[Federal Register Volume 77, Number 202 (Thursday, October 18, 2012)]
[Proposed Rules]
[Pages 64053-64055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25673]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 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.
 
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 

  Federal Register / Vol. 77, No. 202 / Thursday, October 18, 2012 / 
Proposed Rules  

[[Page 64053]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1102; Directorate Identifier 2012-NM-062-AD]
RIN 2120-AA64


Airworthiness Directives; EADS CASA (Type Certificate Previously 
Held by Construcciones Aeron[aacute]uticas, S.A.) 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 all 
EADS CASA (Type Certificate Previously Held by Construcciones 
Aeron[aacute]uticas, S.A.) Model CN-235, CN-235-100, CN-235-200, and 
CN-235-300 airplanes. This proposed AD was prompted by reports of 
incorrect electrical polarity connections on engine fire extinguishing 
discharge cartridges. This proposed AD would require a one-time 
inspection to identify the correct polarity for each pair of electrical 
connectors on each engine fire extinguisher cartridge, and repair if 
necessary. We are proposing this AD to detect and correct incorrect 
polarity connections, which could prevent the actuation of the 
discharge cartridge in case of automatic fire detection or manual 
initiation during a potential engine fire, and could result in damage 
to the airplane and injury to passengers.

DATES: We must receive comments on this proposed AD by December 3, 
2012.

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 W12-140, 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; email [email protected]; 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, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

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, WA 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-2012-1102; 
Directorate Identifier 2012-NM-062-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 2012-0045, dated March 21, 2012 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Reports have been received of finding wrong electrical polarity 
connections of engine fire extinguishing discharge cartridges on 
CASA CN-235 aeroplanes. The results of the subsequent investigation 
showed that the incorrect discharge cartridge assembly was caused by 
production line errors.
    This condition, if not detected and corrected, could prevent the 
actuation of the discharge cartridge in case of automatic fire 
detection or manual initiation in case of engine fire, possibly 
resulting in damage to the aeroplane and injury to occupants.
    To address this potential unsafe condition, EADS CASA (Airbus 
Military) developed instructions to identify erroneous wiring 
polarity installation.
    For the reasons described above this [EASA] AD requires a one-
time inspection to verify proper electrical polarity of wiring of 
each engine fire extinguisher discharge cartridge and, depending on 
findings, corrective action [accomplish the repair].

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    EADS CASA has issued Airbus Military All Operator Letter 235-020, 
dated March 9, 2012. 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

[[Page 64054]]

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.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 6 products of U.S. registry. We also estimate that 
it would take about 4 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $2,040, or $340 per product.
    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this proposed 
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 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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:

EADS CASA (Type Certificate Previously Held by Construcciones 
Aeron[aacute]uticas, S.A.): Docket No. FAA-2012-1102; Directorate 
Identifier 2012-NM-062-AD.

(a) Comments Due Date

    We must receive comments by December 3, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all EADS CASA (Type Certificate previously 
held by Construcciones Aeron[aacute]uticas, S.A.) Model CN-235, CN-
235-100, CN-235-200, and CN-235-300 airplanes, certificated in any 
category, all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 26, Fire 
protection.

(e) Reason

    This AD was prompted by reports of incorrect electrical polarity 
connections on engine fire extinguishing discharge cartridges. We 
are issuing this AD to detect and correct incorrect polarity 
connections, which could prevent the actuation of the discharge 
cartridge in case of automatic fire detection or manual initiation 
during a potential engine fire, and could result in damage to the 
airplane and injury to passengers.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Inspection

    Within 30 days after the effective date of this AD, do a one-
time inspection to identify the correct polarity for each pair of 
electrical connectors on each engine fire extinguisher cartridge, in 
accordance with the Instructions of Airbus Military All Operator 
Letter 235-020, dated March 9, 2012.

(h) Corrective Action

    If, during the inspection required by paragraph (g) of this AD, 
erroneous wiring polarity is detected: Before further flight, repair 
in accordance with a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or European 
Aviation Safety Agency (EASA) (or its delegated agent).

 (i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or local Flight Standards District Office, as 
appropriate. If sending information directly to the International 
Branch, send it to ATTN: Shahram Daneshmandi, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone (425) 227-
1112; fax (425) 227-1149. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office/
certificate holding district office. The AMOC approval letter must 
specifically reference this AD.
    (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.

(j) Related Information

    (1) Refer to MCAI EASA Airworthiness Directive 2012-0045, dated 
March 21, 2012; and Airbus Military All Operator Letter 235-020, 
dated March 9, 2012; for related information.
    (2) For service information identified in this 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; email [email protected]; 
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,

[[Page 64055]]

WA. For information on the availability of this material at the FAA, 
call 425-227-1221.

    Issued in Renton, Washington, on October 5, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-25673 Filed 10-17-12; 8:45 am]
BILLING CODE 4910-13-P