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[Federal Register: October 25, 2011 (Volume 76, Number 206)]
[Proposed Rules]               
[Page 65995-65997]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25oc11-24]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1091; Directorate Identifier 2011-NM-037-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 Model CN-235-100, CN-235-200, and CN-235-300 airplanes. This 
proposed AD results from mandatory continuing airworthiness information 
(MCAI) originated by an aviation authority of another country to 
identify and correct an unsafe condition on an aviation product. The 
MCAI describes the unsafe condition as:

    EADS-CASA received reports of engine condition control cable * * 
* failures that, in one of the cases, occurred during the starting 
phase of one engine which led to an engine shut down following the 
procedures described within the Aircraft Operation Manual.
    The investigation revealed that the cable failure is due to a 
fracture in the area of the pulley * * *. The root cause of the 
fracture is an unsuitable ratio between the diameter of the pulley 
and the cable type and diameter.
    This condition, if not detected and corrected, could lead to the 
engine condition control cable failure and consequent runway 
excursion if it occurs during take-off or reduced control of the 
aeroplane if it occurs during flight.
* * * * *
    The proposed AD would require actions that are intended to address 
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by December 9, 
2011.

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 W12-40, 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; e-mail MTA.TechnicalService@casa.eads.net; Internet http://www.eads.net. You may review copies of the 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.

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-2011-1091; 
Directorate Identifier 2011-NM-037-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 2011-0010, dated January 20, 2011 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    EADS-CASA received reports of engine condition control cable 
(Part Number (P/N) 35-56382-0003) failures that, in one of the 
cases, occurred during the starting phase of one engine which led to 
an engine shut down following the procedures described within the 
Aircraft Operation Manual.
    The investigation revealed that the cable failure is due to a 
fracture in the area of the pulley MS 20219-1. The root cause of the 
fracture is an unsuitable ratio between the diameter of the pulley 
and the cable type and diameter.
    This condition, if not detected and corrected, could lead to the 
engine condition control cable failure and consequent runway 
excursion if it occurs during take-off or reduced control of the 
aeroplane if it occurs during flight.
    To address this condition, EADS-CASA has developed an engine 
condition control cable P/N 35-56382-0005 with improved 
characteristics.
    For the reason described above, this [EASA] AD requires, at 
first, [an inspection to determine the part number of the engine 
condition control cable] [repetitive detailed] inspections for 
[excessive wear] of the [affected] engine condition control cable, 
and its replacement (scheduled or depending of the inspection 
findings) with engine condition control cable P/N 35-56382-0005.
    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Airbus Military has issued Section 76-10-00, ``Power and Condition 
Control,'' Block 601 (Configuration 1), ``Inspection/Check,'' Paragraph 
1.B.; and Section 76-10-12, ``Power and Control Cables,'' Block 401 
(Configuration 1),

[[Page 65996]]

``Removal/Installation,'' Paragraph 3.; of the CN-235 Aircraft 
Maintenance Manual, Revision 57, dated July 15, 2010. The actions 
described in this aircraft maintenance manual 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.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 7 products of U.S. registry. We also estimate that 
it would take about 2 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $1,190, or $170 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 12 work-hours and require parts costing $1,087, for a cost 
of $2,107 per product. We have no way of determining the number of 
products that may need these actions.

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); and
    3. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

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.

Sec.  39.13  [Amended]

    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-2011-1091; Directorate 
Identifier 2011-NM-037-AD.

Comments Due Date

    (a) We must receive comments by December 9, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EADS CASA (Type Certificate previously 
held by Construcciones Aeronauticas, S.A.) Model CN-235-100, CN-235-
200, and CN-235-300 airplanes; certificated in any category; serial 
numbers C-030 through C-149 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 76: Engine 
controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    EADS-CASA received reports of engine condition control cable * * 
* failures that, in one of the cases, occurred during the starting 
phase of one engine which led to an engine shut down following the 
procedures described within the Aircraft Operation Manual.
    The investigation revealed that the cable failure is due to a 
fracture in the area of the pulley * * *. The root cause of the 
fracture is an unsuitable ratio between the diameter of the pulley 
and the cable type and diameter.
    This condition, if not detected and corrected, could lead to the 
engine condition control cable failure and consequent runway 
excursion if it occurs during take-off or reduced control of the 
aeroplane if it occurs during flight.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Within 9 months or 300 flight hours, whichever occurs first 
after the effective date of this AD, inspect to determine whether 
the engine condition control cable has part number (P/N) 35-56382-
0003. If an engine condition control cable having P/N 35-56382-0003 
is installed, within 9 months or 300 flight hours, whichever occurs 
first after the effective date of this AD, do a detailed inspection 
for excessive wear of the engine condition control cable (including 
control rods, levers and pulleys near the flight compartment center 
console having incorrect freedom and range of movement, incorrect 
assembly and locking, distortion, damage, corrosion, incorrect 
security of attachment; and control rod end fittings having 
excessive wear, i.e., kinks or distortion, corrosion, reduced 
diameter of cable, and broken wires); in accordance with Section 76-
10-00, ``Power and Condition Control,'' Block 601

[[Page 65997]]

(Configuration 1), ``Inspection/Check,'' Paragraph 1.B., of the 
Airbus Military CN-235 Aircraft Maintenance Manual, Revision 57, 
dated July 15, 2010.
    (h) For airplanes with engine condition control cable having P/N 
35-56382-0003: Within 9 months or 300 flight hours after doing the 
detailed inspection required by paragraph (g) of this AD, whichever 
occurs first, repeat the detailed inspection specified in paragraph 
(g) of this AD.
    (i) If, during any inspection required by paragraph (g) or (h) 
of this AD, excessive wear of the engine condition control cable is 
found: Before further flight, replace the engine condition control 
cable with P/N 35-56382-0005, in accordance with Section 76-10-12, 
``Power and Condition Control Cables,'' Block 401 (Configuration 1), 
``Removal/Installation,'' Paragraph 3., of the Airbus Military CN-
235 Aircraft Maintenance Manual, Revision 57, dated July 15, 2010.
    (j) Within 27 months or 900 flight hours, whichever occurs first 
after the effective date of this AD: Unless the engine condition 
control cable has already been replaced in accordance with paragraph 
(i) of this AD, replace the engine condition control cable having P/
N 35-56382-0003 with an engine condition control cable having P/N 
35-56382-0005, in accordance with Section 76-10-12, ``Power and 
Condition Control Cables,'' Block 401 (Configuration 1), ``Removal/
Installation,'' Paragraph 3., of the Airbus Military CN-235 Aircraft 
Maintenance Manual, Revision 57, dated July 15, 2010.
    (k) As of the effective date of this AD, no person may install 
an engine condition control cable having P/N 35-56382-0003, on any 
airplane.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: No differences

.Other FAA AD Provisions

    (l) 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 e-mailed 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 or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

Related Information

    (m) Refer to MCAI EASA Airworthiness Directive 2011-0010, dated 
January 20, 2011; and Section 76-10-00, ``Power and Condition 
Control,'' Block 601 (Configuration 1), ``Inspection/Check,'' 
Paragraph 1.B., and Section 76-10-12, ``Power and Condition Control 
Cables,'' Block 401 (Configuration 1), ``Removal/Installation,'' 
Paragraph 3., of the Airbus Military CN-235 Aircraft Maintenance 
Manual, Revision 57, dated July 15, 2010; for related information.

    Issued in Renton, Washington, on October 13, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-27485 Filed 10-24-11; 8:45 am]
BILLING CODE 4910-13-P
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