Airworthiness Directives; EADS CASA (Type Certificate Previously Held by Construcciones Aeronauticas, S.A.) Airplanes, 73742-73744 [2013-29320]
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73742
Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Proposed Rules
ACO to make those findings. For a repair
method to be approved, the repair must meet
the certification basis of the airplane and the
approval must specifically refer to this AD.
(4) AMOCs approved for AD 97–11–07,
Amendment 39–10036 (62 FR 27941, May 22,
1997), and AD 99–18–23, Amendment 39–
11289 (64 FR 48284, September 3, 1999), are
approved as AMOCs for the corresponding
provisions of this AD.
(o) Related Information
(1) For more information about this AD,
contact Roger Durbin, Airframe Branch,
ANM–120L, FAA, Los Angeles Aircraft
Certification Office (ACO), 3960 Paramount
Boulevard, Lakewood, California 90712–
4137; phone: (562) 627–5233; fax: (562) 627–
5210; email: roger.durbin@faa.gov.
(2) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services
Management, 3855 Lakewood Boulevard, MC
D800–0019, Long Beach, CA 90846–0001;
telephone 206–544–5000, extension 2; fax
206–766–5683; Internet https://
www.myboeingfleet.com. 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
November 29, 2013.
John P. Piccola,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2013–29317 Filed 12–6–13; 8:45 am]
BILLING CODE 4910–13–P
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
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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
maindgalligan on DSK5TPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
15:53 Dec 06, 2013
Jkt 232001
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
https://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
´
Aragon 404, 28022 Madrid, Spain;
telephone +34 91 585 55 84; fax +34 91
585 55 05; email
MTA.TechnicalService@casa.eads.net;
Internet https://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 https://
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,
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
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 https://
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).
E:\FR\FM\09DEP1.SGM
09DEP1
Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Proposed Rules
You may examine the MCAI in the
AD docket on the Internet at https://
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
73743
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
Action
Labor cost
Detailed visual inspection
NDT inspections .............
1 work-hour × $85 per hour = $85 ........................
19 work-hours × $85 per hour = $1,615 per inspection cycle.
maindgalligan on DSK5TPTVN1PROD with PROPOSALS
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
Jkt 232001
$85 ...............................
$1,615 per inspection
cycle.
Regulatory Findings
Authority for This Rulemaking
15:53 Dec 06, 2013
N/A
N/A
Cost per product
products identified in this rulemaking
action.
We have received no definitive data
that would enable us to provide cost
estimates for the on-condition actions
specified in this proposed AD.
VerDate Mar<15>2010
Parts cost
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.
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
Cost on U.S. operators
$1,700.
$32,300 per inspection
cycle.
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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 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.
E:\FR\FM\09DEP1.SGM
09DEP1
73744
Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Proposed Rules
(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.
maindgalligan on DSK5TPTVN1PROD with PROPOSALS
(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
VerDate Mar<15>2010
15:53 Dec 06, 2013
Jkt 232001
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: 9ANM-116-AMOC-REQUESTS@faa.gov.
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.
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
(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
https://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 Aragon 404,
28022 Madrid, Spain; telephone +34 91 585
55 84; fax +34 91 585 55 05; email
MTA.TechnicalService@casa.eads.net;
Internet https://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
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2012–0268; Directorate
Identifier 2011–NM–129–AD]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Supplemental notice of
proposed rulemaking (NPRM);
reopening of comment period.
AGENCY:
We are revising an earlier
supplemental notice of proposed
rulemaking (SNPRM) for all The Boeing
Company Model 737–600, -700, -700C,
-800, -900 and -900ER series airplanes.
The SNPRM proposed to require
inspecting for a serial number that starts
with the letters ‘‘SAIC’’ on the left- and
right-side horizontal stabilizer
identification plate; inspecting for
correct bolt protrusion and chamfer of
the termination fitting bolts of the
horizontal stabilizer rear spar, if
necessary; inspecting to determine if
certain bolts are installed, if necessary;
and doing related investigative and
corrective actions if necessary. The
SNPRM was prompted by reports of
incorrectly installed bolts common to
SUMMARY:
E:\FR\FM\09DEP1.SGM
09DEP1
Agencies
[Federal Register Volume 78, Number 236 (Monday, December 9, 2013)]
[Proposed Rules]
[Pages 73742-73744]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29320]
-----------------------------------------------------------------------
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).
-----------------------------------------------------------------------
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 https://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 MTA.TechnicalService@casa.eads.net; Internet https://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 https://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 https://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 https://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: 9-ANM-116-AMOC-REQUESTS@faa.gov.
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 https://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 MTA.TechnicalService@casa.eads.net;
Internet https://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