[Federal Register Volume 74, Number 81 (Wednesday, April 29, 2009)]
[Proposed Rules]
[Pages 19460-19462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9730]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================


Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / 
Proposed Rules

[[Page 19460]]



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).

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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:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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 Arag[oacute]n 
404, 28022 Madrid, Spain; telephone +34 91 585 55 84; fax +34 91 585 55 
05; e-mail <a href="/cdn-cgi/l/email-protection#632e37224d3706000b0d0a00020f300611150a000623000210024d060207104d0d0617"><span class="__cf_email__" data-cfemail="662b3227483203050e080f05070a350314100f05032605071507480307021548080312">[email protected]</span></a>; 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 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.

[[Page 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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  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 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

[[Page 19462]]

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 
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 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


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