![](media/image1.wmf){width="1.0027777777777778in"
height="1.023611111111111in"}

August 4, 2008

Mr. Michael Mulholland

Head of Airworthiness and Engineering Quality

Bombardier Aerospace

Shorts Brothers plc

Airport Road

Belfast BT3 9DZ

Northern Ireland

Dear Mr. Mulholland:

We have received your petition, dated February 26, 2008 (Docket No.
FAA-2008-0260), for an exemption from the requirements of Title 14, Code
of Federal Regulations (14 CFR) 26.43, 26.45, and 26.49 for Shorts Model
SD3-60 airplanes. We also received your petitions, dated April 14, 2008,
for exemptions from § 26.11 for Shorts Model SD3-30 and SD3-60 Model
airplanes. The petition for the Shorts Model SD3-30 airplanes is in
Docket No. FAA-2008-0380. The petition for the Shorts Model SD3-60
airplanes is in Docket No. FAA-2008-0379.

Sections 26.43, 26.45, and 26.49 are requirements related to developing
damage tolerance data for repairs and alterations. Section 26.11
requires developing instructions for continued airworthiness (ICA)
applicable to an airplane's electrical wiring interconnection systems
(EWIS). The data required to be developed by the part 26 regulations are
necessary to support operator compliance with the Aging Airplane Safety
Final Rule (AASFR) and the Enhanced Airworthiness Program for Airplane
Systems (EAPAS) final rule.

For the AASFR, 14 CFR 121.1109 and 129.109 state that, after December
20, 2010, a certificate holder operating under parts 121 and 129,
respectively, may not operate an airplane unless:

> the certificate holder\'s maintenance program for the airplane
> includes FAA-approved damage tolerance inspections (DTI) and
> procedures for airplane structure susceptible to fatigue cracking that
> could contribute to catastrophic failure and a means for addressing
> the adverse effects repairs, alterations, and modifications may have
> on fatigue critical structure and on damage tolerance inspections.

For EAPAS, §§ 121.1111 and 129.111 state that, after March 10, 2011, a
certificate holder operating under parts 121 and 129, respectively, may
not operate an airplane unless the maintenance program for that airplane
includes inspections and procedures for EWIS.

For operators to fully comply with these requirements, it is necessary
for design approval holders (DAH) to fulfill the Damage Tolerance Data
for Repairs and Alterations requirements of §§ 26.43, 26.45, and 26.49,
and the EWIS ICA requirements of § 26.11.

Based on the information included in your petitions, Shorts Brothers
Models SD3‑30 and SD3-60 airplanes would not be eligible for
consideration of an exemption from the requirements of §§ 26.43, 26.45,
26.49, and 26.11. However, if Bombardier Aerospace provides additional
information to show why the granting of this exemption is in the public
interest per the requirements of 14 CFR, part 11, the FAA will further
consider your petition for exemption.

A DAH may be able to show that granting an exemption to the Damage
Tolerance Data for Repairs and Alterations requirements of §§ 26.43,
26.45, and 26.49, and the EWIS ICA requirements of § 26.11 is in the
public interest if no airplanes will be used in part 121 or 129
operations beyond December 20, 2010, for AASFR, and March 10, 2011, for
EAPAS. Further, the DAH may address the public interest regarding usage
by US government operators (such as US Air Force, US Army, US Air
National Guard, US Army National Guard, US Forest Service, etc.) if it
is shown that these operators will not adopt the maintenance program
changes specified in §§ 121.1109 and 121.1111. The DAH may present
evidence, such as written notification from all operators of the
affected US-registered airplane models, of their intent to cease
part 121 or 129 operations on or prior to

December 20, 2010, for AASFR, and March 10, 2011, for EAPAS and in the
case of US government operators, written confirmation of the operator\'s
intent to not adopt the maintenance program changes specified in
§§ 121.1109 and 121.1111. We suggest that the DAH also present rationale
as to why it believes that these affected airplanes, and those
US-registered airplanes that are currently operated under parts other
than 121 or 129, are unlikely (based on the age and configuration of the
airplane and any other information the DAH believes to be relevant) to
return to part 121 or 129 operations.

We will keep Docket Nos. FAA‑2008‑0260, FAA‑2008‑0379, and FAA‑2008‑0380
open for 30 days. If we do not receive a response within 30 days we will
close these dockets.

If you have any questions or concerns regarding your petitions or the
petition process, please contact Ian Won, 425-227-2145,
ian.y.won@FAA.gov for AASFR, or Stephen Slotte,

425-227-2315, steve.slotte@faa.gov for EAPAS.

Sincerely,

*Signed by*

John Piccola

Acting Manager

Transport Standards Staff

Transport Airplane Directorate

Aircraft Certification Service