This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

19460 

Vol. 74, No. 81 

Wednesday, April 29, 2009 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0386; Directorate 

Identifier 2008–NM–184–AD] 

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), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

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. The proposed AD would 

require actions that are intended to 

address the unsafe condition described 

in the MCAI. 

DATES: We must receive comments on 

this proposed AD by May 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. 

For service information identified in 

this proposed 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. You may 

review copies of the referenced 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. 

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 proposed 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: 

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: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2009–0386; Directorate Identifier 

2008–NM–184–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on 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 

substantive verbal contact we receive 

about this proposed AD. 

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 2008–0118, 

dated June 27, 2008 (referred to after 

this as ‘‘the MCAI’’), 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 DGACSpain 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. 


tjames on PRODPC75 with PROPOSALS
Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Proposed Rules 19461 

Relevant Service Information 

European Aeronautic Defense and 

Space Company (EADS) CASA has 

issued Service Bulletin SB–235–30–16, 

dated January 21, 2005. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

FAA’s Determination and Requirements 

of This Proposed 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 proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

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 proposed 

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 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 8 products of U.S. registry. 

We also estimate that it would take 

about 65 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $80 per work-hour. Required 

parts would cost $193,603 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 costs. 

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 the proposed AD on U.S. 

operators to be $1,590,424, or $198,803 

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 proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would 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 proposed regulation: 

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 proposed 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. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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: 

Construcciones Aeronauticas, S.A. (CASA): 

Docket No. FAA–2009–0386; Directorate 

Identifier 2008–NM–184–AD. 

Comments Due Date 

(a) We must receive comments by May 29, 

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 DGACSpain 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 


tjames on PRODPC75 with PROPOSALS
19462 Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Proposed Rules 

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, 

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. 

Issued in Renton, Washington, on April 15, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–9730 Filed 4–28–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0379; Directorate 

Identifier 2008–NM–220–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A318, A319, A320, and A321 Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

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: An A320 operator 

experienced difficulties in extending the 

RAT [ram air turbine] during a 

deployment testing. During the trouble 

shooting, the Ejection Jack of the RAT 

was removed and investigated. The 

investigation identified excessive wear 

of the uplock segments against the inner 

cylinder of the Ejection Jack, due to an 

incorrect blend radius of the inner 

cylinder. This Ejection Jack failure may 

prevent the effective deployment and 

use of the RAT in emergency 

conditions. The proposed AD would 

require actions that are intended to 

address the unsafe condition described 

in the MCAI. 

DATES: We must receive comments on 

this proposed AD May 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. 

For service information identified in 

this proposed AD, contact Airbus, 

Airworthiness Office—EAS, 1 Rond 

Point Maurice Bellonte, 31707 Blagnac 

Cedex, France; fax +33 5 61 93 44 51; 

e-mail: account.airwortheas@airbus.com; Internet http:// 

www.airbus.com. You may review 

copies of the referenced 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. 

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 proposed 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: Tim 

Dulin, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2141; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2009–0379; Directorate Identifier 

2008–NM–220–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on 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 

substantive verbal contact we receive 

about this proposed AD. 

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 2008–0199, 

dated November 5, 2008 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 


tjames on PRODPC75 with PROPOSALS