[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
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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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.
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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