43632 Federal Register / Vol. 74, No. 165 / Thursday, August 27, 2009 / Rules and Regulations 

required by this AD, if it is approved by an 

Authorized Representative for the Boeing 

Commercial Airplanes Delegation Option 

Authorization Organization who has been 

authorized by the Manager, Seattle ACO, to 

make those findings. For a repair method to 

be approved, the repair must meet the 

certification basis of the airplane, and the 

approval must specifically refer to this AD. 

Material Incorporated by Reference 

(q) You must use Boeing Alert Service 

Bulletin 747–53A2349, Revision 3, dated 

October 2, 2008, as applicable, to do the 

actions required by this AD, unless the AD 

specifies otherwise. 

(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 Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1, fax 206–766– 

5680; e-mail me.boecom@boeing.com; 

Internet https://www.myboeingfleet.com. 

(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 August 

17, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–20579 Filed 8–26–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0386; Directorate 

Identifier 2008–NM–184–AD; Amendment 

39–16002; AD 2009–18–06] 

RIN 2120–AA64 

Airworthiness Directives; 

Construcciones Aeronauticas, S.A. 

(CASA), Model CN–235, CN–235–100, 

CN–235–200, and CN–235–300 

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: 

During operation in icing conditions, an 

asymmetric configuration of the de-icing 

boots was detected, occurring during the 

inflation and deflation check of the de-icing 

system. This was found to be due to an 

unexpected failure mode in the pneumatic 

and de-icing system’s control electronic 

logic. This condition, if not corrected, could 

affect the de-icing capabilities of the boots 

installed on the wing and horizontal 

stabilizers, potentially leading to loss of 

control of the aircraft. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

October 1, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of October 1, 2009. 

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, Transport Airplane Directorate, 

FAA, 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 April 29, 2009 (74 FR 

19460). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

During operation in icing conditions, an 

asymmetric configuration of the de-icing 

boots was detected, occurring during the 

inflation and deflation check of the de-icing 

system. This was found to be due to an 

unexpected failure mode in the pneumatic 

and de-icing system’s control electronic 

logic. This condition, if not corrected, could 

affect the de-icing capabilities of the boots 

installed on the wing and horizontal 

stabilizers, potentially leading to loss of 

control of the aircraft. 

To address and correct this unsafe 

condition, EADS–CASA developed 

modification 31558, approved by DGAC– 

Spain and incorporated into the Type Design 

Definition through the approval of CN–235– 

300 version AE02, revision 14 of Spanish 

Type Certificate DGAC 01/86, dated 22 

March 2002, and modification 31607, Minor 

Change approved by EADS–CASA under 

their DOA 21J.032 privileges, complementary 

to modification 31558. The entire 

modification package consists of an 

improvement of the de-icing boots electronic 

control system, making it capable of 

detecting all possible boot configurations on 

wings and horizontal stabilizers without 

affecting pneumatic system functions. The 

instructions for the in-service 

accomplishment of this modification have 

been published as CN–235 Service Bulletin 

(SB) 235–30–16 dated 21 January 2005. 

For the reasons described above, this EASA 

AD requires the modification of the De-Icing 

Boots control system in all aircraft that have 

not yet implemented the modification. 

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. 

Change to Parts Cost 

We have revised the parts cost to 

reflect the price of two kits from the 

manufacturer. The revised cost is less 

than the original cost presented in the 

NPRM. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

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 8 

products of U.S. registry. We also 


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Federal Register / Vol. 74, No. 165 / Thursday, August 27, 2009 / Rules and Regulations 43633 

estimate that it will take about 65 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $80 per work-hour. 

Required parts will cost about $7,383 

per product. Where the service 

information lists required parts costs 

that are covered under warranty, we 

have assumed that there will be no 

charge for these parts. As we do not 

control warranty coverage for affected 

parties, some parties may incur costs 

higher than estimated here. Based on 

these figures, we estimate the cost of 

this AD to the U.S. operators to be 

$100,664, or $12,583 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, Incorporation by reference, 

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: 

2009–18–06 Construcciones Aeronauticas, 

S.A. (CASA): Amendment 39–16002. 

Docket No. FAA–2009–0386; Directorate 

Identifier 2008–NM–184–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective October 1, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to CASA Model CN– 

235, CN–235–100, CN–235–200, and CN– 

235–300 airplanes, certificated in any 

category, all serial numbers up to, but not 

including, C–139. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 30: Ice and rain protection. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

During operation in icing conditions, an 

asymmetric configuration of the de-icing 

boots was detected, occurring during the 

inflation and deflation check of the de-icing 

system. This was found to be due to an 

unexpected failure mode in the pneumatic 

and de-icing system’s control electronic 

logic. This condition, if not corrected, could 

affect the de-icing capabilities of the boots 

installed on the wing and horizontal 

stabilizers, potentially leading to loss of 

control of the aircraft. 

To address and correct this unsafe 

condition, EADS–CASA developed 

modification 31558, approved by DGAC– 

Spain and incorporated into the Type Design 

Definition through the approval of CN–235– 

300 version AE02, revision 14 of Spanish 

Type Certificate DGAC 01/86, dated 22 

March 2002, and modification 31607, Minor 

Change approved by EADS–CASA under 

their DOA 21J.032 privileges, complementary 

to modification 31558. The entire 

modification package consists of an 

improvement of the de-icing boots electronic 

control system, making it capable of 

detecting all possible boot configurations on 

wings and horizontal stabilizers without 

affecting pneumatic system functions. The 

instructions for the in-service 

accomplishment of this modification have 

been published as CN–235 Service Bulletin 

(SB) 235–30–16 dated 21 January 2005. 

For the reasons described above, this EASA 

AD requires the modification of the De-Icing 

Boots control system in all aircraft that have 

not yet implemented the modification. 

Actions and Compliance 

(f) Unless already done, within six months 

after the effective date of this AD: Modify the 

aircraft de-icing boots control system in 

accordance with the Accomplishment 

Instructions of European Aeronautic Defense 

and Space Company (EADS) CASA Service 

Bulletin SB–235–30–16, dated January 21, 

2005. 

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, 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, Transport 

Airplane Directorate, FAA, 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 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 FAAapproved 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, 


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43634 Federal Register / Vol. 74, No. 165 / Thursday, August 27, 2009 / Rules and Regulations 

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 European Aviation 

Safety Agency (EASA) Airworthiness 

Directive 2008–0118, dated June 27, 2008; 

and EADS CASA Service Bulletin SB–235– 

30–16, dated January 21, 2005; for related 

information. 

Material Incorporated by Reference 

(i) You must use EADS CASA Service 

Bulletin SB–235–30–16, dated January 21, 

2005, to do the actions required by this AD, 

unless the AD specifies otherwise. 

(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 EADS–CASA, Military 

Transport Aircraft Division (MTAD), 

Integrated Customer Services (ICS), 

Technical Services, Avenida de Arago ́n 404, 

28022 Madrid, Spain; telephone +34 91 585 

55 84; fax +34 91 585 55 05; e-mail 

MTA.TechnicalService@casa.eads.net; 

Internet http://www.eads.net. 

(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 August 

17, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–20581 Filed 8–26–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0174; Directorate 

Identifier 2008–NE–03–AD; Amendment 39– 

15997; AD 2009–18–01] 

RIN 2120–AA64 

Airworthiness Directives; CFM 

International, S.A. CFM56–5B1/P; –5B2/ 

P; –5B3/P; –5B3/P1; –5B4/P; –5B4/P1; 

–5B5/P; –5B6/P; –5B7/P; –5B8/P; –5B9/ 

P; –5B1/3; –5B2/3; –5B3/3; –5B4/3; 

–5B5/3; –5B6/3; –5B7/3; –5B8/3; –5B9/ 

3; –5B3/3B1; and –5B4/3B1 Turbofan 

Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for CFM 

International, S.A. CFM56–5B1/P; –5B2/ 

P; –5B3/P; –5B3/P1; –5B4/P; –5B4/P1; 

–5B5/P; –5B6/P; –5B7/P; –5B8/P; –5B9/ 

P; –5B1/3; –5B2/3; –5B3/3; –5B4/3; 

–5B5/3; –5B6/3; –5B7/3; –5B8/3; –5B9/ 

3; –5B3/3B1; and –5B4/3B1 turbofan 

engines. This AD requires initial and 

repetitive eddy current inspections 

(ECIs) of certain part number (P/N) lowpressure (LP) turbine rear frames. This 

AD results from a refined lifing analysis 

by the engine manufacturer that shows 

the need to identify initial and 

repetitive inspection thresholds for 

inspecting certain LP turbine rear 

frames. We are issuing this AD to detect 

low-cycle-fatigue cracks in the LP 

turbine rear frame, which could result 

in an engine separating from the 

airplane, causing damage to, and 

possibly leading to loss of control of the 

airplane. 

DATES: This AD becomes effective 

October 1, 2009. The Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in the regulations as 

of October 1, 2009. 

ADDRESSES: You can get the service 

information identified in this AD from 

CFM International, Technical 

Publications Department, 1 Neumann 

Way, Cincinnati, OH 45215; telephone 

(513) 552–2800; fax (513) 552–2816. 

The Docket Operations office is 

located at Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

FOR FURTHER INFORMATION CONTACT: 

Stephen Sheely, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: 

stephen.k.sheely@faa.gov; telephone 

(781) 238–7750; fax (781) 238–7199. 

SUPPLEMENTARY INFORMATION: The FAA 

proposed to amend 14 CFR part 39 with 

a proposed AD and a supplemental 

proposed AD. The proposed AD applies 

to CFM International, S.A. CFM56–5B1/ 

P; –5B2/P; –5B3/P; –5B3/P1; –5B4/P; 

–5B4/P1; –5B5/P; –5B6/P; –5B7/P; 

–5B8/P; and –5B9/P turbofan engines, 

and the supplemental proposed AD 

applies to CFM International, S.A. 

CFM56–5B1/P; –5B2/P; –5B3/P; –5B3/ 

P1; –5B4/P; –5B4/P1; –5B5/P; –5B6/P; 

–5B7/P; –5B8/P; –5B9/P; –5B1/3; –5B2/ 

3; –5B3/3; –5B4/3; –5B5/3; –5B6/3; 

–5B7/3; –5B8/3; –5B9/3; –5B3/3B1; and 

–5B4/3B1 turbofan engines. We 

published the proposed AD in the 

Federal Register on May 7, 2008 (73 FR 

25597). That action proposed to require 

initial and repetitive ECIs of certain 

P/N LP turbine rear frames. We 

published the supplemental proposed 

AD in the Federal Register on April 24, 

2009 (74 FR 18662). That action 

proposed to require initial and 

repetitive ECIs of those same P/N LP 

turbine rear frames, to add two 

additional P/N LP turbine rear frames, 

to add 11 engine models to the 

applicability, and to clarify the 

commercial and corporate engines/LP 

turbine rear frames applicability. 

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 provided in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comment received. 

One commenter, CFM International, 

S.A. requests that we reference the latest 

European Aviation Safety Agency AD 

2009–0110, dated May 7, 2009, as it is 

up-to-date on P/Ns and engine models 

affected. 

We agree and changed the AD to 

reference AD 2009–0110. 


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