[Federal Register Volume 78, Number 221 (Friday, November 15, 2013)]
[Rules and Regulations]
[Pages 68688-68691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27017]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0870; Directorate Identifier 2013-NM- 166-AD; 
Amendment 39-17657; AD 2013-23-02]
RIN 2120-AA64


Airworthiness Directives; EADS CASA (Type Certificate Previously 
Held by Construcciones Aeronauticas, S.A.) Airplanes

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

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for all 
EADS CASA (Type Certificate previously held by Construcciones 
Aeronauticas, S.A.) Model CN-235, CN-235-100, CN-235-200, CN-235-300, 
and C-295 airplanes. This AD requires inspection of the feeder cables 
of certain fuel booster pumps for damage (including, but not limited 
to, signs of electrical arcing and fuel leaks), and replacement if 
necessary. This AD was prompted by a report of an in-flight problem 
with the fuel transfer system. We are issuing this AD to detect and 
correct damage to certain fuel booster pumps, which could create an 
ignition source in the fuel tank vapor space, and result in a fuel tank 
explosion and consequent loss of the airplane.

DATES: This AD becomes effective December 2, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of December 2, 
2013.
    We must receive comments on this AD by December 30, 2013.

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 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 view this 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 Management Facility 
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 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: 

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 2013-0186, dated August 16, 2013 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    An occurrence with a CN-235 aeroplane has been reported, 
involving an in-flight problem with the fuel transfer system.
    The results of the subsequent investigation revealed damage on 
the fuel booster pump electrical feeding cable and some burn marks 
on the pump body and plate (fairing) at the external side of the 
fuel tank; confirmed electrical arcing between the wire and pump 
body; and revealed as well fuel leakage onto the affected wire.
    This condition, if not detected and corrected, could create an 
ignition source in the fuel tank vapour space, possibly resulting in 
a fuel tank explosion and loss of the aeroplane.
    To address this potential unsafe condition, EADS CASA (Airbus 
Military) issued All Operators Letter (AOL) 235-025 and AOL

[[Page 68689]]

295-025, providing inspection instructions for the affected fuel 
booster pumps, Part Number (P/N) 1C12-34 and P/N 1C12-46.
    For the reasons described above, this [EASA] AD requires a one-
time [detail visual] inspection of the affected fuel booster pumps 
to detect damage [including, but not limited, to signs of electrical 
arcing and fuel leaks] and, depending on findings, replacement of 
the fuel booster pump. This [EASA] AD also requires the reporting of 
all findings to EADS CASA for evaluation.
    This [EASA] AD is considered to be an interim action and further 
AD action may follow.

You may examine the MCAI on the Internet at http://www.regulations.gov 
by searching for and locating it in Docket No. FAA-2013-0870.

Relevant Service Information

    Airbus Military (EADS CASA) has issued the following service 
information.
     For Model CN-235 airplanes: Airbus Military All Operator 
Letter 235-025, dated July 29, 2013.
     For Model C-295 airplanes: Airbus Military All Operator 
Letter 295-025, Revision 01, dated August 1, 2013.

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 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because 
damage to the fuel booster pump could create an ignition source in the 
fuel tank vapor space, which could result in a fuel tank explosion and 
consequent loss of the airplane. Therefore, we determined that notice 
and opportunity for public comment before issuing this AD are 
impracticable and that good cause exists for making this amendment 
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2013-0870; Directorate 
Identifier 2013-NM-166-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
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 AD.

Costs of Compliance

    We estimate that this AD affects 35 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                   Cost on U.S.
             Action                      Labor cost            Parts cost     Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Inspection of fuel boost pump...  2 work-hours x $85 per                $0   $170 per fuel              $11,900
                                   hour = $170 per fuel                       boost pump.
                                   boost pump.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements 
that would be required based on the results of the inspection. We have 
no way of determining the number of aircraft that might need this 
replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                         Labor cost             Parts cost           Cost per product
----------------------------------------------------------------------------------------------------------------
Replacement of fuel boost pump.....  3 work-hours x $85 per hour         $16,080   $16,335 per pump.
                                      = $255 per pump.
----------------------------------------------------------------------------------------------------------------

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this AD is mandatory. Comments concerning the accuracy of this burden 
and suggestions for reducing the burden should be directed to the FAA 
at 800 Independence Ave. SW., Washington, DC 20591. ATTN: Information 
Collection Clearance Officer, AES-200.

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

[[Page 68690]]

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.

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 airworthiness 
directive (AD):

2013-23-02 EADS CASA (Type Certificate Previously Held by 
Construcciones Aeronauticas, S.A.): Amendment 39-17657. Docket No. 
FAA-2013-0870; Directorate Identifier 2013-NM-166-AD.

(a) Effective Date

    This AD becomes effective December 2, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to EADS CASA (Type Certificate previously held 
by Construcciones Aeronauticas, S.A.) Model CN-235, CN-235-100, CN-
235-200, CN-235-300, and C-295 airplanes, certificated in any 
category, all manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by a report of an in-flight problem with 
the fuel transfer system. We are issuing this AD to detect and 
correct damage to certain fuel booster pumps, which could create an 
ignition source in the fuel tank vapor space, and result in a fuel 
tank explosion and consequent loss of the airplane.

(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 of the Feeder Cables of Certain Fuel Booster Pumps

    Within the times specified in paragraph (g)(1) or (g)(2) of this 
AD, as applicable: Perform a detailed visual inspection for damage 
(including, but not limited to, signs of electrical arcing and fuel 
leaks) of the electrical feeder cables of each fuel booster pump 
having part number (P/N) 1C12-34 or 1C12-46, in accordance with the 
instructions of Airbus Military All Operator Letter 235-025, dated 
July 29, 2013 (for Model CN-235 airplanes); or Airbus Military All 
Operator Letter 295-025, Revision 01, dated August 1, 2013 (for 
Model C-295 airplanes).
    (1) For each fuel booster pump that has not been replaced as of 
the effective date of this AD: Prior to the accumulation of 300 
total flight hours or within 5 cycles after the effective date of 
this AD, whichever occurs later.
    (2) For each fuel booster pump that has been replaced as of the 
effective date of this AD: Within 300 flight hours since the most 
recent fuel booster pump replacement, or within 5 flight cycles 
after the effective date of this AD, whichever occurs later.

(h) Replacement of Affected Fuel Boost Pumps

    If any damage (including, but not limited to, signs of 
electrical arcing and fuel leaks) is found during the inspection 
required by paragraph (g) of this AD: Within the time specified in 
paragraph (h)(1) or (h)(2) of this AD, replace the affected fuel 
booster pump with a serviceable pump, in accordance with Airbus 
Military All Operator Letter 235-025, dated July 29, 2013 (for Model 
CN-235 airplanes); or Airbus Military All Operator Letter 295-025, 
Revision 01, dated August 1, 2013 (for Model C-295 airplanes).
    (1) Before further flight.
    (2) Within 10 days following the inspection, provided that the 
airplane is operated under the conditions specified in Airbus 
Military All Operator Letter 235-025, dated July 29, 2013 (for Model 
CN-235 airplanes); or Airbus Military All Operator Letter 295-025, 
Revision 01, dated August 1, 2013 (for Model C-295 airplanes).

(i) Report of Inspection Findings

    At the applicable time specified in paragraph (i)(1) or (i)(2) 
of this AD, submit an inspection report to EADS CASA (Airbus 
Military), in accordance with Airbus Military All Operator Letter 
235-025, dated July 29, 2013 (for Model CN-235 airplanes); or Airbus 
Military All Operator Letter 295-025, Revision 01, dated August 1, 
2013 (for Model C-295 airplanes).
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 10 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 10 days after the effective date of 
this AD.

(j) 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; phone: (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, use these actions if they 
are FAA-approved. Corrective actions are considered FAA-approved if 
they were approved by the State of Design Authority (or its 
delegated agent, or by the Design Approval Holder (DAH) with a State 
of Design Authority's design organization approval). For a repair 
method to be approved, the repair approval must specifically refer 
to this AD. You are required to ensure the product is airworthy 
before it is returned to service.
    (3) Reporting Requirements: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response,

[[Page 68691]]

including the time for reviewing instructions, completing, and 
reviewing the collection of information. All responses to this 
collection of information are mandatory. Comments concerning the 
accuracy of this burden and suggestions for reducing the burden 
should be directed to the FAA at: 800 Independence Ave. SW., 
Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

(k) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
European Aviation Safety Agency Airworthiness Directive 2013-0186, 
dated August 16, 2013, for related information. You may examine the 
MCAI in the AD docket on the Internet at http://www.regulations.gov 
by searching for and locating it in Docket No. FAA-2013-0870.

(l) 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 this AD specifies otherwise.
    (i) Airbus Military All Operator Letter 235-025, dated July 29, 
2013.
    (ii) Airbus Military All Operator Letter 295-025, Revision 01, 
dated August 1, 2013.
    (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 view this 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 October 31, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-27017 Filed 11-14-13; 8:45 am]
BILLING CODE 4910-13-P