[Federal Register Volume 73, Number 85 (Thursday, May 1, 2008)]
[Rules and Regulations]
[Pages 23939-23941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9569]



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  Federal Register / Vol. 73, No. 85 / Thursday, May 1, 2008 / Rules 
and Regulations  

[[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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