[Federal Register Volume 81, Number 181 (Monday, September 19, 2016)]
[Proposed Rules]
[Pages 64080-64083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22434]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9109; Directorate Identifier 2016-NM-011-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 supersede Airworthiness Directive (AD) 2013-23-
02, for all Airbus Defense and Space S.A. Model CN-235, CN-235-100, CN-
235-200, CN-235-300, and C-295 airplanes. AD 2013-23-02 currently 
requires an inspection of the feeder cables of certain fuel booster 
pumps for damage (including, but not limited to, signs of electrical 
arcing and fuel leaks), and replacement if necessary. Since we issued 
AD 2013-23-02, we have determined that a modification is necessary to 
address the identified unsafe condition. This proposed AD would retain 
the requirements of AD 2013-23-02 and would also require modification 
of the electrical installation of the fuel booster pumps. We are 
proposing this AD to prevent damage to certain fuel booster pumps, 
which could create an ignition source in the fuel tank vapor space, and 
result in a fuel tank explosion and consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by November 3, 
2016.

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 W12-140, 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 NPRM, contact EADS CASA 
(Airbus Defense and Space), Services/Engineering Support, Avenida de

[[Page 64081]]

Arag[oacute]n 404, 28022 Madrid, Spain; telephone: +34 91 585 55 84; 
fax: +34 91 585 31 27; email: [email protected]. 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-2016-
9109; 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-2016-9109; 
Directorate Identifier 2016-NM-011-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 October 31, 2013, we issued AD 2013-23-02, Amendment 39-17657 
(78 FR 68688, November 15, 2013) (``AD 2013-23-02''). AD 2013-23-02 
requires actions intended to address an unsafe condition on all Airbus 
Defense and Space S.A. Model CN-235, CN-235-100, CN-235-200, CN-235-
300, and C-295 airplanes.
    Since we issued AD 2013-23-02, we have determined that a 
modification of the fuel booster pump is necessary to address the 
identified unsafe condition.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2016-0014, dated January 14, 2016 (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. Model 
CN-235, CN-235-100, CN-235-200, CN-235-300, and C-295 airplanes. The 
MCAI states:

    An occurrence with a CN-235 aeroplane was reported, involving an 
in-flight problem with the fuel transfer system. The results of the 
subsequent investigation revealed damage on the fuel booster pump 
electrical feeding cable and some burn marks on the pump body and 
plate (fairing) at the external side of the fuel tank; confirmed 
electrical arcing between the wire and pump body; and revealed fuel 
leakage onto the affected wire.
    This condition, if not detected and corrected, could create an 
ignition source in the fuel tank vapour space, possibly resulting in 
a fuel tank explosion and loss of the aeroplane.
    To address this potential unsafe condition, EADS CASA (Airbus 
Military) issued All Operators Letter (AOL) 235-025 and AOL 295-025, 
providing inspection instructions for the affected fuel booster 
pumps, Part Number (P/N) 1C12-34 and P/N 1C12-46.
    Consequently, EASA issued AD 2013-0186 [which corresponds to FAA 
AD 2013-23-02] to require a one-time [detailed visual] inspection of 
the affected fuel booster pumps to detect damage and, depending on 
findings, replacement of the fuel booster pump. That [EASA] AD also 
required reporting of all findings to EADS CASA for evaluation.
    Since that [EASA] AD was issued, Airbus Defence and Space (D&S) 
developed [a] modification of the fuel boost pump electrical 
installation, available for in-service application through Airbus 
D&S Service Bulletin (SB) 235-28-0023. That modification involves 
improved protection of the output of affected fuel pump harness 
avoiding undesired electrical contacts and preventing potential 
arcing between the affected harness and metallic parts of the fuel 
boost cover.
    For the reasons described above this [EASA] AD partially retains 
the requirements of EASA AD 2013-0186, which is superseded, and 
requires modification of the fuel pump electrical installation.

    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-2016-
9109.

Related Service Information Under 1 CFR Part 51

    EADS CASA has issued Airbus Defense and Space Service Bulletin SB-
235-28-0023C, Revision 01, dated October 27, 2015. The service 
information describes procedures for modification of the fuel booster 
pumps. 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.

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 these 
same type designs.

Clarification of Affected Airplanes for Paragraph (i) of This AD

    Paragraph (3) of the MCAI specifies a modification for all 
airplanes. However, the MCAI only specifies service information for 
Airbus Defense and Space S.A. Model CN-235, CN-235-100, CN-235-200, and 
CN-235-300 airplanes. We have determined that this modification only 
applies to Airbus Defense and Space S.A. Model CN-235, CN-235-100, CN-
235-200, and CN-235-300 airplanes. Therefore, in paragraph (i) of this 
proposed AD we have identified Airbus Defense and Space S.A. Model CN-
235, CN-235-100, CN-235-200, and CN-235-300 airplanes.

Costs of Compliance

    We estimate that this proposed AD affects 35 airplanes of U.S. 
registry.
    The actions required by AD 2013-23-02, and retained in this 
proposed AD take about 4 work-hours per product, at an average labor 
rate of $85 per work-hour. Based on these figures, the estimated cost 
of the actions that are required by AD 2013-23-02 is $340 per product.
    We also estimate that it would take about 8 work-hours per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Required parts would cost about $1,802 
per product. Based on these figures, we estimate the cost of this 
proposed AD on

[[Page 64082]]

U.S. operators to be $86,870, or $2,482 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 3 work-hours and require parts costing $16,080, for a cost 
of $16,335 per product. We have no way of determining the number of 
aircraft that might need this action.

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 removing Airworthiness Directive (AD) 
2013-23-02, Amendment 39-17657 (78 FR 68688, November 15, 2013), and 
adding the following new AD:

Airbus Defense and Space S.A. (formerly known as Construcciones 
Aeronauticas, S.A.): Docket No. FAA-2016-9109; Directorate 
Identifier 2016-NM-011-AD.

(a) Comments Due Date

    We must receive comments by November 3, 2016.

(b) Affected ADs

    This AD replaces AD 2013-23-02, Amendment 39-17657 (78 FR 68688, 
November 15, 2013) (``AD 2013-23-02'').

(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, CN-235-300, and C-295 airplanes, certificated in any 
category, all manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by a report of an in-flight problem with 
the fuel transfer system. We are issuing this AD to prevent damage 
to certain fuel booster pumps, which could create an ignition source 
in the fuel tank vapor space, and result in a fuel tank explosion 
and consequent loss of the airplane.

(f) Compliance

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

(g) Retained Inspection of the Feeder Cables of Certain Fuel Booster 
Pumps With No Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2013-23-02, with no changes. Within the times specified in paragraph 
(g)(1) or (g)(2) of this AD, as applicable: Perform a detailed 
visual inspection for damage (including, but not limited to, signs 
of electrical arcing and fuel leaks) of the electrical feeder cables 
of each fuel booster pump having part number (P/N) 1C12-34 or 1C12-
46, in accordance with the instructions of Airbus Military All 
Operator Letter 235-025, dated July 29, 2013 (for Model CN-235 
airplanes); or Airbus Military All Operator Letter 295-025, Revision 
01, dated August 1, 2013 (for Model C-295 airplanes).
    (1) For each fuel booster pump that has not been replaced as of 
December 2, 2013 (the effective date of AD 2013-23-02): Prior to the 
accumulation of 300 total flight hours or within 5 flight cycles 
after December 2, 2013, whichever occurs later.
    (2) For each fuel booster pump that has been replaced as of 
December 2, 2013 (the effective date of AD 2013-23-02): Within 300 
flight hours since the most recent fuel booster pump replacement, or 
within 5 flight cycles after December 2, 2013, whichever occurs 
later.

(h) Retained Replacement of Affected Fuel Boost Pumps With No Changes

    This paragraph restates the requirements of paragraph (h) of AD 
2013-23-02, with no changes. If any damage (including, but not 
limited to, signs of electrical arcing and fuel leaks) is found 
during the inspection required by paragraph (g) of this AD: Within 
the time specified in paragraph (h)(1) or (h)(2) of this AD, replace 
the affected fuel booster pump with a serviceable pump, in 
accordance with Airbus Military All Operator Letter 235-025, dated 
July 29, 2013 (for Model CN-235 airplanes); or Airbus Military All 
Operator Letter 295-025, Revision 01, dated August 1, 2013 (for 
Model C-295 airplanes).
    (1) Before further flight.
    (2) Within 10 days following the inspection, provided that the 
airplane is operated under the conditions specified in Airbus 
Military All Operator Letter 235-025, dated July 29, 2013 (for Model 
CN-235 airplanes); or Airbus Military All Operator Letter 295-025, 
Revision 01, dated August 1, 2013 (for Model C-295 airplanes).

(i) New Requirement of This AD: Modification of the Fuel Booster Pumps

    For Airbus Defense and Space S.A. Model CN-235, CN-235-100, CN-
235-200, and CN-235-300 airplanes: Within 12 months after the 
effective date of this AD, modify the electrical installation of the 
fuel booster pumps, in accordance with the Accomplishment 
Instructions of Airbus Defense and Space Service Bulletin SB-235-28-
0023C, Revision 01, dated October 27, 2015. Accomplishing the 
modification terminates the requirements of paragraphs (g) and (h) 
of this AD for that airplane.

(j) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(i) of this AD, if those actions were performed before the effective 
date of this AD using Airbus EADS CASA Service Bulletin SB-235-28-
0023, dated March 14, 2014.

(k) 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

[[Page 64083]]

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.
    (2) Contacting the Manufacturer: As of the effective date of 
this AD, 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.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency (EASA) AD 2016-0014, dated 
January 14, 2016, 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-2016-9109.
    (2) For service information identified in this AD, contact EADS 
CASA (Airbus Defense and Space), Services/Engineering Support, 
Avenida de Arag[oacute]n 404, 28022 Madrid, Spain; telephone: +34 91 
585 55 84; fax: +34 91 585 31 27; email: 
[email protected]. 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 12, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.

[FR Doc. 2016-22434 Filed 9-16-16; 8:45 am]
 BILLING CODE 4910-13-P