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[Federal Register Volume 79, Number 135 (Tuesday, July 15, 2014)]
[Rules and Regulations]
[Pages 41111-41114]
From the Federal Register Online via the Government Printing 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 
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.

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.
----------------------------------------------------------------------------------------------------------------

    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: 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) 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 MTA.TechnicalService@casa.eads.net; 
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
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