[Federal Register Volume 74, Number 134 (Wednesday, July 15, 2009)]
[Proposed Rules]
[Pages 34272-34274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16762]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / 
Proposed Rules

[[Page 34272]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0637; Directorate Identifier 2008-NM-183-AD]
RIN 2120-AA64


Airworthiness Directives; Construcciones Aeronauticas, S.A. 
(CASA), Model CN-235 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above that would supersede an existing AD. 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:

     * * * [C]racks [were originally] detected on some CN-235 
aircraft in flap fittings P/N 35-15501-0101, -0102, -0201 and -0202, 
attaching the structure of the outer flaps to their rear supports 
and, in the adjacent structure, DGAC Spain issued AD Nr. 01/97[.] * 
* * Since AD 1/97 Rev.1 was published, similar cracks have been 
detected in flaps longerons. * * *
* * * * *

    Fatigue cracking of the rear internal support fittings and 
longerons of the outer flap structure could result in failure of the 
outer flaps, and consequent reduced controllability of the airplane. 
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 August 14, 2009.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#2f627b6e017b4a4c4741464c4e437c4a5d59464c4a6f4c4e5c4e014a4e4b5c01414a5b"><span class="__cf_email__" data-cfemail="5f120b1e710b3a3c3731363c3e330c3a2d29363c3a1f3c3e2c3e713a3e3b2c71313a2b">[email protected]</span></a>; 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 or 425-227-1152.

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-2009-0637; 
Directorate Identifier 2008-NM-183-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

    On March 23, 1999, we issued AD 99-07-13, Amendment 39-11098 (64 FR 
15659, April 1, 1999). That AD required actions intended to address an 
unsafe condition on the products listed above.
    Since we issued AD 99-07-13, the European Aviation Safety Agency 
(EASA), which is the Technical Agent for the Member States of the 
European Community, notified us of an additional report of similar 
cracks in flaps longerons. EASA has issued EASA Airworthiness Directive 
2008-0119, dated June 27, 2008 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    As a consequence of cracks detected on some CN-235 aircraft, in 
flap fittings P/N 35-15501-0101, -0102, -0201 and -0202, attaching 
the structure of the outer flaps to their rear supports and, in the 
adjacent structure, DGAC Spain issued AD Nr. 01/97 which required, 
pending the analysis of the problem, boroscopic inspections of the 
attachment zones between both outer flaps to their rear support. 
After concluding that process and based on the investigation 
results, DGAC Spain issued AD Nr. 1/97 Rev. 1 [which corresponds to 
FAA AD 99-07-13] to require the replacement of the outer flaps with 
new designed parts, as specified in EADS-CASA Service Bulletin (SB) 
235-57-20.
    Since AD 1/97 Rev. 1 was published, similar cracks have been 
detected in flaps longerons. EADS-CASA issued SB 235-57-20 Revision 
1, extending the scope of the inspection to these flaps longerons, 
instructing the drilling of holes to facilitate the inspection and 
introducing an improved outer flap replacement kit that included a 
new improved longeron. SB 235-57-20 Revision 2 has been issued to 
add useful references and to update the applicability.

[[Page 34273]]

    For the reasons described above, this new EASA AD retains the 
requirements of DGAC Spain AD Nr. 1/97 Rev. 1, which is superseded, 
and confirms the approval of additional outer flaps replacement 
options, as specified in paragraph 2 E.2 of EADS-CASA SB 235-57-20 
R2.

Fatigue cracking of the rear internal support fittings and longerons of 
the outer flap structure could result in failure of the outer flaps, 
and consequent reduced controllability of the airplane. You may obtain 
further information by examining the MCAI in the AD docket.

Relevant Service Information

    CASA has issued Service Bulletin SB-235-57-20, Revision 2, dated 
March 30, 2007. 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.

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 8 products of U.S. registry. We also estimate that 
it would take about 69 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would cost about $193,603 per product. Where 
the service information lists required parts costs that are covered 
under warranty, we have assumed that there will be no charge for these 
costs. As we do not control warranty coverage for affected parties, 
some parties may incur costs higher than estimated here. Based on these 
figures, we estimate the cost of the proposed AD on U.S. operators may 
be $1,592,984, or $199,123 per product.

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 removing Amendment 39-11098 and 
adding the following new AD:

Construcciones Aeronauticas, S.A. (CASA): Docket No. FAA-2009-0637; 
Directorate Identifier 2008-NM-183-AD.

Comments Due Date

    (a) We must receive comments by August 14, 2009.

Affected ADs

    (b) This AD supersedes AD 99-07-13.

Applicability

    (c) This AD applies to CASA Model CN-235, CN-235-100, CN-235-
200, CN-235-300 airplanes, all serial numbers, if part number (P/N) 
35-15501-0001, -0002, -0003, or -0004, or P/N 35-A0736-0001 or -0002 
outer flaps are installed.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    As a consequence of cracks detected on some CN-235 aircraft, in 
flap fittings P/N 35-15501-0101, -0102, -0201 and -0202, attaching 
the structure of the outer flaps to their rear supports and, in the 
adjacent structure, DGAC Spain issued AD Nr. 01/97 which required, 
pending the analysis of the problem, borescopic inspections of the 
attachment zones between both outer flaps to their rear support. 
After concluding that process and based on the investigation 
results, DGAC Spain issued AD Nr. 1/97 Rev.1 [which corresponds to 
FAA AD 99-07-13] to require the replacement of the outer flaps with 
new designed parts, as specified in EADS-CASA Service Bulletin (SB) 
235-57-20.
    Since AD 1/97 Rev.1 was published, similar cracks have been 
detected in flaps longerons. EADS-CASA issued SB 235-57-20 Revision 
1, extending the scope of the inspection to these flaps longerons, 
instructing the drilling of holes to facilitate the inspection and 
introducing an improved outer flap replacement kit that included a 
new improved longeron. SB 235-57-20

[[Page 34274]]

Revision 2 has been issued to add useful references and to update 
the applicability.
    For the reasons described above, this new EASA AD retains the 
requirements of DGAC Spain AD Nr. 1/97 Rev.1, which is superseded, 
and confirms the approval of additional outer flaps replacement 
options, as specified in paragraph 2 E.2 of EADS-CASA SB 235-57-20 
R2.
    Fatigue cracking of the rear internal support fittings and 
longerons of the outer flap structure could result in failure of the 
outer flaps, and consequent reduced controllability of the airplane.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For airplanes equipped with P/N 35-A0736-0001 or -0002 outer 
flaps: Within 300 flight cycles after the effective date of this AD, 
do a borescopic inspection to detect cracking of the outer flaps 
fittings and longerons, in accordance with the Accomplishment 
Instructions of CASA Service Bulletin SB-235-57-20, Revision 2, 
dated March 30, 2007.
    (2) For airplanes equipped with Part Number (P/N) 35-15501-0001, 
-0002, -0003, or -0004 outer flaps: At the earlier of the times 
specified in paragraphs (f)(2)(i) and (f)(2)(ii) of this AD, do a 
borescopic inspection to detect cracking of the outer flaps 
fittings; and within 300 flight cycles after the effective date of 
this AD, do a borescopic inspection to detect cracking of the 
longerons. Do the inspections in accordance with the Accomplishment 
Instructions of CASA Service Bulletin SB-235-57-20, Revision 2, 
dated March 30, 2007.
    (i) Within 600 flight cycles after the most recent inspection 
done in accordance with AD 99-07-13, or within 14 days after the 
effective date of this AD, whichever occurs later.
    (ii) Within 300 flight cycles after the effective date of this 
AD.
    (3) If, during any inspection required by paragraph (f)(1) or 
(f)(2) of this AD, no crack is detected, repeat the borescopic 
inspections of the outer flap fittings and longerons in accordance 
with the Accomplishment Instructions of CASA Service Bulletin SB-
235-57-20, Revision 2, dated March 30, 2007, thereafter at intervals 
not to exceed 300 flight cycles or 6 months, whichever occurs first, 
until the replacement specified in paragraph (f)(4) or (f)(5) of 
this AD is accomplished.
    (4) If any crack is detected during any inspection required by 
paragraph (f)(1), (f)(2), or (f)(3) of this AD, prior to further 
flight, replace the outer flap with a new or retrofitted flap in 
accordance with the Accomplishment Instructions of CASA Service 
Bulletin SB-235-57-20, Revision 2, dated March 30, 2007. Such 
replacement constitutes terminating action for the repetitive 
borescopic inspection required by this AD for the replaced outer 
flap only.
    (5) For affected parts that have not been replaced in accordance 
with paragraph (f)(4) of this AD: At the later of the times 
specified in paragraphs (f)(5)(i) and (f)(5)(ii) of this AD, replace 
each outer flap with a new or retrofitted outer flap in accordance 
with the Accomplishment Instructions of CASA Service Bulletin SB-
235-57-20, Revision 2, dated March 30, 2007. Replacing all outer 
flaps terminates the requirements of this AD.
    (i) Before the accumulation of 4,000 total flight cycles on the 
flap.
    (ii) Within 1,200 flight cycles or 24 months after the effective 
date of this AD, whichever occurs first.
    (6) Actions done before the effective date of this AD in 
accordance with CASA Service Bulletin SB-235-57-20, dated December 
23, 1997; or Revision 1, dated April 30, 2004; are acceptable for 
compliance with the corresponding requirements of paragraph (f)(2) 
of this AD.

FAA AD Differences

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

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, Transport Airplane Directorate, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. Send information 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. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards 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.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI EASA Airworthiness Directive 2008-0119, dated 
June 27, 2008; and CASA Service Bulletin SB-235-57-20, Revision 2, 
dated March 30, 2007; for related information.

    Issued in Renton, Washington, on July 2, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E9-16762 Filed 7-14-09; 8:45 am]
BILLING CODE 4910-13-P


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