[Federal Register Volume 69, Number 25 (Friday, February 6, 2004)]
[Proposed Rules]
[Pages 5769-5771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2471]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-127-AD]
RIN 2120-AA64


Airworthiness Directives; Short Brothers Model SD3-60 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to all Short Brothers Model SD3-60 
series airplanes. This proposal would require performing an inspection 
of the shear attachment fitting for the fin-to-fuselage front spar, and 
of the shear cleat for the fin root rib at the aft spar location for 
corrosion; reporting inspection results; and performing corrective 
action, if necessary. This action is necessary to detect and correct 
corrosion in the area of the main spar web fittings of the vertical 
stabilizer, which could result in reduced structural integrity of the 
vertical stabilizer. This action is intended to address the identified 
unsafe condition.

DATES: Comments must be received by March 8, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-127-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
<a href="/cdn-cgi/l/email-protection#bb8296dad5d696d5cbc9d6d8d4d6d6ded5cffbdddada95dcd4cd"><span class="__cf_email__" data-cfemail="80b9ade1eeedadeef0f2ede3efedede5eef4c0e6e1e1aee7eff6">[email protected]</span></a>. Comments sent via fax or the Internet must 
contain ``Docket No. 2003-NM-127-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Short Brothers, Airworthiness & Engineering Quality, P.O. 
Box 241, Airport Road, Belfast BT3 9DZ, Northern Ireland. This 
information may be examined at the FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington.

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

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.

[[Page 5770]]

    Submit comments using the following format:
    <bullet<ls-thn-eq> Organize comments issue-by-issue. For example, 
discuss a request to change the compliance time and a request to change 
the service bulletin reference as two separate issues.
    <bullet<ls-thn-eq> For each issue, state what specific change to 
the proposed AD is being requested.
    <bullet<ls-thn-eq> Include justification (e.g., reasons or data) 
for each request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2003-NM-127-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2003-NM-127-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom, notified the FAA that an unsafe 
condition may exist on all Short Brothers Model SD3-60 series 
airplanes. The CAA advises that operators have reported corrosion in 
the area of the main spar web fittings, which act as shear attachments 
for the vertical stabilizer. This condition, if not detected and 
corrected, could result in reduced structural integrity of the vertical 
stabilizer.

Explanation of Relevant Service Information

    Shorts has issued Short Brothers Service Bulletin SD360-53-44, 
Revision 1, dated January 24, 2003, which describes procedures for 
performing an inspection of the shear attachment fitting for the fin-
to-fuselage front spar, and of the shear cleat for the fin root rib at 
the aft spar location for corrosion, and submitting an inspection 
report. The CAA classified this service bulletin as mandatory and 
issued British airworthiness directive 004-11-2002, in order to assure 
the continued airworthiness of these airplanes in the United Kingdom.

FAA's Conclusions

    This airplane model is manufactured in the United Kingdom and is 
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. The FAA has examined the 
findings of the CAA, reviewed all available information, and determined 
that AD action is necessary for products of this type design that are 
certificated for operation in the United States.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, the proposed AD would require accomplishment of 
the actions specified in the service bulletin described previously, 
except as described below.

Differences Between Proposed Rule and Service Bulletin

    Although the service bulletin specifies that operators may contact 
the manufacturer for disposition of repairs, this proposal would 
require operators to repair those conditions per a method approved by 
either the FAA or the CAA (or its delegated agent). 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 approved by either 
the FAA or the CAA would be acceptable for compliance with this 
proposed AD.

Interim Action

    This proposed AD is considered to be interim action. The inspection 
reports required by this proposed AD will enable the manufacturer to 
obtain better insight into the nature, cause, and extent of the 
corrosion, and eventually to develop final action to address the unsafe 
condition. Once final action has been identified, we may consider 
further rulemaking.

Cost Impact

    The FAA estimates that 46 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 3 work 
hours per airplane to accomplish the proposed inspection, and that the 
average labor rate is $65 per work hour. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$8,970, or $195 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this proposed AD were not adopted. The cost impact 
figures discussed in AD rulemaking actions represent only the time 
necessary to perform the specific actions actually required by the AD. 
These figures typically do not include incidental costs, such as the 
time required to gain access and close up, planning time, or time 
necessitated by other administrative actions.

Regulatory Impact

    The regulations proposed herein 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that 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 Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

[[Page 5771]]

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. Section 39.13 is amended by adding the following new 
airworthiness directive:

Short Brothers plc: Docket 2003-NM-127-AD.

    Applicability: All Model SD3-60 series airplanes, certificated 
in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct corrosion in the area of the main spar web 
fittings of the vertical stabilizer, which could result in reduced 
structural integrity of the vertical stabilizer, accomplish the 
following:

Inspection

    (a) Within 6 months after the effective date of this AD, perform 
a detailed inspection to detect corrosion of the shear attachment 
fitting for the fin-to-fuselage front spar and of the shear cleat 
for the fin root rib at the aft spar location, in accordance with 
the Accomplishment Instruction of Short Brothers Service Bulletin 
SD360-53-44, Revision 1, dated January 24, 2003.

    Note 1: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

Disposition of Repairs

    (b) If any corrosion is detected during the inspection required 
by paragraph (a) of this AD, before further flight, repair per a 
method approved by either the Manager, International Branch, ANM-
116, FAA, Transport Airplane Directorate; or the Civil Aviation 
Authority (or its delegated agent).

Inspection Report

    (c) Submit a report of the findings (both positive and negative) 
of the inspection required by paragraph (a) of this AD to Short 
Brothers, Airworthiness & Engineering Quality, P.O. Box 241, Airport 
Road, Belfast BT3 9DZ, Northern Ireland, or as specified in the 
Shorts service bulletin, at the applicable time specified in 
paragraph (c)(1) or (c)(2) of this AD. The report must include the 
inspection results, a description of any discrepancies found, the 
airplane serial number, and the number of landings and flight hours 
on the airplane. Under the provisions of the Paperwork Reduction Act 
of 1980 (44 U.S.C. 3501 et seq.), the Office of Management and 
Budget (OMB) has approved the information collection requirements 
contained in this AD and has assigned OMB Control Number 2120-0056.
    (1) If the inspection was done after the effective date of this 
AD: Submit the report within 10 days after the inspection.
    (2) If the inspection was accomplished prior to the effective 
date of this AD: Submit the report within 10 days after the 
effective date of this AD.

Alternative Methods of Compliance

    (d) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA, is authorized 
to approve alternative methods of compliance (AMOCs) for this AD.

    Note 2: The subject of this AD is addressed in British 
airworthiness directive 004-11-2002.


    Issued in Renton, Washington, on January 29, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-2471 Filed 2-5-04; 8:45 am]
BILLING CODE 4910-13-P


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