[Federal Register Volume 74, Number 101 (Thursday, May 28, 2009)]
[Rules and Regulations]
[Pages 25396-25399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11997]


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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]]


    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. 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 [email protected]; 
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]
BILLING CODE 4910-13-P