[Federal Register Volume 79, Number 135 (Tuesday, July 15, 2014)]
[Rules and Regulations]
[Pages 41111-41114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15804]
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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;
Amendment 39-17891; AD 2014-13-15]
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.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
EADS CASA (Type Certificate Previously Held by Construcciones
Aeronauticas, S.A.) Model CN-235-300 airplanes. This AD was prompted by
reports of reduced thickness of the center fuselage lower skin panel.
This AD requires a detailed inspection to determine the presence of
panel thickness reduction; and repetitive nondestructive testing (NDT)
inspections and repair if necessary. We are issuing this AD to detect
and correct 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 failure of the center
fuselage lower skin panel, resulting in loss of control of the
airplane.
DATES: This AD becomes effective August 19, 2014.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 19,
2014.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-0980; or in person at the
Docket Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC.
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.
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:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain EADS CASA (Type
Certificate Previously Held by Construcciones Aeronauticas, S.A.) Model
CN-235-300 airplanes. The NPRM published in the Federal Register on
December 9, 2013 (78 FR 73742).
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:
[[Page 41112]]
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).
You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0980-0003.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (78 FR 73742, December 9,
2013) or on the determination of the cost to the public.
``Contacting the Manufacturer'' Paragraph in This AD
Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD.
The MCAI or referenced service information in an FAA AD often
directs the owner/operator to contact the manufacturer for corrective
actions, such as a repair. Briefly, the Airworthy Product paragraph
allowed owners/operators to use corrective actions provided by the
manufacturer if those actions were FAA-approved. In addition, the
paragraph stated that any actions approved by the State of Design
Authority (or its delegated agent) are considered to be FAA-approved.
In the NPRM (78 FR 73742, December 9, 2013), we proposed to prevent
the use of repairs that were not specifically developed to correct the
unsafe condition, by requiring that the repair approval provided by the
State of Design Authority or its delegated agent specifically refer to
this FAA AD. This change was 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 proposed to change the phrase ``its
delegated agent'' to include a design approval holder (DAH) with State
of Design Authority design organization approval (DOA), as applicable,
to refer to a DAH authorized to approve required repairs for the
proposed AD.
No comments were provided to the NPRM (78 FR 73742, December 9,
2013) about these proposed changes. However, a comment was provided for
another NPRM, Directorate Identifier 2012-NM-101-AD (78 FR 78285,
December 26, 2013). The commenter stated the following: ``The proposed
wording, being specific to repairs, eliminates the interpretation that
Airbus messages are acceptable for approving minor deviations
(corrective actions) needed during accomplishment of an AD mandated
Airbus service bulletin.''
This comment has made the FAA aware that some operators have
misunderstood or misinterpreted the Airworthy Product paragraph to
allow the owner/operator to use messages provided by the manufacturer
as approval of deviations during the accomplishment of an AD-mandated
action. The Airworthy Product paragraph does not approve messages or
other information provided by the manufacturer for deviations to the
requirements of the AD-mandated actions. The Airworthy Product
paragraph only addresses the requirement to contact the manufacturer
for corrective actions for the identified unsafe condition and does not
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request
the approval for an alternative method of compliance to the AD-required
actions using the procedures found in 14 CFR 39.19.
To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed that paragraph and
retitled it ``Contacting the Manufacturer.'' This paragraph now
clarifies that for any requirement in this AD to obtain corrective
actions from a manufacturer, the action must be accomplished using a
method approved by the FAA, the European Aviation Safety Agency (EASA),
or Airbus's EASA DOA. Where necessary throughout this AD, we also
replaced any reference to approvals of corrective actions with a
reference to the Contacting the Manufacturer paragraph.
The Contacting the Manufacturer paragraph also clarifies that, if
approved by the DOA, the approval must include the DOA-authorized
signature. The DOA signature indicates that the data and information
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or
other information.
This clarification does not remove flexibility previously afforded
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the Airworthiness
Directive Implementation Aviation Rulemaking Committee to increase
flexibility in complying with ADs by identifying those actions in
manufacturers' service instructions that are ``Required for
Compliance'' with ADs. We continue to work with manufacturers to
implement this recommendation. But once we determine that an action is
required, any deviation from the requirement must be approved as an
alternative method of compliance.
Other commenters to the NPRM discussed previously, Directorate
Identifier 2012-NM-101-AD (78 FR 78285, December 26, 2013), pointed out
that in many cases the foreign manufacturer's service bulletin and the
foreign authority's MCAI might have been issued some time before the
FAA AD. Therefore, the DOA might have provided U.S. operators with an
approved repair, developed with full awareness of the unsafe condition,
before the FAA AD is issued. Under these circumstances, to comply with
the FAA AD, the operator would be required to go back to the
manufacturer's DOA and obtain a new approval document, adding time and
expense to the compliance process with no safety benefit.
Based on these comments, we removed the requirement that the DAH-
provided repair specifically refer to this AD. Before adopting such a
requirement, the FAA will coordinate with affected DAHs and verify they
are prepared to implement means to ensure that their repair approvals
consider the unsafe condition addressed in this AD. Any such
requirements will be adopted through the normal AD rulemaking process,
including notice-and-comment procedures, when appropriate. We also have
decided not to include a generic
[[Page 41113]]
reference to either the ``delegated agent'' or ``DAH with State of
Design Authority design organization approval,'' but instead we have
provided the specific delegation approval granted by the State of
Design Authority for the DAH throughout this AD.
Explanation of Additional Change Made to This AD
We have revised the manufacturer's name from EADS CASA to Airbus
Military for All Operator Letter (AOL) 235-024, dated March 1, 2013,
referenced in this AD. This change is necessary to adhere to the Office
of the Federal Register's requirements for materials incorporated by
reference.
Conclusion
We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD with the changes described
previously and minor editorial changes. We have determined that these
minor changes:
Are consistent with the intent that was proposed in the
NPRM (78 FR 73742, December 9, 2013) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 73742, December 9, 2013).
We also determined that these changes will not increase the economic
burden on any operator or increase the scope of this AD.
Costs of Compliance
We estimate that this AD affects 20 airplanes of U.S. registry.
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.
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We have received no definitive data that enabled 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.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-0980; or in person at the
Docket Management Facility 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.
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):
2014-13-15 EADS CASA (Type Certificate Previously Held by
Construcciones Aeronauticas, S.A.): Amendment 39-17891. Docket No.
FAA-2013-0980; Directorate Identifier 2013-NM-129-AD.
(a) Effective Date
This AD becomes effective August 19, 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
[[Page 41114]]
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
Airbus Military All Operator Letter (AOL) 235-024, Revision 01,
dated March 1, 2013.
(1) For airplane versions CG01, CL04, ED01, GC01, MM01, and
SM01: Inspect 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: Inspect 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 Nondestructive Testing (NDT) Inspections
(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 an NDT inspection for cracking, in accordance with Airbus
Military 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: Inspect 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: Inspect 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 in accordance with the procedures specified in
paragraph (j)(2) of this AD.
(i) Credit for Previous Actions
This paragraph provides credit for the inspections required by
paragraphs (g) and (h)(1) of this AD, if those actions were
performed before the effective date of this AD using Airbus Military
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) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or EADS CASA's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
(k) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA 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/#!documentDetail;D=FAA-
2013-0980-0003.
(2) Service information identified in this AD that is not
incorporated by reference may be viewed at the addresses specified
in paragraphs (l)(3) and (l)(4) of this AD.
(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 235-024, Revision 01,
dated March 1, 2013.
(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 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 June 25, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-15804 Filed 7-14-14; 8:45 am]
BILLING CODE 4910-13-P