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.

Proposed Rules Federal Register

34272 

Vol. 74, No. 134 

Wednesday, July 15, 2009 

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: 

• 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 

Arago ́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 

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. 


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

§ 39.13 [Amended] 

2. The FAA amends § 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 


srobinson on DSKHWCL6B1PROD with PROPOSALS
34274 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Proposed Rules 

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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0649; Directorate 

Identifier 2008–NM–218–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A319, A320, and A321 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. 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: 

Two incidents [of near mid-air collision] 

have occurred on Airbus A320 Family 

aircraft during [a] Resolution Advisory [from 

the] Traffic Alert and Collision Avoidance 

System (TCAS). One of the Human-Machine 

Interface (HMI) factors was the lack of 

visibility of relevant information on the 

Primary Flight Display (PFD). 

This condition, if not corrected, could 

result in erroneous interpretation of TCAS 

Resolution Advisories, leading to an 

increased risk of mid-air collision. 

* * * * * 

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: 

• 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 Airbus, 

Airworthiness Office—EAS, 1 Rond 

Point Maurice Bellonte, 31707 Blagnac 

Cedex, France; telephone +33 5 61 93 36 

96; fax +33 5 61 93 44 51; e-mail 


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