[Federal Register: May 1, 2008 (Volume 73, Number 85)]
[Rules and Regulations]
[Page 23939-23941]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01my08-1]
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Rules and Regulations
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[[Page 23939]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-0048; Directorate Identifier 2007-NM-181-AD;
Amendment 39-15503; AD 2008-09-22]
RIN 2120-AA64
Airworthiness Directives; Construcciones Aeronauticas, S.A.
(CASA), Model CN-235, CN-235-100, CN-235-200, CN-235-300, and C-295
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
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:
Subsequent to accidents involving Fuel Tank System explosions in
flight * * * and on ground, * * * Special Federal Aviation
Regulation 88 (SFAR88) * * * required a safety review of the
aircraft Fuel Tank System * * *.
* * * * *
Fuel Airworthiness Limitations are items arising from a systems
safety analysis that have been shown to have failure mode(s)
associated with an `unsafe condition' * * *. These are identified in
Failure Conditions for which an unacceptable probability of ignition
risk could exist if specific tasks and/or practices are not
performed in accordance with the manufacturers' requirements.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective June 5, 2008.
ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace
Engineer, International Branch, ANM-116, FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356;
telephone (425) 227-1112; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on October 17, 2007 (72
FR 58770). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
Subsequent to accidents involving Fuel Tank System explosions in
flight * * * and on ground, the FAA published Special Federal
Aviation Regulation 88 (SFAR 88) in June 2001. SFAR 88 required a
safety review of the aircraft Fuel Tank System to determine that the
design meets the requirements of FAR (Federal Aviation Regulation)
Sec. 25.901 and Sec. 25.981(a) and (b).
A similar regulation has been recommended by the JAA (Joint
Aviation Authorities) to the European National Aviation Authorities
in JAA letter 04/00/02/07/03-L024 of 3 February 2003. The review was
requested to be mandated by NAA's (National Aviation Authorities)
using JAR (Joint Aviation Regulation) Sec. 25.901(c), Sec.
25.1309.
In August 2005 EASA published a policy statement on the process
for developing instructions for maintenance and inspection of Fuel
Tank System ignition source prevention (EASA D 2005/CPRO,
www.easa.eu.int/home/cert_policy_statements_en.html) that also
included the EASA expectations with regard to compliance times of
the corrective actions on the unsafe and the not unsafe part of the
harmonised design review results. On a global scale the TC (type
certificate) holders committed themselves to the EASA published
compliance dates (see EASA policy statement). The EASA policy
statement has been revised in March 2006: the date of 31-12-2005 for
the unsafe related actions was set at 01-07-2006.
Fuel Airworthiness Limitations are items arising from a systems
safety analysis that have been shown to have failure mode(s)
associated with an `unsafe condition' as defined in FAA's memo 2003-
112-15 `SFAR 88--Mandatory Action Decision Criteria'. These are
identified in Failure Conditions for which an unacceptable
probability of ignition risk could exist if specific tasks and/or
practices are not performed in accordance with the manufacturers'
requirements.
This EASA Airworthiness Directive mandates the Fuel System
Airworthiness Limitations (comprising maintenance/inspection tasks
and Critical Design Configuration Control Limitations (CDCCL)) for
the type of aircraft, that resulted from the design reviews and the
JAA recommendation and EASA policy statement mentioned above.
The corrective action is revising the Airworthiness Limitations Section
of the Instructions for Continued Airworthiness to include CDCCL data.
You may obtain further information by examining the MCAI in the AD
docket.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.
Explanation of Changes to the AD
EASA Airworthiness Directive 2007-0007, dated January 9, 2007,
specifies to incorporate into the aircraft maintenance program the fuel
airworthiness limitation (FAL) maintenance and inspection tasks defined
in EADS CASA CN-235/C-295 Technical Document DT-0-C00-05001, Issue C,
dated October 2006. We cited both these documents in the NPRM and
specified the FAL tasks in paragraph (f)(1) of the NPRM. However,
further examination of the EADS CASA Technical Document has shown that
it does not contain FAL maintenance and inspection tasks. Therefore, we
have removed paragraph (f)(1) of the NPRM and re-identified the
remaining paragraphs in this final rule. We have also removed Note 1 of
the NPRM, which gave instructions regarding maintenance documents and
new inspections. That note is no longer relevant in this final rule. We
have also added a difference in Note 2 of this final rule to specify
that we have not included the FAL action in this final
[[Page 23940]]
rule. If EADS CASA CN-235/C-295 Technical Document DT-0-C00-05001,
Issue C, dated October 2006, is revised in the future to include the
FAL tasks, or if these tasks are included in another document, we might
consider additional rulemaking then.
This AD requires operators to revise the Airworthiness Limitations
Section (ALS) of the Instructions for Continued Airworthiness to
include CDCCL data. Operators must comply with the terms of the ALS, as
specified in sections 43.16 (for persons maintaining products) and
91.403 (for operators) of the Federal Aviation Regulations (14 CFR
43.16 and 14 CFR 91.403). However, for the FAA to require compliance
with any new or more restrictive life limits and inspections that the
manufacturer or the FAA might impose in the ALS, we must engage in
rulemaking; if we do not engage in rulemaking, the revised limitations
in the maintenance manual cannot be made mandatory. We have, however,
determined that it is appropriate in this case to allow accomplishing
the ALS revision by incorporating the CDCCLs as defined in later
revisions of EADS CASA CN-235/C-295 Technical Document DT-0-C00-05001,
Issue C, dated October 2006. Therefore, we have revised paragraph
(f)(3) of the NPRM (paragraph (f)(2) of this final rule) to allow later
revisions of the EADS CASA technical document as acceptable methods of
compliance if they are approved by the Manager, ANM-116, International
Branch, Transport Airplane Directorate, FAA, or the European Aviation
Safety Agency (EASA) (or its delegated agent).
We have also added Table 1 and a new Note 1 to this final rule to
provide information about the EADS CASA Component Maintenance Manuals
(CMMs) that are given as references in EADS CASA CN-235/C-295 Technical
Document.
Conclusion
We reviewed the relevant data and determined that air safety and
the public interest require adopting the AD with the changes described
previously. We also determined that these changes will not increase the
economic burden on any operator or increase the scope of the AD.
Differences Between This 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 our FAA policies. Any such differences
are highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect about 8 products of U.S.
registry. We also estimate that it will take about 1 work-hour per
product to comply with the basic requirements of this AD. The average
labor rate is $80 per work-hour. Based on these figures, we estimate
the cost of this AD to the U.S. operators to be $640, or $80 per
product.
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.
Examining the AD Docket
You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone (800) 647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, 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:
2008-09-22 Construcciones Aeronauticas, S.A. (CASA): Amendment 39-
15503. Docket No. FAA-2007-0048; Directorate Identifier 2007-NM-181-
AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective June 5,
2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all CASA Model CN-235, CN-235-100, CN-
235-200, CN-235-300, and C-295 airplanes; certificated in any
category.
Subject
(d) Air Transport Association (ATA) of America Code 28: Fuel.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
Subsequent to accidents involving Fuel Tank System explosions in
flight * * * and on ground, the FAA published Special Federal
Aviation Regulation 88 (SFAR 88) in June 2001. SFAR 88 required a
safety review of the aircraft Fuel Tank System to determine that the
design meets the requirements of FAR (Federal Aviation Regulation)
Sec. 25.901 and Sec. 25.981(a) and (b).
[[Page 23941]]
A similar regulation has been recommended by the JAA (Joint
Aviation Authorities) to the European National Aviation Authorities
in JAA letter 04/00/02/07/03-L024 of 3 February 2003. The review was
requested to be mandated by NAA's (National Aviation Authorities)
using JAR (Joint Aviation Regulation) Sec. 25.901(c), Sec.
25.1309.
In August 2005 EASA published a policy statement on the process
for developing instructions for maintenance and inspection of Fuel
Tank System ignition source prevention (EASA D 2005/CPRO,
www.easa.eu.int/home/cert_policy_statements_en.html) that also
included the EASA expectations with regard to compliance times of
the corrective actions on the unsafe and the not unsafe part of the
harmonised design review results. On a global scale the TC (type
certificate) holders committed themselves to the EASA published
compliance dates (see EASA policy statement). The EASA policy
statement has been revised in March 2006: The date of 31-12-2005 for
the unsafe related actions was set at 01-07-2006.
Fuel Airworthiness Limitations are items arising from a systems
safety analysis that have been shown to have failure mode(s)
associated with an `unsafe condition' as defined in FAA's memo 2003-
112-15 `SFAR 88--Mandatory Action Decision Criteria'. These are
identified in Failure Conditions for which an unacceptable
probability of ignition risk could exist if specific tasks and/or
practices are not performed in accordance with the manufacturers'
requirements.
This EASA Airworthiness Directive mandates the Fuel System
Airworthiness Limitations (comprising maintenance/inspection tasks
and Critical Design Configuration Control Limitations (CDCCL)) for
the type of aircraft, that resulted from the design reviews and the
JAA recommendation and EASA policy statement mentioned above.
The corrective action is revising the Airworthiness Limitations
Section of the Instructions for Continued Airworthiness to include
CDCCL data.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Within 6 months after the effective date of this AD, or
before December 16, 2008, whichever occurs first, revise the
Airworthiness Limitations section of the Instructions for Continued
Airworthiness to include the CDCCL data using a method approved in
accordance with the procedures specified in paragraph (g)(1) of this
AD. One approved method is EADS CASA CN-235/C-295 Technical Document
DT-0-C00-05001, Issue C, dated October 2006. Where the EADS CASA
technical document refers to an EADS CASA component maintenance
manual (CMM), use the applicable CMM specified in Table 1 of this
AD.
Table 1.--Approved Methods of Compliance
----------------------------------------------------------------------------------------------------------------
CDCCL No. CDCCL description CMM Revision Date
----------------------------------------------------------------------------------------------------------------
8................ Fuel pumps.......... Parker Hannifin CMM with 5 January 10, 2008.
Illustrated Parts List
28-22-12 (replaces CM
1C12-34).
8................ Centrifugal fuel Parker Hannifin CMM with B November 20, 2006.
boost pump. Illustrated Parts List
CM 1C7-20, -21 (replaces
CMM RR54170).
9................ Low level sensor.... EADS CASA CMM with 002 June 15, 2007.
Illustrated Parts List
28-21-12.
10............... \3/4\'' shutoff Eaton CMM with 2 June 20, 2006.
motorized valve. Illustrated Parts List
28-20-81.
11............... 2'' motorized Eaton CMM with 3 June 20, 2006.
spherical plug Illustrated Parts List
pressure relief 28-10-63.
valve.
12............... Signal conditioner.. Gull CMM with Illustrated 3 June 28, 2007.
Parts List 28-40-61.
13............... Fuel control unit... Zodiac Intertechnique CMM 3 September 25, 2006.
28-41-05.
----------------------------------------------------------------------------------------------------------------
Note 1: Table 1 does not include CMM 28-22-15, CE400150-E01, and
C 17MQ0020-005SE, which are listed in EADS CASA CN-235/C-295
Technical Document DT-0-C00-05001, Issue C, dated October 2006.
These CMM document numbers no longer apply. In addition, CMM
document number 28-21-81 in EADS CASA CN-235/C-295 Technical
Document DT-0-C00-05001, Issue C, dated October 2006, should be CMM
document number 28-20-81.
(2) After accomplishing the actions specified in paragraph
(f)(1) of this AD, no alternative CDCCLs may be used unless the
CDCCLs are part of a later revision of EADS CASA CN-235/C-295
Technical Document DT-0-C00-05001, Issue C, dated October 2006, that
is approved by the Manager, ANM-116, International Branch, Transport
Airplane Directorate, FAA, or the European Aviation Safety Agency
(EASA) (or its delegated agent); or unless the CDCCLs are approved
as an alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (g)(1) of this AD.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service information
as follows: Although EASA Airworthiness Directive 2007-0007, dated
January 9, 2007, specifies to incorporate into the aircraft
maintenance program the fuel airworthiness limitation maintenance
and inspection tasks defined in EADS CASA CN-235/C-295 Technical
Document DT-0-C00-05001, Issue C, dated October 2006, we have not
included that action. The EADS CASA Technical Document does not
contain FAL maintenance and inspection tasks.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, ANM-
116, International Branch, Transport Airplane Directorate, 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: Shahram
Daneshmandi, Aerospace Engineer, International Branch, ANM-116, FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone (425) 227-1112; fax (425) 227-1149.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
(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 EASA Airworthiness Directive 2007-0007, dated
January 9, 2007; and EADS CASA CN-235/C-295 Technical Document DT-0-
C00-05001, Issue C, dated October 2006; for related information.
Material Incorporated by Reference
(i) None.
Issued in Renton, Washington, on April 24, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-9569 Filed 4-30-08; 8:45 am]
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