[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Proposed Rules]
[Pages 66872-66874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23085]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9113; Directorate Identifier 2016-NM-042-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 reports of cracks in 
certain areas of the rear fuselage. This proposed AD would require 
repetitive borescope and detailed visual inspections of the rear 
fuselage lateral beam and its external area and repair if necessary. We 
are proposing this AD to detect and correct cracks in the rear fuselage 
lateral beam and its external area; such cracking could lead to failure 
of the affected components, and result in reduced structural integrity 
of the fuselage.

DATES: We must receive comments on this proposed AD by November 14, 
2016.

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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Airbus 
Defence 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 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-
9113; 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-2016-9113; 
Directorate Identifier 2016-NM-042-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.

[[Page 66873]]

    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 
Airworthiness Directive 2016-0064, dated April 04, 2016 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for certain Airbus 
Defense and Space S.A. Model CN-235, CN-235-100, CN-235-200, and CN-
235-300 airplanes. The MCAI states:

    During a scheduled visual inspection accomplished in accordance 
with the CN-235 Maintenance Review Board (MRB) Document task 53.160, 
cracking was found, affecting the rear fuselage lateral beam, both 
left hand (LH) and right hand (RH) sides. The investigation to 
determine the cause of these cracks is on-going.
    This condition, if not detected and corrected, could lead to 
failure of the affected components, resulting in reduced structural 
integrity of the fuselage.
    To address this potential unsafe condition, Airbus Defence and 
Space (D&S) issued Alert Operator Transmission (AOT) AOT-CN235-53-
0002 Revision 1 (hereafter referred to as `the AOT' in this AD) to 
provide inspection instructions.
    For the reasons described above, this [EASA] AD requires 
repetitive inspections [special detailed inspection with a borescope 
and detailed visual] of the rear fuselage lateral beam and its 
external area and, depending on findings, [cracks or discrepancies], 
accomplishment of applicable corrective action(s) [repair].

    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-
9113.

Related Service Information Under 1 CFR Part 51

    We reviewed Airbus Defense and Space Alert Operators Transmission 
(AOT), AOT-CN235-53-0002, Revision 1, dated September 17, 2015. This 
service information describes repetitive borescope and detailed visual 
inspection requirements for the rear fuselage lateral beam and its 
external area. 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 the same 
type design.

Costs of Compliance

    We estimate that this proposed AD affects 13 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
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                                                                                     Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
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Inspection.........................  2 work-hours x $85 per hour               0            $170          $2,210
                                      = $170.
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    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this proposed 
AD.

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-2016-9113; Directorate 
Identifier 2016-NM-042-AD.

(a) Comments Due Date

    We must receive comments by November 14, 2016.

(b) Affected ADs

    None.

[[Page 66874]]

(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 53, Fuselage.

(e) Reason

    This AD was prompted by reports of cracks in certain areas of 
the rear fuselage. We are issuing this AD to detect and correct 
cracks in the rear fuselage lateral beam and its external area; such 
cracking could lead to failure of the affected components, and 
result in reduced structural integrity of the fuselage.

(f) Compliance

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

(g) Repetitive Inspections on the Fuselage Lateral Beam

    Within the compliance time specified in Table 1 to paragraph (g) 
of this AD and, thereafter, at intervals not to exceed the values 
specified in Table 2 to paragraph (g) of this AD, as applicable to 
airplane model, accomplish the inspections as specified in 
paragraphs (g)(1) and (g)(2) of this AD, in accordance with the 
instructions of Airbus Defense and Space Alert Operators 
Transmission (AOT) AOT-CN235-53-0002, Revision 1, dated September 
17, 2015.
    (1) A special detailed inspection for cracks and other 
discrepancies with a borescope of the rear fuselage lateral beam 
between Frame (FR) 31 and FR45, left-hand (LH) and right-hand (RH) 
side.
    (2) A detailed visual inspection for cracks and other 
discrepancies of the external area of the rear fuselage lateral 
beam, LH and RH side.

 Table 1 to Paragraph (g) of This AD--Initial Inspection Compliance Time
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                     A or B, whichever occurs later
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A....................  Before exceeding 15,000 flight cycles or 15,000
                        flight hours, whichever occurs first since
                        airplane first flight.
B....................  Within 50 flight cycles or 50 flight hours
                        whichever occurs first after the effective date
                        of this AD.
------------------------------------------------------------------------


                      Table 2 to Paragraph (g) of This AD--Repetitive Inspection Intervals
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                                           Repetitive interval (whichever occurs first, flight cycles or flight
            Airplane models                                               hours)
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Model CN-235 and CN-235-100 airplanes..  3,600 flight cycles or 3,100 flight hours.
Model CN-235-200 airplanes.............  3,600 flight cycles or 2,800 flight hours.
Model CN-235-300 airplanes.............  15,000 flight cycles or 15,000 flight hours.
----------------------------------------------------------------------------------------------------------------

(h) Repair

    If any crack or discrepancy is found during any inspection 
required by paragraph (g) of this AD: Before further flight, contact 
and obtain repair instructions from Airbus Defense and Space S.A. in 
accordance with paragraph (k)(2) of this AD, and within the 
compliance time indicated in those instructions, accomplish the 
repair accordingly, including any post-repair maintenance task(s), 
as applicable.

(i) Continued Inspection of Repaired Areas

    Accomplishment of a repair on an airplane, as required by 
paragraph (h) of this AD, does not constitute terminating action for 
the repetitive inspections as required by paragraph (g) of this AD 
for that airplane, unless specified in the applicable repair 
instructions obtained in paragraph (h).

(j) Credit for Previous Actions

    This paragraph provides credit for actions required by 
paragraphs (g) and (h) of this AD, if those actions were performed 
before the effective date of this AD, using Airbus Defense and Space 
AOT AOT-CN235-53-0002, dated August 28, 2015.

(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 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. 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 EASA; or 
Airbus Defense and Space S.A.'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) EASA Airworthiness Directive 2016-0064, dated April 04, 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-2016-9113.
    (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, 2016.
Suzanne Masterson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-23085 Filed 9-28-16; 8:45 am]
 BILLING CODE 4910-13-P