AD Amdt-39-10164

[Federal Register Volume 62, Number 201 (Friday, October 17, 1997)]
[Rules and Regulations]
[Pages 53937-53938]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 97-27355]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-220-AD; Amendment 39-10164; AD 97-21-11]
RIN 2120-AA64


Airworthiness Directives; Short Brothers Model SD3-30 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to all Short Brothers Model SD3-30 series airplanes. This 
action requires a one-time inspection to measure the depth of the skin 
flutes of the skin panels of the rudder and elevators, and repair, if 
necessary. This amendment is prompted by reports indicating that, due 
to a manufacturing process error, the depth of certain skin flutes of 
the rudder and elevators is less than the design specification. The 
actions specified in this AD are intended to prevent structural damage 
and/or loss of the rudder or elevators if the airplane is operated 
under ultimate load conditions, which could result in reduced 
controllability of the airplane.

DATES: Effective November 3, 1997.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of November 3, 1997.
    Comments for inclusion in the Rules Docket must be received on or 
before November 17, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 97-NM-220-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.
    The service information referenced in this AD 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; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Gary D. Lium, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1112; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: The Civil Aviation Authority (CAA), which is 
the airworthiness authority for the United Kingdom, recently notified 
the FAA that an unsafe condition may exist on all Short Brothers Model 
SD3-30 series airplanes. The CAA advises of findings that the depth of 
the skin flutes of the port and starboard skin panels of the rudder and 
elevators is less than the appropriate depth specified by the design 
specification. The problem was noticed during the production of skin 
flutes for the SD3-60 SHERPA series airplanes, and it was noted that 
the same manufacturing process was used for Model SD3-30 series 
airplanes. (The manufacturer advises that all SD3-60 SHERPA series 
airplanes have been inspected, and that no unsafe condition exists with 
regard to the skin flutes on these airplanes; therefore, Model SD3-60 
SHERPA series airplanes are not included in the applicability of this 
AD.) Such inadequate depth of the skin flutes, if not corrected, could 
result in structural damage and/or loss of the rudder or elevators if 
the airplane is operated under ultimate load conditions, and consequent 
reduced controllability of the airplane.

Explanation of Relevant Service Information

    The manufacturer has issued Service Bulletin SD330-55-19, dated 
February 11, 1997, which describes procedures for performing a one-time 
inspection to measure the depth of the skin flutes of the skin panels 
of the rudder and elevators, and repair, if necessary. The CAA 
classified this service bulletin as mandatory and issued British 
airworthiness directive 006-02-97 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 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, this AD is being issued to prevent structural 
damage and/or loss of the rudder or elevators if the airplane is 
operated under ultimate load conditions, and consequent reduced 
controllability of the airplane. This AD requires a one-time inspection 
to measure the depth of the skin flutes of the skin panels of the 
rudder and elevators, and repair, if necessary. The inspection is 
required to be accomplished in accordance with the service bulletin 
described previously. The repair of any discrepant skin flute is 
required to be accomplished in accordance with a method approved by the 
FAA.

[[Page 53938]]

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the 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 that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 97-NM-220-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects 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, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, may be obtained from the Rules Docket at the 
location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new 
airworthiness directive:

97-21-11  Short Brothers, PLC: Amendment 39-10164. Docket 97-NM-220-
AD.

    Applicability: All Model SD3-30 series airplanes, certificated 
in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been otherwise 
modified, altered, or repaired so that the performance of the 
requirements of this AD is affected, the owner/operator must request 
approval for an alternative method of compliance in accordance with 
paragraph (b) of this AD. The request should include an assessment 
of the effect of the modification, alteration, or repair on the 
unsafe condition addressed by this AD; and, if the unsafe condition 
has not been eliminated, the request should include specific 
proposed actions to address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent structural damage and/or loss of the rudder or 
elevators if the airplane is operated under ultimate load 
conditions, and consequent reduced controllability of the airplane, 
accomplish the following:
    (a) Within 90 days of the effective date of this AD, accomplish 
a one-time inspection to measure the depth of the skin flutes of the 
port and starboard skin panels of the rudder and elevators, in 
accordance with Short Brothers Service Bulletin SD330-55-19, dated 
February 11, 1997.
    (1) If the depth of the skin flutes is within the limits 
specified in the service bulletin, no further action is required by 
this AD.
    (2) If the depth of the skin flutes is beyond the limits 
specified in the service bulletin, prior to further flight, repair 
it in accordance with a method approved by the Manager, 
Standardization Branch, ANM-113, FAA, Transport Airplane 
Directorate.
    (b) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Standardization Branch, ANM-113. 
Operators shall submit their requests through an appropriate FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, Standardization Branch, ANM-113.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.

    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (d) The inspection shall be done in accordance with Short 
Brothers Service Bulletin SD330-55-19, dated February 11, 1997. This 
incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Copies may be obtained from Short Brothers, Airworthiness & 
Engineering Quality, P.O. Box 241, Airport Road, Belfast BT3 9DZ, 
Northern Ireland. Copies may be inspected at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 
at the Office of the Federal Register, 800 North Capitol Street, 
NW., suite 700, Washington, DC.
    (e) This amendment becomes effective on November 3, 1997.

    Issued in Renton, Washington, on October 9, 1997.
James V. Devany,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-27355 Filed 10-16-97; 8:45 am]
BILLING CODE 4910-13-P