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72406 Federal Register / Vol. 70, No.

232 / Monday, December 5, 2005 / Proposed Rules

aircraft records for law enforcement FAA Drug Enforcement Assistance Act, • DOT Docket Web site: Go to
personnel address Congress’ concern the FAA has determined that, with http://dms.dot.gov and follow the
with the practice of allowing temporary certain exceptions, we have satisfied the instructions for sending your comments
operating authority prior to issuance of statutory requirements. The exceptions electronically.
a certificate of aircraft registration. will be addressed by the NPRM we plan • Government-wide rulemaking Web
to publish in the Federal Register in the site: Go to http://www.regulations.gov
Section 44713(d) Inspection and
Maintenance near future. Therefore, the FAA and follow the instructions for sending
withdraws Notice No. 90–9, published your comments electronically.
(A) The Lack of a Special Identification at 55 FR 9270 on March 12, 1990. • Mail: Docket Management Facility,
Feature To Allow the Forms To Be Withdrawal of the NPRM does not U.S. Department of Transportation, 400
Distinguished Easily From Other Major preclude the FAA from issuing another Seventh Street, SW., Nassif Building,
Repair and Alteration Forms notice on the subject matter in the room PL–401, Washington, DC 20590.
The FAA issued an Action Notice future or committing the agency to any • Fax: (202) 493–2251.
(FAA Notice A8600.1) requiring each future course of action. • Hand Delivery: Room PL–401 on
FAA Flight Standards District Office to Issued in Washington, DC, on November the plaza level of the Nassif Building,
review any Major Repair and Alteration 25, 2005. 400 Seventh Street, SW., Washington,
Form (form no. 337) received and to John M. Allen, DC, between 9 a.m. and 5 p.m., Monday
send any form 337 involving a fuel tank through Friday, except Federal holidays.
Deputy Director, Flight Standards Service.
system alteration or modification to a Contact Short Brothers, Airworthiness
[FR Doc. E5–6791 Filed 12–2–05; 8:45 am]
special section in the Registry by first & Engineering Quality, P.O. Box 241,
BILLING CODE 4910–13–P
class mail within 24 hours of receipt. Airport Road, Belfast BT3 9DZ,
This section has its own post office box Northern Ireland, for service
number. This procedure highlights information identified in this proposed
DEPARTMENT OF TRANSPORTATION
forms related to major repairs or AD.
alterations to fuel tanks and fuel Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: Dan
systems from all other form 337s sent to Rodina, Aerospace Engineer,
the FAA. 14 CFR Part 39 International Branch, ANM–116, FAA,
(B) The Excessive Period of Time Transport Airplane Directorate, 1601
[Docket No. FAA–2005–23173; Directorate Lind Avenue, SW., Renton, Washington
Required To Receive the Forms at the Identifier 2005–NM–190–AD]
Airmen and Aircraft Registry of the 98055–4056; telephone (425) 227–2125;
Administration RIN 2120–AA64 fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
As discussed above, FAA Notice Airworthiness Directives; Short
A8600.1 requires each FAA Flight Comments Invited
Brothers Model SD3 Airplanes
Standards District Office to review any We invite you to submit any relevant
Major Repair and Alteration Form (form AGENCY: Federal Aviation written data, views, or arguments
no. 337) received and to send any form Administration (FAA), Department of regarding this proposed AD. Send your
that involved a fuel tank system Transportation (DOT). comments to an address listed in the
alteration or modification to a special ACTION: Notice of proposed rulemaking ADDRESSES section. Include the docket
section in the Registry by first class mail (NPRM). number ‘‘FAA–2005–23173; Directorate
within 24 hours of receipt. Identifier 2005–NM–190–AD’’ at the
SUMMARY: The FAA proposes to adopt a
(C) The Backlog of Forms Waiting for beginning of your comments. We
new airworthiness directive (AD) for all specifically invite comments on the
Processing at the Registry
Short Brothers Model SD3 airplanes. overall regulatory, economic,
The Registry has eliminated the This proposed AD would require
backlog for processing forms for major environmental, and energy aspects of
installing additional fuel tank bonding the proposed AD. We will consider all
repairs or alterations to fuel tanks and jumpers, performing an in-place
fuel systems. All completed forms have comments received by the closing date
resistance check of the float switches, and may amend the proposed AD in
been associated with the appropriate inspecting certain internal components
aircraft record. light of those comments.
of the fuel tanks, and performing related We will post all comments we
(D) The Lack of Ready Access by Law corrective actions if necessary. This receive, without change, to http://
Enforcement Officials to Information proposed AD would also require dms.dot.gov, including any personal
Contained on the Forms revisions to the airworthiness information you provide. We will also
limitations section of the Instructions post a report summarizing each
The Registry enters these forms in the for Continued Airworthiness, and to the
FAA aircraft database immediately upon substantive verbal contact with FAA
airplane flight manual procedures for personnel concerning this proposed AD.
receipt. The information is accessible to operation during icing conditions and
law enforcement through that database. Using the search function of that Web
fuel system failures. This proposed AD site, anyone can find and read the
In addition, once the form is associated results from fuel system reviews
with the appropriate aircraft record, the comments in any of our dockets,
conducted by the manufacturer. We are including the name of the individual
actual Major Repair and Alteration Form proposing this AD to prevent ignition
(form no. 337) is available electronically who sent the comment (or signed the
sources inside the fuel tanks, which comment on behalf of an association,
within minutes through the FAA’s Law could lead to fire or explosion.
Enforcement Assistance Program. business, labor union, etc.). You may
DATES: We must receive comments on review the DOT’s complete Privacy Act
Conclusion this proposed AD by January 4, 2006. Statement in the Federal Register
Based on the actions described above ADDRESSES: Use one of the following published on April 11, 2000 (65 FR
that we have taken to address the addresses to submit comments on this 19477–78), or you may visit http://
deficiencies and abuses identified in the proposed AD. dms.dot.gov.

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Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Proposed Rules 72407

Examining the Docket standards. As explained in the preamble insufficient grounding. This condition,
to the rule, we intended to adopt if not corrected, could result in ignition
You may examine the AD docket on
airworthiness directives to mandate any sources occurring inside the fuel tanks,
the Internet at http://dms.dot.gov, or in
changes found necessary to address which could lead to fire or explosion.
person at the Docket Management
unsafe conditions identified as a result
Facility office between 9 a.m. and 5 Relevant Service Information
of these reviews.
p.m., Monday through Friday, except In evaluating these design reviews, we
Federal holidays. The Docket Short Brothers has issued Service
have established four criteria intended Bulletins SD3 SHERPA–28–2, SD360
Management Facility office (telephone to define the unsafe conditions
(800) 647–5227) is located on the plaza SHERPA–28–3, SD330–28–37, and
associated with fuel tank systems that SD360–28–23; all dated June 2004. The
level of the Nassif Building at the DOT require corrective actions. The
street address stated in the ADDRESSES service bulletins describe procedures for
percentage of operating time during installing additional bonding jumpers
section. Comments will be available in which fuel tanks are exposed to
the AD docket shortly after the Docket between the vent pipes of both fuel
flammable conditions is one of these tanks and the airplane structure; for
Management System receives them. criteria. The other three criteria address performing an in-place resistance check
Discussion the failure types under evaluation: of the fuel tank float switches; for
single failures, single failures in inspecting the condition of certain
The FAA has examined the combination with another latent
underlying safety issues involved in sensor cables and cable supports inside
condition(s), and in-service failure the fuel tanks; for inspecting the
recent fuel tank explosions on several experience. For all four criteria, the
large transport airplanes, including the integrity of the existing bonding of
evaluations included consideration of certain vent pipes inside the forward
adequacy of existing regulations, the previous actions taken that may mitigate
service history of airplanes subject to fuel tank; and for performing applicable
the need for further action. corrective actions. Corrective actions
those regulations, and existing The Joint Aviation Authorities (JAA)
maintenance practices for fuel tank include replacing defective float
has issued a regulation that is similar to switches with new, reconditioned, or
systems. As a result of those findings, SFAR 88. (The JAA is an associated
we issued a regulation titled ‘‘Transport serviceable float switches, and repairing
body of the European Civil Aviation
Airplane Fuel Tank System Design damaged sensor cables, cable supports,
Conference (ECAC) representing the
Review, Flammability Reduction and and existing vent pipe bonding.
civil aviation regulatory authorities of a
Maintenance and Inspection number of European States who have Short Brothers has issued Advance
Requirements’’ (67 FR 23086, May 7, agreed to co-operate in developing and Amendment Bulletin 1/2004, dated July
2001). In addition to new airworthiness implementing common safety regulatory 13, 2004, applicable to Shorts airplane
standards for transport airplanes and standards and procedures.) Under this flight manuals having Doc. Nos. SB.4.3,
new maintenance requirements, this regulation, the JAA stated that all SB.4.6, SB.4.8, SB.5.2, SB.6.2, SBH.3.2,
rule included Special Federal Aviation members of the ECAC that hold type SBH.3.3, SBH.3.6, SBH.3.7, SBH.3.8,
Regulation No. 88 (‘‘SFAR 88,’’ certificates for transport category and SBH.3.9. The advance amendment
Amendment 21–78, and subsequent airplanes are required to conduct a bulletin describes revisions needed to
Amendments 21–82 and 21–83). design review against explosion risks. meet the requirements of FAA SFAR 88
Among other actions, SFAR 88 We have determined that the actions and/or CAA Airworthiness Notice
requires certain type design (i.e., type identified in this AD are necessary to AN55; the revisions affect sections of
certificate (TC) and supplemental type reduce the potential of ignition sources the flight manuals applicable to
certificate (STC)) holders to substantiate inside fuel tanks, which, in combination operation during icing conditions and
that their fuel tank systems can prevent with flammable fuel vapors, could result fuel system failures.
ignition sources in the fuel tanks. This in fuel tank explosions and consequent Short Brothers has issued temporary
requirement applies to type design loss of the airplane. revisions (TR) to the airworthiness
holders for large turbine-powered The Civil Aviation Authority (CAA), limitations section of the aircraft
transport airplanes and for subsequent which is the airworthiness authority for maintenance manuals (AMM) of the
modifications to those airplanes. It the United Kingdom, notified us that an affected airplanes, as shown in the
requires them to perform design reviews unsafe condition may exist on all Short following table. The TRs address
and to develop design changes and Brothers Model SD3 airplanes. The CAA airworthiness limitations to certain
maintenance procedures if their designs advises that ignition sources may components of the fuel tank system
do not meet the new fuel tank safety develop inside fuel tanks due to installations.

AMM TEMPORARY REVISIONS


Airplane model Temporary revision Dated To AMM

SD3–30 ........................................................... TR330–AMM–14 ............................................ June 21, 2004 ....... SD3–30 AMM.
SD3–60 ........................................................... TR360–AMM–33 ............................................ July 27, 2004 ........ SD3–60 AMM.
SD3–60 SHERPA ........................................... TRSD360S–AMM–14 ..................................... July 29, 2004 ........ SD3–60 SHERPA AMM.
SD3–SHERPA ................................................ TRSD3S–AMM–15 ......................................... July 28, 2004 ........ SD3–SHERPA AMM.

Accomplishing the actions specified dated August 25, 2004, to ensure the FAA’s Determination and Requirements
in the service information is intended to continued airworthiness of these of the Proposed AD
adequately address the unsafe airplanes in the United Kingdom. This airplane model is manufactured
condition. The CAA mandated the in the United Kingdom and are type
service information and issued British certificated for operation in the United
airworthiness directive G–2004–0021, States under the provisions of section

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72408 Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Proposed Rules

21.29 of the Federal Aviation Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701.
Regulations (14 CFR 21.29) and the Title 49 of the United States Code § 39.13 [Amended]
applicable bilateral airworthiness specifies the FAA’s authority to issue
agreement. Pursuant to this bilateral 2. The Federal Aviation
rules on aviation safety. Subtitle I, Administration (FAA) amends § 39.13
airworthiness agreement, the FCAA has section 106, describes the authority of
kept the FAA informed of the situation by adding the following new
the FAA Administrator. Subtitle VII, airworthiness directive (AD):
described above. We have examined the Aviation Programs, describes in more
CAA’s findings, evaluated all pertinent detail the scope of the Agency’s Short Brothers PLC: FAA–2005–23173;
information, and determined that we Directorate Identifier 2005–NM–190–AD.
authority.
need to issue an AD for airplanes of this We are issuing this rulemaking under Comments Due Date
type design that are certificated for the authority described in subtitle VII, (a) The FAA must receive comments on
operation in the United States. part A, subpart III, section 44701, this AD action by January 4, 2006.
Therefore, we are proposing this AD, ‘‘General requirements.’’ Under that
Affected ADs
which would require accomplishing the section, Congress charges the FAA with
promoting safe flight of civil aircraft in (b) None.
actions specified in the service
information described previously, air commerce by prescribing regulations Applicability
except as discussed under ‘‘Difference for practices, methods, and procedures (c) This AD applies to all Shorts Model
Between the Proposed AD and Service the Administrator finds necessary for SD3–60 SHERPA, SD3–SHERPA, SD3–30,
Information.’’ safety in air commerce. This regulation and SD3–60 airplanes, certificated in any
is within the scope of that authority category.
Difference Between Proposed AD and because it addresses an unsafe condition Note 1: This AD requires revisions to
Service Information that is likely to exist or develop on certain operator maintenance documents to
products identified in this rulemaking include new inspections. Compliance with
The service bulletins specify to action. these inspections is required by 14 CFR
contact the manufacturer for 91.403(c). For airplanes that have been
instructions on how to repair certain Regulatory Findings previously modified, altered, or repaired in
conditions, but this proposed AD would We have determined that this the areas addressed by these inspections, the
require repairing those conditions using proposed AD would not have federalism operator may not be able to accomplish the
a method that we or the CAA (or its implications under Executive Order inspections described in the revisions. In this
13132. This proposed AD would not situation, to comply with 14 CFR 91.403(c),
delegated agent) approve. In light of the the operator must request approval for an
type of repair that would be required to have a substantial direct effect on the alternative method of compliance according
address the unsafe condition, and States, on the relationship between the to paragraph (i) of this AD. The request
consistent with existing bilateral national Government and the States, or should include a description of changes to
airworthiness agreements, we have on the distribution of power and the required inspections that will ensure the
determined that, for this proposed AD, responsibilities among the various continued damage tolerance of the affected
a repair we or the CAA approve would levels of government. structure. The FAA has provided guidance
be acceptable for compliance with this For the reasons discussed above, I for this determination in Advisory Circular
certify that the proposed regulation: (AC) 25–1529.
proposed AD.
1. Is not a ‘‘significant regulatory
Unsafe Condition
Clarification of Inspection Terminology action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the (d) This AD results from fuel system
In this proposed AD, the ‘‘visual DOT Regulatory Policies and Procedures reviews conducted by the manufacturer. We
inspection’’ specified in the Shorts (44 FR 11034, February 26, 1979); and are issuing this AD to prevent ignition
service bulletins is referred to as a 3. Will not have a significant sources inside the fuel tanks, which could
‘‘general visual inspection.’’ We have lead to fire or explosion.
economic impact, positive or negative,
included the definition for a general on a substantial number of small entities Compliance
visual inspection in a note in the under the criteria of the Regulatory (e) You are responsible for having the
proposed AD. Flexibility Act. actions required by this AD performed within
We prepared a regulatory evaluation the compliance times specified, unless the
Costs of Compliance actions have already been done.
of the estimated costs to comply with
This proposed AD would affect about this proposed AD and placed it in the Revision of Airplane Flight Manual (AFM)
54 airplanes of U.S. registry. The AD docket. See the ADDRESSES section
(f) Within 30 days after the effective date
average labor rate is estimated to be $65 for a location to examine the regulatory of this AD, revise the Limitations and Normal
per work hour. evaluation. Procedures sections of the AFMs as specified
The proposed revisions to the AFM List of Subjects in 14 CFR Part 39 in Table 1 of this AD to include the
information in Shorts Advance Amendment
and AMM would take about 1 work Air transportation, Aircraft, Aviation Bulletin 1/2004, ‘‘Introduction of Changes to
hour per airplane. Based on these safety, Safety. Meet the Requirements of FAA SFAR 88 and/
figures, the estimated cost of the or UK CAA Airworthiness Notice AN55,’’
proposed revisions for U.S. operators is The Proposed Amendment dated July 13, 2004, as specified in the
$3,510, or $65 per airplane. Accordingly, under the authority advance amendment bulletin. This advance
The proposed resistance check, delegated to me by the Administrator, amendment bulletin addresses operation
the FAA proposes to amend 14 CFR part during icing conditions and fuel system
inspections, and jumper installations, failures. Operate the airplane according to
would take about 40 work hours per 39 as follows:
the limitations and procedures in the
airplane. Required parts would cost advance amendment bulletin.
PART 39—AIRWORTHINESS
about $10 per airplane. Based on these Note 2: The requirements of paragraph (f)
DIRECTIVES
figures, the estimated cost of these of this AD may be done by inserting a copy
proposed actions for U.S. operators is 1. The authority citation for part 39 of the advance amendment bulletin into the
$140,940, or $2,610 per airplane. continues to read as follows: AFM. When this advance amendment

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Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Proposed Rules 72409

bulletin has been included in general TABLE 1.—AFM REVISIONS— by the Shorts temporary revisions (TR)
revisions of the AFM, the general revisions specified in Table 1 of this AD into the AWL
may be inserted into the AFM and the
Continued
section of the AMMs for the airplane models
advance amendment bulletin may be specified in Table 1. Thereafter, except as
removed, provided the relevant information AFM documents to be
Airplane model provided by paragraph (i) of this AD, no
in the general revision is identical to that in revised
alternative structural inspection intervals
the advance amendment bulletin.
SD3–60 SHER- SB.5.2. may be approved for the longitudinal skin
PA. joints in the fuselage pressure shell.
TABLE 1.—AFM REVISIONS SD3–SHERPA ... SB.6.2. Note 3: The requirements of paragraph (g)
of this AD may be done by inserting a copy
AFM documents to be Revision of Airworthiness Limitation (AWL)
Airplane model of the applicable TR into the applicable
revised Section AMM. When the TR has been included in
SD3–30 .............. SBH.3.2, SBH.3.3, (g) Within 180 days after the effective date general revisions of the AMM, the general
SBH.3.6, SBH.3.7, of this AD: Revise the AWL section of the revisions may be inserted in the AMM and
SBH.3.8, and SBH.3.9. Instructions for Continued Airworthiness by the TR may be removed, provided the
SD3–60 .............. SB.4.3, SB.4.6, and incorporating airplane maintenance manual relevant information in the general revision
SB.4.8. sections 5–20–01 and 5–20–02 as introduced is identical to that in the TR.

TABLE 2.—AMM TEMPORARY REVISIONS


Airplane model Temporary revision Dated To AMM

SD3–30 .......................................................... TR330–AMM–14 ............................................ June 21, 2004 ........ SD3–30 AMM.
SD3–60 .......................................................... TR360–AMM–33 ............................................ July 27, 2004 ......... SD3–60 AMM.
SD3–60 SHERPA .......................................... TRSD360S–AMM–14 .................................... July 29, 2004 ......... SD3–60 SHERPA AMM.
SD3–SHERPA ............................................... TRSD3S–AMM–15 ........................................ July 28, 2004 ......... SD3–SHERPA AMM.

Resistance Check, Inspection, and Jumper Flight Standards Certificate Holding District member) for cracks and replacing it with
Installation Office. an airworthy part if any crack is found.
(h) Within 180 days after the effective date Related Information This action proposes to require more
of this AD: Perform the insulation resistance frequent inspections of the diagonal
check, general visual inspections, and (j) British airworthiness directive G–2004–
0021, dated August 25, 2004, also addresses cross-member and adding the Model
bonding jumper wire installations; in SA–366G1 helicopters to the
accordance with Shorts Service Bulletin the subject of this AD.
SD330–28–37, SD360–28–23, SD360 applicability. This proposal is prompted
Issued in Renton, Washington, on
SHERPA–28–3, or SD3 SHERPA–28–2; all November 25, 2005.
by several reports of cracks in the
dated June 2004; as applicable. If any defects diagonal cross-member. The actions
Ali Bahrami,
or damage are discovered during any specified by the proposed AD are
inspection or check required by this AD, Manager, Transport Airplane Directorate, intended to prevent failure of the
before further flight, repair the defects or Aircraft Certification Service.
diagonal cross-member, pivoting of the
damage using a method approved by either [FR Doc. 05–23600 Filed 12–2–05; 8:45 am] MGB, severe vibrations, and a
the Manager, International Branch, ANM– BILLING CODE 4910–13–P
116, Transport Airplane Directorate, FAA; or
subsequent forced landing.
the Civil Aviation Authority (CAA) (or its DATES: Comments must be received on
delegated agent). DEPARTMENT OF TRANSPORTATION or before February 3, 2006.
Note 4: For the purposes of this AD, a ADDRESSES: Use one of the following
general visual inspection is: ‘‘A visual Federal Aviation Administration addresses to submit comments on this
examination of an interior or exterior area, proposed AD:
installation, or assembly to detect obvious
damage, failure, or irregularity. This level of
14 CFR Part 39 • DOT Docket Web site: Go to
inspection is made from within touching [Docket No. FAA–2005–23159; Directorate
http://dms.dot.gov and follow the
distance unless otherwise specified. A mirror Identifier 2005–SW–10–AD] instructions for sending your comments
may be necessary to ensure visual access to electronically;
all surfaces in the inspection area. This level RIN 2120–AA64 • Government-wide rulemaking Web
of inspection is made under normally site: Go to http://www.regulations.gov
available lighting conditions such as Airworthiness Directives; Eurocopter and follow the instructions for sending
daylight, hangar lighting, flashlight, or France Model SA–365N, SA–365N1, your comments electronically;
droplight and may require removal or AS–365N2, and SA–366G1 Helicopters • Mail: Docket Management Facility;
opening of access panels or doors. Stands,
ladders, or platforms may be required to gain AGENCY: Federal Aviation U.S. Department of Transportation, 400
proximity to the area being checked.’’ Administration, DOT. Seventh Street, SW., Nassif Building,
ACTION: Notice of proposed rulemaking Room PL–401, Washington, DC 20590;
Alternative Methods of Compliance
(NPRM). • Fax: 202–493–2251; or
(AMOCs) • Hand Delivery: Room PL–401 on
(i)(1) The Manager, International Branch, SUMMARY: This document proposes the plaza level of the Nassif Building,
ANM–116, Transport Airplane Directorate, superseding an existing airworthiness 400 Seventh Street, SW., Washington,
FAA, has the authority to approve AMOCs directive (AD) that currently applies to DC, between 9 a.m. and 5 p.m., Monday
for this AD, if requested in accordance with
the procedures found in 14 CFR 39.19.
Eurocopter France (ECF) Model SA through Friday, except Federal holidays.
(2) Before using any AMOC approved in 365N, N1, and AS 365N2 helicopters. You may get the service information
accordance with § 39.19 on any airplane to That AD currently requires inspecting identified in this proposed AD from
which the AMOC applies, notify the the main gearbox (MGB) suspension American Eurocopter Corporation, 2701
appropriate principal inspector in the FAA diagonal cross-member (diagonal cross- Forum Drive, Grand Prairie, Texas

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