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 

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 

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 

Arago ́n 404, 28022 Madrid, Spain; 

telephone +34 91 585 55 84; fax +34 91 

585 55 05; email 

MTA.TechnicalService@casa.eads.net; 

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). 

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Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Proposed Rules 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

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

Detailed visual inspection 1 work-hour × $85 per hour = $85 ........................ N/A $85 ............................... $1,700. 

NDT inspections ............. 19 work-hours × $85 per hour = $1,615 per inspection cycle.N/A $1,615 per inspection 

cycle.

$32,300 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 

■ 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. 

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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. 

(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 

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 Arago ́n 404, 

28022 Madrid, Spain; telephone +34 91 585 

55 84; fax +34 91 585 55 05; email 

MTA.TechnicalService@casa.eads.net; 

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 

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 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: 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 

maindgalligan on DSK5TPTVN1PROD with PROPOSALS