[Federal Register Volume 80, Number 187 (Monday, September 28, 2015)]
[Proposed Rules]
[Pages 58224-58226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24424]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3636; Directorate Identifier 2015-NM-043-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Defense and Space S.A. (Formerly 
Known as 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 all 
Airbus Defense and Space S.A. (formerly known as Construcciones 
Aeronauticas, S.A.) Model CN-235, CN-235-100, CN-235-200, and CN-235-
300 airplanes. This proposed AD was prompted by a report of cracks on 
the lugs of the inboard and outboard control rod fittings of the right 
hand (RH) and left hand (LH) side ailerons. This proposed AD would 
require a one-time non-destructive test (NDT) inspection of the inboard 
and outboard control rod fittings of the RH and LH side ailerons for 
cracks and corrosion, and repair if necessary. We are proposing this AD 
to detect and correct cracks and corrosion on the lugs of the inboard 
and outboard control rod fittings of the RH and LH side ailerons, which 
could lead to reduced controllability of the airplane.

DATES: We must receive comments on this proposed AD by November 12, 
2015.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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 W12-140, 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; email: [email protected]; 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3636; 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 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, WA 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-2015-3636; 
Directorate Identifier 2015-NM-043-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 Union, has issued EASA 
Airworthiness Directive 2015-0040, dated March 6, 2015 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Airbus Defense 
and Space S.A. (formerly known as Construcciones Aeronauticas, S.A.) 
Model CN-235, CN-235-100, CN-235-200, and CN-235-300 airplanes. The 
MCAI states:

    A CN-235 operator recently reported finding, during scheduled 
maintenance tasks, cracks on the lugs of the control rod fittings 
(inboard and outboard) of the ailerons [Right Hand (RH) and Left 
Hand (LH) side] of two aeroplanes. At the time of the finding, the 
two affected aeroplanes had accumulated between 16,000 and 17,000 
flight hours (FH), around 6,000 flight cycles and had been in 
service for 20 years. Following the investigation results, it was 
determined that these cracks were due to stress corrosion.
    This condition, if not detected and corrected, could lead to 
aileron fittings

[[Page 58225]]

failure, possibly resulting in reduced control of the aeroplane.
    To address this unsafe condition and verify the integrity of the 
fittings, EADS-CASA (Airbus Military) issued Alert Operators 
Transmission (AOT) CN235-57-0001 to provide instructions for a one-
time Non-Destructive (NDT) inspection of the affected fittings for 
cracks and corrosion.
    For the reasons described above, this [EASA] AD requires a one-
time NDT inspection of the affected aileron fittings and, if 
discrepancies are detected, accomplishment of applicable corrective 
action(s) [repair of any cracked or corroded parts].

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3636.

Related Service Information Under 1 CFR part 51

    Airbus Defense and Space S.A. (formerly known as Construcciones 
Aeronauticas, S.A.) has issued Airbus Military Alert Operators 
Transmission (AOT) AOT-CN235-57-0001, Revision 1, dated March 14, 2014. 
The service information describes procedures for a one-time NDT 
inspection of the inboard and outboard control rod fittings of the RH 
and LH side ailerons for cracks and corrosion, and repair if necessary. 
This service information is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section of this NPRM.

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.

Costs of Compliance

    We estimate that this proposed AD affects 24 airplanes of U.S. 
registry.
    We also estimate that it would take about 30 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 this proposed AD on U.S. operators to be $61,200, or $2,550 
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);
    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.

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

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):

Airbus Defense and Space S.A. (Formerly Known as Construcciones 
Aeronauticas, S.A.): Docket No. FAA-2015-3636; Directorate 
Identifier 2015-NM-043-AD.

(a) Comments Due Date

    We must receive comments by November 12, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Defense and Space S.A. (formerly known 
as Construcciones Aeronauticas, S.A.) Model CN-235, CN-235-100, CN-
235-200, and CN-235-300 airplanes, certificated in any category, all 
manufacturer serial numbers.

(d) Subject

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

(e) Reason

    This AD was prompted by a report of cracks on the lugs of the 
inboard and outboard control rod fittings of the right hand (RH) and 
left hand (LH) side ailerons. We are issuing this AD to detect and 
correct cracks and corrosion on the lugs of the inboard and outboard 
control rod fittings of the RH and LH side ailerons, which could 
lead to reduced controllability of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) One-Time Non-Destructive Test (NDT) Inspection

    (1) At the later of the compliance times specified in paragraph 
(g)(1)(i) or (g)(1)(ii) of this AD: Do a one-time NDT inspection of 
the inboard and outboard control rod fittings of the RH and LH side 
ailerons for cracks, and a one-time general visual inspection for 
corrosion, in accordance with Airbus Military Alert Operators 
Transmission (AOT) AOT-CN235-57-0001, Revision 1, dated March 14, 
2014.
    (i) Before exceeding 8,000 flight hours or 10 years since first 
flight of the airplane, whichever occurs first.
    (ii) Within 3 months after the effective date of this AD.
    (2) If any crack or corrosion is found during any inspection 
required by paragraph (g)(1) of this AD, before further flight, 
contact the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA; or the European Aviation Safety Agency 
(EASA); or Airbus Defense and Space S.A.'s (formerly known as 
Construcciones Aeronauticas, S.A.) EASA Design Organization Approval 
(DOA) for approved repair instructions, and before further flight, 
accomplish the repair accordingly.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:

[[Page 58226]]

    (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, 
WA 98057-3356; telephone: 425-227-1112; fax: 425-227-1149. 
Information may be emailed to: [email protected]. 
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 EASA; 
or Airbus Defense and Space S.A.'s (formerly known as Construcciones 
Aeronauticas, S.A.) EASA DOA. If approved by the DOA, the approval 
must include the DOA-authorized signature.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2015-0040, dated March 6, 2015, 
for related information. This MCAI may be found in the AD docket on 
the Internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2015-3636.
    (2) 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 [email protected]; 
Internet http://www.eads.net. 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.

    Issued in Renton, Washington, on September 16, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-24424 Filed 9-25-15; 8:45 am]
 BILLING CODE 4910-13-P