[Federal Register Volume 78, Number 22 (Friday, February 1, 2013)]
[Rules and Regulations]
[Pages 7262-7264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02074]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1102; Directorate Identifier 2012-NM-062-AD; 
Amendment 39-17333; AD 2013-02-12]
RIN 2120-AA64


Airworthiness Directives; EADS CASA (Type Certificate Previously 
Held by Construcciones Aeron[aacute]uticas, S.A.) Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

[[Page 7263]]


ACTION: Final rule.

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SUMMARY: We are adopting 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 AD was prompted by reports of incorrect 
electrical polarity connections on engine fire extinguishing discharge 
cartridges. This AD requires 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 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.

DATES: This AD becomes effective March 8, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 8, 
2013.

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, WA 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 18, 2012 (77 
FR 64053). That NPRM proposed to correct an unsafe condition for the 
specified products. The Mandatory Continuing Airworthiness Information 
(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 [European Aviation Safety 
Agency] 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (77 FR 64053, October 18, 
2012) or on the determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

Costs of Compliance

    We estimate that this AD will affect 6 products of U.S. registry. 
We also estimate that it will take about 4 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD to the 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 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 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 that 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);
    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 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 (77 FR 64053, October 18, 
2012), 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

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2013-02-12 EADS CASA (Type Certificate previously held by 
Construcciones Aeron[aacute]uticas, S.A.): Amendment 39-

[[Page 7264]]

17333. Docket No. FAA-2012-1102; Directorate Identifier 2012-NM-062-
AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective March 8, 
2013.

(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, Transport Airplane Directorate, 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

    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.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Military All Operator Letter 235-020, dated March 9, 
2012.
    (ii) Reserved.
    (3) 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.
    (4) You may review copies of the 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.
    (5) You may view this 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on January 23, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-02074 Filed 1-31-13; 8:45 am]
BILLING CODE 4910-13-P