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.
--------------------------------------------------------------------------
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
--------------------------------------------------------------------------------------------------
MODEL-- TEMPORARY REVISION -- DATED-- TO THIS AMM--
--------------------------------------------------------------------------------------------------
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.
--------------------------------------------------------------------------------------------------
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 foll-
ows: 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, un-
der the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et
seq.), the Office of 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.
DATES: We must receive comments on this proposed AD by August 30, 2010.
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.
--------------------------------------------------------------------------
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 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.
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, Inter-
national 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.
TABLE--AMM TEMPORARY REVISIONS
--------------------------------------------------------------------------
SHORTS TEMPORARY TO THE MAINTENANCE
MODEL-- REVISION-- DATED-- 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 air-
planes............ TRSD3S-AMM-36... June 19, 2006. Shorts SD3-SHERPA
SD3-SHERPA air- MM.
planes............ TRSD3S-AMM-37... June 19, 2006. Shorts SD3-SHERPA
SD3-60 SHERPA air- MM.
planes............ TRSD360S-AMM-35. June 27, 2006. Shorts SD3-60 Sherpa
SD3-60 SHERPA air- MM.
planes............ TRSD360S-AMM-36. June 27, 2006. Shorts SD3-60 Sherpa
MM.
--------------------------------------------------------------------------
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 dev-
elop 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 responsib-
ilities 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 Pro-
cedures (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 adding the following new AD: