FR Doc E9-11997

[Federal Register: May 28, 2009 (Volume 74, Number 101)]
[Rules and Regulations]
[Page 25396-25399]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28my09-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0478; Directorate Identifier 2008-NM-133-AD;
Amendment 39-15917; AD 2009-11-07]
RIN 2120-AA64

Airworthiness Directives; British Aerospace Model HS 748
Airplanes

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

ACTION: Final rule; request for comments.

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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:

Resulting from the assessment of fuel tank wiring installations
required by SFAR 88 (Special Federal Aviation Regulation) and
equivalent JAA/EASA (Joint Aviation Authorities/European Aviation
Safety Agency) policy, BAE Systems (Operations) Limited has revised
the HS.748 Aircraft Maintenance Manual (AMM), now at Revision 19, to
introduce Chapter 05-10-00 ``Critical Design Configuration Control
Limitations (CDCCL)--Fuel System''. The CDCCLs provide instructions
to retain critical ignition source prevention features during
configuration changes that may be caused by modification, repair or
maintenance actions.
The CDCCLs have been identified as requirements for continued
airworthiness to address the risk of fuel vapour ignition sources
remaining undetected. This condition, if not corrected, could result
in a fuel tank explosion and consequent loss of the aircraft.
* * * * *
This AD requires actions that are intended to address the unsafe
condition described in the MCAI.

DATES: This AD becomes effective June 12, 2009.
The Director of the Federal Register approved the incorporation by
reference of a certain publication, listed in the AD as of June 12,
2009.
We must receive comments on this AD by June 29, 2009.

ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

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 this AD, 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.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2008-0125, dated July 2, 2008 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

[[Page 25397]]

* * * * *
The required action is revising the maintenance program to include the
CDCCL data. CDCCLs are limitation requirements to preserve a critical
ignition source prevention feature of the fuel tank system design that
is necessary to prevent the occurrence of an unsafe condition. The
purpose of a CDCCL is to provide instruction to retain the critical
ignition source prevention feature during configuration change that may
be caused by alterations, repairs, or maintenance actions. A CDCCL is
not a periodic inspection.
The FAA has examined the underlying safety issues involved in fuel
tank explosions on several large transport airplanes, including the
adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank systems. As a result of those findings, we issued a
regulation titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction and Maintenance and Inspection Requirements''
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and new maintenance requirements, this rule
included Special Federal Aviation Regulation No. 88 (``SFAR 88,''
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: single failures, single failures in
combination with a latent condition(s), and in-service failure
experience. For all four criteria, the evaluations included
consideration of previous actions taken that may mitigate the need for
further action.
The Joint Aviation Authorities (JAA) has issued a regulation that
is similar to SFAR 88. (The JAA is an associated body of the European
Civil Aviation Conference (ECAC) representing the civil aviation
regulatory authorities of a number of European States who have agreed
to co-operate in developing and implementing common safety regulatory
standards and procedures.) Under this regulation, the JAA stated that
all members of the ECAC that hold type certificates for transport
category airplanes are required to conduct a design review against
explosion risks.
We have determined that the actions identified in this AD are
necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.
You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

BAE Systems (Operations) Limited has issued Subsection 05-10-00,
``Critical Design Configuration Control Limitations (CDCCL)--Fuel
System,'' of HS 748 Aircraft Maintenance Manual (AMM), Revision 19,
dated January 15, 2008. The actions described in the CDCCL are intended
to correct the unsafe condition identified in the MCAI.

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.
There are no products of this type currently registered in the
United States. However, this rule is necessary to ensure that the
described unsafe condition is addressed if any of these products are
placed on the U.S. Register in the future.

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.

FAA's Determination of the Effective Date

Since there are currently no domestic operators of this product,
notice and opportunity for public comment before issuing this AD are
unnecessary.

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-2009-0478; Directorate
Identifier 2008-NM-133-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://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each

[[Page 25398]]

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:

2009-11-07 BAE Systems (Operations) Limited (Formerly British
Aerospace Regional Aircraft): Amendment 39-15917. Docket No. FAA-
2009-0478; Directorate Identifier 2009-NM-133-AD.

Effective Date

(a) This airworthiness directive (AD) becomes effective June 12,
2009.

Affected ADs

(b) None.

Applicability

(c) This AD applies to all BAE Systems (Operations) Limited
Model HS 748 series 2A and series 2B airplanes, certificated in any
category.

Subject

(d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

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

Resulting from the assessment of fuel tank wiring installations
required by SFAR 88 (Special Federal Aviation Regulation) and
equivalent JAA/EASA (Joint Aviation Authorities/European Aviation
Safety Agency) policy, BAE Systems (Operations) Limited has revised
the HS.748 Aircraft Maintenance Manual (AMM), now at Revision 19, to
introduce Chapter 05-10-00 ``Critical Design Configuration Control
Limitations (CDCCL)--Fuel System''. The CDCCLs provide instructions
to retain critical ignition source prevention features during
configuration changes that may be caused by modification, repair or
maintenance actions.
The CDCCLs have been identified as requirements for continued
airworthiness to address the risk of fuel vapour ignition sources
remaining undetected. This condition, if not corrected, could result
in a fuel tank explosion and consequent loss of the aircraft.
* * * * *
The required action is revising the maintenance program to include
the CDCCL data.

Actions and Compliance

(f) Unless already done, within 3 months after the effective
date of this AD, revise the maintenance program to incorporate the
CDCCL information specified in Subsection 05-10-00, ``Critical
Design Configuration Control Limitations (CDCCL)--Fuel System,'' of
BAE Systems (Operations) Limited HS 748 Aircraft Maintenance Manual
(AMM), Revision 19, dated January 15, 2008. Thereafter, no
alternative CDCCL may be used unless approved as an alternative
method of compliance in accordance with the procedures specified in
paragraph (g)(1) of this AD.

FAA AD Differences

Note 1: 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, 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: Dan
Rodina, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone (425) 227-2125; fax (425) 227-1149. Before
using any approved AMOC on any airplane to which the AMOC applies,
notify your principal maintenance inspector (PMI) or principal
avionics inspector (PAI), as appropriate, or lacking a principal
inspector, your local Flight Standards 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 Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency (EASA) Airworthiness
Directive 2008-0125, dated July 2, 2008, and Subsection 05-10-00,
``Critical Design Configuration Control Limitations (CDCCL)--Fuel
system,'' Revision 19, dated January 15, 2008, of BAE Systems
(Operations) Limited HS 748 AMM, for related information.

Material Incorporated by Reference

(i) You must use Subsection 05-10-00, ``Critical Design
Configuration Control Limitations (CDCCL)--Fuel System,'' of BAE
Systems (Operations) Limited HS 748 AMM, Revision 19, dated January
15, 2008, to do the actions required by this AD, unless the AD
specifies otherwise. BAE Systems (Operations) Limited HS 748 AMM,
Revision 19, dated January 15, 2008, contains the following
effective pages:

[[Page 25399]]

List of Effective Pages
----------------------------------------------------------------------------------------------------------------
Page title/description Page number(s) Revision number Date shown on page(s)
----------------------------------------------------------------------------------------------------------------
AMM Title Page......................... 1 19 January 15, 2008.
Chapter 05 List of Effective Pages:
1-2 * January 15, 2008.
Subsection 05-10-00:
1-2 * January 15, 2008.
----------------------------------------------------------------------------------------------------------------
* Not shown.

(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 BAE
Systems Regional Aircraft, 13850 McLearen Road, Herndon, Virginia
20171; telephone 703-736-1080; e-mail raebusiness@baesystems.com;
Internet http://www.baesystems.com/Businesses/RegionalAircraft/
index.htm.
(3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221 or 425-227-1152.
(4) You may also review copies of the service information that
is incorporated by reference 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/code_of_federal_regulations/
ibr_locations.html.

Issued in Renton, Washington, on May 15, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-11997 Filed 5-27-09; 8:45 am]

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