This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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REGISTER issue of each week.

Rules and Regulations Federal Register

23939 

Vol. 73, No. 85 

Thursday, May 1, 2008 

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) § 25.901 

and § 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) § 25.901(c), 

§ 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 


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23940 Federal Register / Vol. 73, No. 85 / Thursday, May 1, 2008 / Rules and Regulations 

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 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 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) § 25.901 

and § 25.981(a) and (b). 


rfrederick on PROD1PC67 with RULES
Federal Register / Vol. 73, No. 85 / Thursday, May 1, 2008 / Rules and Regulations 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) § 25.901(c), 

§ 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 Illustrated Parts List 28–22–12 

(replaces CM 1C12–34).

5 January 10, 2008. 

8 ............ Centrifugal fuel boost pump ... Parker Hannifin CMM with Illustrated Parts List CM 1C7–20, 

–21 (replaces CMM RR54170).

B November 20, 2006. 

9 ............ Low level sensor .................... EADS CASA CMM with Illustrated Parts List 28–21–12 ........ 002 June 15, 2007. 

10 .......... 3⁄4′′ shutoff motorized valve .... Eaton CMM with Illustrated Parts List 28–20–81 ................... 2 June 20, 2006. 

11 .......... 2′′ motorized spherical plug 

pressure relief valve.

Eaton CMM with Illustrated Parts List 28–10–63 ................... 3 June 20, 2006. 

12 .......... Signal conditioner ................... Gull CMM with Illustrated Parts List 28–40–61 ...................... 3 June 28, 2007. 

13 .......... Fuel control unit ...................... Zodiac Intertechnique CMM 28–41–05 ................................... 3 September 25, 2006. 

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] 

BILLING CODE 4910–13–P 


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