5998 Federal Register / Vol. 77, No. 25 / Tuesday, February 7, 2012 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1091; Directorate 

Identifier 2011–NM–037–AD; Amendment 

39–16916; AD 2012–01–04] 

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. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Model CN–235–100, CN–235–200, and 

CN–235–300 airplanes. This AD was 

prompted by reports of failures of the 

engine condition control cable which 

led to an engine shut down. This AD 

requires an inspection to determine the 

part number of the engine condition 

control cable, repetitive inspections for 

excessive wear of the affected engine 

condition control cable, and 

replacement of the affected part. We are 

issuing this AD to detect and correct 

failure of the engine condition control 

cable which could cause a consequent 

runway excursion during take-off, or 

reduced control of the airplane during 

flight. 

DATES: This AD becomes effective 

March 13, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of March 13, 2012. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC. 

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 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on October 25, 2011 (76 FR 

65995). That NPRM proposed 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 on 

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. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM (76 

FR 65995, October 25, 2011) or on the 

determination of the cost to the public. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed except for minor editorial 

changes. We have determined that these 

minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM (76 FR 

65995, October 25, 2011) for correcting 

the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (76 FR 65995, 

October 25, 2011). 

Costs of Compliance 

We estimate that this AD will affect 7 

products of U.S. registry. We also 

estimate that it will take about 2 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Based on these figures, we estimate the 

cost of this AD to the 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 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 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); 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 AD and placed it in the AD docket. 

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 the NPRM 2011–1091 (76 FR 

65995, October 25, 2011), the regulatory 

evaluation, any comments received, and 


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Federal Register / Vol. 77, No. 25 / Tuesday, February 7, 2012 / Rules and Regulations 5999 

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. 

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 

■ 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: 

2012–01–04 EADS CASA (Type Certificate 

Previously Held by Construcciones 

Aeronauticas, S.A.): Amendment 39– 

16916. Docket No. FAA–2011–1091; 

Directorate Identifier 2011–NM–037–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective March 13, 2012. 

(b) Affected ADs 

None. 

(c) Applicability 

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. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 76: Engine controls. 

(e) Reason 

This AD was prompted by reports of 

failures of the engine condition control cable 

which led to an engine shut down. We are 

issuing this AD to detect and correct failure 

of the engine condition control cable which 

could cause a consequent runway excursion 

during take-off, or reduced control of the 

airplane during flight. 

(f) Compliance 

You are responsible for having the actions 

required by this AD performed within the 

compliance times specified, unless the 

actions have already been done. 

(g) Inspections 

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 

(Configuration 1), ‘‘Inspection/Check,’’ 

Paragraph 1.B., of the Airbus Military CN– 

235 Aircraft Maintenance Manual, Revision 

57, dated July 15, 2010. 

(h) Repetitive Inspections 

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) Replacement of Engine Condition Control 

Cable Due to Excessive Wear 

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) Replacement of Engine Condition Control 

Cable 

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) Parts Installation 

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. 

(l) 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 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. 

(m) Related Information 

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. 

(n) Material Incorporated by Reference 

(1) You must use the following service 

information to do the actions required by this 

AD, unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference (IBR) of the 

following service information under 5 U.S.C. 

552(a) and 1 CFR part 51: 

(i) Section 76–10–00, ‘‘Power and 

Condition Control,’’ Block 601 (Configuration 

1) (pages 601 through 606), ‘‘Inspection/ 

Check,’’ Paragraph 1.B. of the Airbus Military 

CN–235 Aircraft Maintenance Manual, 

Revision 57, dated July 15, 2010. Only the 

title page and Record of Revisions of Airbus 

Military CN–235 Aircraft Maintenance 

Manual, Revision 57, dated July 15, 2010, 

specify the revision level of the document. 

(ii) Section 76–10–12, ‘‘Power and 

Condition Control Cables,’’ Block 401 

(Configuration 1) (pages 401 through 406), 

‘‘Removal/Installation,’’ Paragraph 3., of the 

Airbus Military CN–235 Aircraft 

Maintenance Manual, Revision 57, dated July 

15, 2010. Only the title page and Record of 

Revisions of Airbus Military CN–235 Aircraft 

Maintenance Manual, Revision 57, dated July 

15, 2010, specify the revision level of the 

document. 

(2) For service information identified in 

this AD, contact EADS–CASA, Military 

Transport Aircraft Division (MTAD), 

Integrated Customer Services (ICS), 


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6000 Federal Register / Vol. 77, No. 25 / Tuesday, February 7, 2012 / Rules and Regulations 

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. 

(3) You may review copies of the 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. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at an NARA facility, call 202–741– 

6030, or go to http://www.archives.gov/

federal_register/code_of_federal_regulations/

ibr_locations.html. 

Issued in Renton, Washington, on January 

6, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–2291 Filed 2–6–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1204; Directorate 

Identifier 2010–NM–147–AD; Amendment 

39–16931; AD 2012–02–08] 

RIN 2120–AA64 

Airworthiness Directives; Aviation 

Communication & Surveillance 

Systems (ACSS) Traffic Alert and 

Collision Avoidance System (TCAS) 

Units 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

ACSS TCAS units installed on but not 

limited to various transport and small 

airplanes. This AD was prompted by 

reports of anomalies with TCAS units 

during a flight test over a high density 

airport. The TCAS units dropped 

several reduced surveillance aircraft 

tracks because of interference limiting. 

This AD requires upgrading software. 

We are issuing this AD to prevent TCAS 

units from dropping tracks, which could 

compromise separation of air traffic and 

lead to subsequent mid-air collisions. 

DATES: This AD is effective March 13, 

2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of March 13, 2012. 

ADDRESSES: For service information 

identified in this AD, contact Aviation 

Communication & Surveillance 

Systems, LLC, 19810 North 7th Avenue, 

Phoenix, Arizona 85027–4741; phone: 

623–445–7040; fax: 623–445–7004; 

email: acss.orderadmin@L-3com.com; 

Internet: http://www.acss.com. 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 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 address for the 

Docket Office (phone: 800–647–5527) is 

Document 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 20590. 

FOR FURTHER INFORMATION CONTACT: 

Abby Malmir, Aerospace Engineer, 

Systems and Equipment Branch, ANM– 

130L, FAA, Los Angeles Aircraft 

Certification Office (ACO), 3960 

Paramount Boulevard, Lakewood, 

California 90712–4137; phone: 562– 

627–5351; fax: 562–627–5210; email: 

abby.malmir@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a supplemental notice of 

proposed rulemaking (SNPRM) to 

amend 14 CFR part 39 to include an 

airworthiness directive (AD) that would 

apply to the specified products. That 

SNPRM was published in the Federal 

Register on October 7, 2011 (76 FR 

62321). The original NPRM (75 FR 

81512, December 28, 2010) proposed to 

require upgrading software. The SNPRM 

proposed to require new updated 

software for certain TCAS units. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the proposal and the FAA’s 

response to each comment. 

Request To Allow TCAS 7.1 

Modification 

UPS, Qantas, and Dassault requested 

that we allow the TCAS 7.1 

modification (as an alternative to the 

modification specified in the proposed 

AD) as an acceptable method of 

compliance with the proposed AD, 

since the 7.1 modification incorporates 

the intent of the proposed AD. The 

commenters reported that the European 

Aviation Safety Agency (EASA) has 

proposed rulemaking to mandate the 7.1 

modification for airplanes operating in 

European airspace (EASA Notice of 

Proposed Amendment 2010–03, dated 

March 25, 2010). The requirements of 

the FAA and EASA rules therefore 

could overlap: an airplane equipped 

with the 7.1 modification in compliance 

with the EASA rule would require an 

alternative method of compliance 

(AMOC) to be in compliance with the 

FAA AD. The commenters concluded 

that, if the 7.1 modification were 

allowed in the FAA AD, these affected 

ACSS TCAS computers would need to 

be modified only once and would still 

be in compliance with both FAA and 

EASA rules. Dassault noted that ACSS 

is developing service bulletins to 

provide procedures for upgrading to the 

7.1 standard. 

We disagree to change this final rule 

to also allow the version 7.1 

modification for all TCAS products. 

ACSS has not developed all software 

versions that implement the 7.1 

standard for all affected TCAS units and 

airplane models covered by this AD, so 

there is no complete list of service 

information available that includes the 

procedures and information for 

incorporating the 7.1 modification. 

Because additional changes will likely 

be added in the future, additional 

software versions with different part 

numbers will be produced, and it will 

be necessary to issue AMOCs to 

accommodate requests to install such 

future software versions. Under the 

provisions of paragraph (i) of this final 

rule, we will consider requests for an 

alternative method of compliance with 

the AD requirements to allow different 

software versions. 

Request To Extend Compliance Time 

UPS requested that we reinstate the 

48-month compliance time, as originally 

proposed, to accommodate the extent of 

the work necessary to comply with the 

proposed AD—including updating the 

fleet supplemental type certificates 

(STCs), and changing affected 

maintenance programs. Qantas noted 

that reducing the compliance time from 

48 to 36 months will affect U.S. 

operators and also affect airplanes 

operating outside the U.S. Quantas 

stated many operators will choose the 

option to do the modification off-wing 

(a burden on authorized workshops due 


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