[Federal Register Volume 78, Number 236 (Monday, December 9, 2013)]
[Proposed Rules]
[Pages 73742-73744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29320]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0980; Directorate Identifier 2013-NM-129-AD]
RIN 2120-AA64


Airworthiness Directives; EADS CASA (Type Certificate Previously 
Held by Construcciones Aeronauticas, 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 
certain EADS CASA (Type Certificate Previously Held by Construcciones 
Aeronauticas, S.A.) Model CN-235-300 airplanes. This proposed AD was 
prompted by reports of reduced thickness of the center fuselage lower 
skin panel. This proposed AD would require a detailed inspection to 
determine the presence of panel thickness reduction, and repetitive 
nondestructive testing (NDT) inspections and repair if necessary. We 
are proposing this AD to detect and correct a reduced thickness of 
lower panel joints, which could result in reduced fatigue and damage 
tolerant characteristics of the lower panel joint to the adjacent side 
panels and lead to failure of the center fuselage lower skin panel, 
resulting in loss of control of the airplane.

DATES: We must receive comments on this proposed AD by January 23, 
2014.

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 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 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-2013-0980; 
Directorate Identifier 2013-NM-129-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 2013-0131, dated June 25, 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:

    During delivery of a spare centre fuselage lower skin panel to a 
CN-235 aeroplane operator, a reduced thickness of the spare panel 
was identified. The affected panel is used as the lower part of the 
fuselage between Frame (FR) FR13 and FR21, and from Stringer (STR) 
24 left hand (LH) side to STR24 right hand (RH) side. Several CN-235 
aeroplanes could have been delivered with a reduced thickness panel.
    This condition, if not detected and corrected, could result in 
reduced fatigue and damage tolerant characteristics of the lower 
panel joint to the adjacent side panels and lead to failure of the 
part.
    To address this potentially unsafe condition, EADS-CASA issued 
All Operator Letter (AOL) 235-024 to provide instructions to 
determine correct centre fuselage lower panel configuration by 
accomplishing a detailed visual inspection (DVI) of affected 
fuselage area [for any cracking].
    For the reason described above, this [EASA] AD requires a one-
time inspection of the affected panel thickness at STR24 LH and 
STR24 RH. In case a nonconforming panel is found to be installed, 
this [EASA] AD requires repetitive Non Destructive Testing (NDT) 
inspections and, depending on findings, the accomplishment of 
applicable corrective action(s).


[[Page 73743]]


    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-2013-0980.

Relevant Service Information

    EADS CASA (Type Certificate Previously Held by Construcciones 
Aeronauticas, S.A.) has issued EADS CASA All Operator Letter 235-024, 
Revision 01, dated March 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 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.
    In many FAA transport ADs, when the service information specifies 
to contact the manufacturer for further instructions if certain 
discrepancies are found, we typically include in the AD a requirement 
to accomplish the action using a method approved by either the FAA or 
the State of Design Authority (or its delegated agent).
    We have recently been notified that certain laws in other countries 
do not allow such delegation of authority, but some countries do 
recognize design approval organizations. In addition, we have become 
aware that some U.S. operators have used repair instructions that were 
previously approved by a State of Design Authority or a manufacturer 
Design Approval Holder (DAH) as a method of compliance with this 
provision in FAA ADs. Frequently, in these cases, the previously 
approved repair instructions come from the airplane structural repair 
manual or Airbus the DAH repair approval statements (RAS) that were not 
specifically developed to address the unsafe condition corrected by the 
AD. Using repair instructions that were not specifically approved for a 
particular AD creates the potential for doing repairs that were not 
developed to address the unsafe condition identified by the MCAI AD, 
the FAA AD, or the applicable service information, which could result 
in the unsafe condition not being fully corrected.
    To prevent the use of repairs that were not specifically developed 
to correct the unsafe condition, this proposed AD would require that 
the repair approval specifically refer to the FAA AD. This change is 
intended to clarify the method of compliance and to provide operators 
with better visibility of repairs that are specifically developed and 
approved to correct the unsafe condition. In addition, we use the 
phrase ``its delegated agent, or the DAH with State of Design Authority 
design organization approval, as applicable'' in this proposed AD to 
refer to an organization DAH authorized to approve required repairs for 
this proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 20 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                                 Estimated costs
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
              Action                     Labor cost       Parts cost    Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Detailed visual inspection........  1 work-hour x $85            N/A  $85.................  $1,700.
                                     per hour = $85.
NDT inspections...................  19 work-hours x $85          N/A  $1,615 per            $32,300 per
                                     per hour = $1,615                 inspection cycle.     inspection cycle.
                                     per inspection
                                     cycle.
----------------------------------------------------------------------------------------------------------------

    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.

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

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:

EADS CASA (Type Certificate Previously Held by Construcciones 
Aeronauticas, S.A.): Docket No. FAA-2013-0980; Directorate 
Identifier 2013-NM-129-AD.

[[Page 73744]]

(a) Comments Due Date

    We must receive comments by January 23, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to EADS CASA (Type Certificate previously held 
by Construcciones Aeronauticas, S.A.) Model CN-235-300 airplanes, 
certificated in any category, manufacturer serial numbers (MSN) C-
143 through C-208, inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by reports of reduced thickness of the 
center fuselage lower skin panel. We are issuing this AD to detect 
and correct a reduced thickness of lower panel joints, which could 
result in reduced fatigue and damage tolerant characteristics of the 
lower panel joint to the adjacent side panels and lead to failure of 
the center fuselage lower skin panel, resulting in loss of control 
of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Detailed Visual Inspection

    For airplanes having MSNs C-143 through C-195 inclusive, C-201, 
and C-202: At the applicable time specified in paragraph (g)(1) or 
(g)(2) of this AD, do a detailed inspection to determine the 
presence of panel thickness reduction of the lower panel joint with 
the side panels at stringer (STR)24 left-hand and STR24 right-hand, 
in accordance with EADS CASA All Operator Letter (AOL) 235-024, 
Revision 01, dated March 1, 2013.
    (1) For airplane versions CG01, CL04, ED01, GC01, MM01, and 
SM01: At the later of the times specified in paragraphs (g)(1)(i) 
and (g)(1)(ii) of this AD.
    (i) Before the accumulation of 1,900 total flight cycles.
    (ii) Within 10 flight cycles or 30 days after the effective date 
of this AD, whichever occurs first.
    (2) For any airplane version not identified in paragraph (g)(1) 
of this AD: At the later of the times specified in paragraphs 
(g)(2)(i) and (g)(2)(ii) of this AD.
    (i) Before the accumulation of 3,800 total flight cycles.
    (ii) Within 10 flight cycles or 30 days after the effective date 
of this AD, whichever occurs first.

(h) Repetitive Non Destructive Test (NDT)

    (1) For airplanes having MSNs C-196 through C-200 inclusive and 
C-203 through C-208 inclusive, and for airplanes with a reduced 
panel thickness identified during the inspection required by 
paragraph (g) of this AD: At the applicable time specified in 
paragraph (g)(1)(i) of this AD (for airplanes identified in 
paragraph (g)(1) of this AD), or paragraph (g)(2)(i) of this AD (for 
airplanes identified in paragraph (g)(2) of this AD), or within 50 
flight cycles after the effective date of this AD, whichever occurs 
later, do a NDT inspection for cracking, in accordance with EADS 
CASA AOL 235-024, Revision 01, dated March 1, 2013. Repeat the 
inspection thereafter at the applicable time specified in paragraph 
(h)(1)(i) or (h)(1)(ii) of this AD.
    (i) For airplane versions CG01, CL04, ED01, GC01, MM01, and 
SM01: At intervals not to exceed 1,000 flight cycles.
    (ii) For airplane versions other than those identified in 
paragraph (h)(1)(i) of this AD: At intervals not to exceed 2,000 
flight cycles.
    (2) If any cracking is detected during the inspection required 
by paragraph (h)(1) of this AD, before further flight, repair using 
a method approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA; or the European Aviation Safety 
Agency (EASA) (or its delegated agent, or the Design Approval Holder 
with EASA design organization approval). For a repair method to be 
approved, the repair approval must specifically refer to this AD.

(i) Credit for Previous Actions

    This paragraph provides credit for the inspections required by 
paragraphs (g) and (h) of this AD if those actions were performed 
before the effective date of this AD using EADS CASA AOL 235-024, 
dated February 12, 2013.

(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, 
Washington 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, 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 the Design Approval Holder 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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
European Aviation Safety Agency Airworthiness Directive 2013-0131, 
dated June 25, 2013, for related information. This MCAI may be found 
in the AD docket on the Internet at http://www.regulations.gov by 
searching for and locating it in Docket No. FAA-2013-0980.
    (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 view this 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.

    Issued in Renton, Washington, on December 2, 2013.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-29320 Filed 12-6-13; 8:45 am]
BILLING CODE 4910-13-P