[Federal Register Volume 72, Number 77 (Monday, April 23, 2007)]
[Rules and Regulations]
[Pages 20030-20034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7118]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27866; Directorate Identifier 2007-NM-055-AD; 
Amendment 39-15027; AD 2007-08-09]
RIN 2120-AA64


Airworthiness Directives; Short Brothers Model SD3-60 SHERPA, 
SD3-SHERPA, SD3-30, and SD3-60 Airplanes

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

ACTION: Final rule; request for comments.

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[[Page 20031]]

SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This 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:

    An analysis of the cable operated control system installed on 
the SD3 aircraft types that use MS 21260 type end fittings has 
identified a number of potentially unsafe conditions due to a 
combination of failures * * *.

    The failure of certain control cables could result in the loss of 
certain critical systems. For example, the loss of the low pressure 
(LP) fuel control cable in combination with a single failure of a fuel 
condition control cable on the same engine can cause the loss of the 
capability to shut down the engine in the event of an engine fire. This 
AD requires actions that are intended to address the unsafe condition 
described in the MCAI.

DATES: This AD becomes effective May 8, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of May 8, 2007.
    We must receive comments on this AD by May 23, 2007.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Fax: (202) 493-2251.
    <bullet> Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
    <bullet> 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.
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov; or in person at the Docket Management Facility between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Office (telephone (800) 647-5227) is in the ADDRESSES section. Comments 
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. This streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This AD references the MCAI and related service information that we 
considered in forming the engineering basis to correct the unsafe 
condition. The AD contains text copied from the MCAI and for this 
reason might not follow our plain language principles.

Discussion

    The European Aviation Safety Agency (EASA), which is the technical 
agent for the Member States of the European Community, has issued EASA 
Emergency Airworthiness Directive 2007-0039-E, dated February 16, 2007 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    Following the identification of a failed propeller RPM 
(revolutions per minute) cable end fitting and an LP (low pressure) 
fuel lever cable end fitting on an SD3 aircraft, several subsequent 
occurrences of control cable end fittings (type MS21260) with signs 
of pitting corrosion or cracking have been reported to Bombardier 
Shorts. All reported instances being identified during ground 
maintenance inspections on the SD3 fleet. Bombardier Shorts have 
performed examinations on the failed cable end fittings and 
established the root cause of failure as stress corrosion cracking 
of the SAE-AISI 303 stainless steel material they are manufactured 
from, initiated by pitting corrosion on the surface. The root cause 
of the stress corrosion is sustained tensile stress in a corrosive 
(warm, humid and salty) atmosphere.
    An analysis of the cable operated control systems installed on 
the SD3 aircraft types that use MS 21260 type end fittings has 
identified a number of potentially unsafe conditions due to a 
combination of failures that may result from this common mode cause.

The failure of certain control cables could result in the loss of 
certain critical systems. For example, the loss of the LP fuel control 
cable in combination with a single failure of a fuel condition control 
cable on the same engine can cause the loss of the capability to shut 
down the engine in the event of an engine fire. You may obtain further 
information by examining the MCAI in the AD docket.

Relevant Service Information

    Shorts has issued the following service bulletins. The actions 
described in this service information are intended to correct the 
unsafe condition identified in the MCAI.
    <bullet> Shorts Alert Service Bulletin SD3 Sherpa-76-A02, Revision 
1, dated January 24, 2007.
    <bullet> Shorts Alert Service Bulletin SD330-76-A09, Revision 1, 
dated January 24, 2007.
    <bullet> Shorts Alert Service Bulletin SD360 Sherpa-76-A03, 
Revision 1, dated January 24, 2007.
    <bullet> Shorts Alert Service Bulletin SD360-76-A12, Revision 1, 
dated January 24, 2007.

FAA's Determination and Requirements of This 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between the 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 required 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 AD.

[[Page 20032]]

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because of 
the number of control cable assemblies that were deemed not to be 
airworthy when evaluated against specific inspection criteria. 
Therefore, we determined that notice and opportunity for public comment 
before issuing this AD are impracticable and that good cause exists for 
making this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2007-27866; Directorate 
Identifier 2007-NM-055-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact we 
receive about this AD.

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 determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will 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 this AD:
    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 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.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2007-08-09 Short Brothers PLC: Amendment 39-15027. Docket No. FAA-
2007-27866; Directorate Identifier 2007-NM-055-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 8, 
2007.

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.

Subject

    (d) Engine controls.

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:

    Following the identification of a failed propeller RPM 
(revolutions per minute) cable end fitting and an LP (low pressure) 
fuel lever cable end fitting on an SD3 aircraft, several subsequent 
occurrences of control cable end fittings (type MS21260) with signs 
of pitting corrosion or cracking have been reported to Bombardier 
Shorts. All reported instances being identified during ground 
maintenance inspections on the SD3 fleet. Bombardier Shorts have 
performed examinations on the failed cable end fittings and 
established the root cause of failure as stress corrosion cracking 
of the SAE-AISI 303 stainless steel material they are manufactured 
from, initiated by pitting corrosion on the surface. The root cause 
of the stress corrosion is sustained tensile stress in a corrosive 
(warm, humid and salty) atmosphere.
    An analysis of the cable operated control systems installed on 
the SD3 aircraft types that use MS 21260 type end fittings has 
identified a number of potentially unsafe conditions due to a 
combination of failures that may result from this common mode cause.

The failure of certain control cables could result in the loss of 
certain critical systems. For example, the loss of the low pressure 
(LP) fuel control cable in combination with a single failure of a 
fuel condition control cable on the same engine can cause the loss 
of the capability to shut down the engine in the event of an engine 
fire.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 30 days after the effective date of this AD, inspect 
the affected cable assembly end fittings in accordance with the 
applicable service bulletin specified in Table 1 of this AD.
    (2) If no pitting/corrosion or cracking is found, within 12 
months after the inspection required by paragraph (f)(1) of this AD, 
and thereafter at intervals not to exceed 12 months, repeat the 
inspection of the cable assembly end fittings in accordance with the 
applicable service bulletin specified in Table 1 of this AD. 
Replacing the cable assembly with a new cable assembly in accordance 
with the applicable service bulletin terminates the repetitive 
inspection intervals of this paragraph for the replaced cable 
assembly.
    (3) When pitting/corrosion or cracking is found during any 
inspection required by this AD, before further flight, replace the 
affected cable assembly with a new cable assembly in accordance with 
the applicable service bulletin specified in Table 1 of this AD.
    (4) After any replacement done in accordance with paragraph 
(f)(2) or (f)(3) of this AD, repeat the inspection required by 
paragraph (f)(1) of this AD for the replaced

[[Page 20033]]

cable assembly at intervals not to exceed 180 months.
    (5) Do the actions in paragraphs (f)(1), (f)(2), (f)(3), and 
(f)(4) of this AD in accordance with the Accomplishment Instructions 
of the applicable Shorts Alert Service Bulletin listed in Table 1 of 
this AD.

           Table 1.--Service Bulletins for Applicable Actions
------------------------------------------------------------------------
    Shorts Alert Service
          Bulletin             Revision level             Date
------------------------------------------------------------------------
SD3 Sherpa-76-A02...........                 1  January 24, 2007.
SD330-76-A09................                 1  January 24, 2007.
SD360 Sherpa-76-A03.........                 1  January 24, 2007.
SD360-76-A12................                 1  January 24, 2007.
------------------------------------------------------------------------

FAA AD Differences

    Note: This AD differs from the MCAI and/ or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, 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, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 227-1175; fax (425) 227-1149. 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.
    (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, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) 
Emergency Airworthiness Directive 2007-0039-E, dated February 16, 
2007, and the Shorts service information listed in Table 2 of this 
AD.

                      Table 2.--Related Information
------------------------------------------------------------------------
    Shorts Alert Service
          Bulletin             Revision level             Date
------------------------------------------------------------------------
SD3 Sherpa-76-A02...........                 1  January 24, 2007.
SD330-76-A09................                 1  January 24, 2007.
SD360 Sherpa-76-A03.........                 1  January 24, 2007.
SD360-76-A12................                 1  January 24, 2007.
------------------------------------------------------------------------

Material Incorporated by Reference

    (i) You must use the service information specified in Table 3 of 
this AD to do the actions required by this AD, unless the AD 
specifies otherwise.

                                  Table 3.--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
  Shorts Alert Service Bulletin           Page No.               Revision level                  Date
----------------------------------------------------------------------------------------------------------------
SD3 Sherpa-76-A02...............  1, 6....................  1......................  January 24, 2007.
                                  2-5, 7-16...............  Original...............  January 10, 2007.
SD330-76-A09....................  1, 6....................  1......................  January 24, 2007.
                                  2-5, 7-19...............  Original...............  January 10, 2007.
SD360 Sherpa-76-A03.............  1, 6....................  1......................  January 24, 2007.
                                  2-5, 7-16...............  Original...............  January 10, 2007.
SD360-76-A12....................  1, 6....................  1......................  January 24, 2007.
                                  2-5, 7-16...............  Original...............  January 10, 2007.
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[[Page 20034]]

    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact Short 
Brothers, Airworthiness & Engineering Quality, P.O. Box 241, Airport 
Road, Belfast BT3 9DZ, Northern Ireland.
    (3) You may review copies at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call (202) 741-6030, 
or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on April 6, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-7118 Filed 4-20-07; 8:45 am]
BILLING CODE 4910-13-P