[Federal Register Volume 81, Number 227 (Friday, November 25, 2016)]
[Proposed Rules]
[Pages 85169-85171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27307]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9386; Directorate Identifier 2016-NM-056-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. Model CN-235, CN 235-100, CN 235-200, and 
CN 235-300 airplanes, and Model C-295 airplanes. This proposed AD was 
prompted by leakage of a motorized cross-feed fuel valve. This proposed 
AD would require an inspection of the affected fuel valves and, 
depending on findings, applicable corrective action(s). We are 
proposing this AD to detect and correct leaks in a motorized cross-feed 
fuel valve, which could lead to failure of the fuel valve and 
consequent improper fuel system functioning or, in case of the presence 
of an ignition source, an airplane fire.

DATES: We must receive comments on this proposed AD by January 9, 2017.

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 
Defense and Space, Services/Engineering Support, Avenida de 
Arag[oacute]n 404, 28022 Madrid, Spain; 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.

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-
9386; 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-2016-9386; 
Directorate Identifier 2016-NM-056-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 
Airworthiness Directive 2016-0071, dated April 11, 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, and CN-235-300 
airplanes, and Model C-295 airplanes. The MCAI states:

    Leakage of a motorised cross-feed fuel valve Part Number (P/N) 
7923227F was reported on a CN-235-100M aeroplane. The leakage was 
observed through the valve electrical connectors and detected during 
accomplishment of a functional check in accordance with the CN-235 
aeroplane Maintenance Review Board Report (MRB-PV01M), task 28.007. 
Identical motorised fuel valves are installed on CN-235 and C-295 
aeroplanes, corresponding to civil type design, as cross-feed, shut-
off and defueling valves, as applicable to aeroplane model and 
configuration.
    This condition, if not detected and corrected, could lead to 
failure of a motorised fuel valve and consequent improper fuel 
system functioning or, in case of the presence of an ignition 
source, possibly resulting in an aeroplane fire.
    To address this potentially unsafe condition, Airbus Defense & 
Space (D&S) issued Alert Operators Transmission (AOT)-CN235-28-0001 
and AOT-C295-28-0001 to provide inspection instructions.
    For the reasons described above, this [EASA] AD requires an 
inspection of the affected motorised fuel valves and, depending on 
findings, accomplishment of applicable corrective action(s) [(valve 
replacement)].

    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-
9386.

Related Service Information Under 1 CFR Part 51

    Airbus Defense and Space S.A. has issued AOT-CN235-28-0001, dated 
February 19, 2016; and AOT-C295-28-0001, dated February 19, 2016. The 
service information describes procedures for inspecting and replacing 
the motorized fuel valves. The service information also describes 
procedures for reporting inspection findings. These documents are 
distinct since they apply to different airplane models. 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

[[Page 85170]]

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.

Costs of Compliance

    We estimate that this proposed AD affects 14 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection.........................  2 work-hours x $85 per hour              $0            $170          $2,380
                                      = $170.
Reporting..........................  1 work-hour x $85 per hour                0              85           1,190
                                      = $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements 
that would be required based on the results of the proposed inspection. 
We have no way of determining the number of airplanes that might need 
these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement................................  5 work-hours x $85 per hour = $425.         $38,448         $38,873
----------------------------------------------------------------------------------------------------------------

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this proposed AD 
is 2120-0056. The paperwork cost associated with this proposed AD has 
been detailed in the Costs of Compliance section of this document and 
includes time for reviewing instructions, as well as completing and 
reviewing the collection of information. Therefore, all reporting 
associated with this proposed AD is mandatory. Comments concerning the 
accuracy of this burden and suggestions for reducing the burden should 
be directed to the FAA at 800 Independence Ave. SW., Washington, DC 
20591, ATTN: Information Collection Clearance Officer, AES-200.

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-2016-9386; Directorate 
Identifier 2016-NM-056-AD.

(a) Comments Due Date

    We must receive comments by January 9, 2017.

(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, and Model 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 leakage of a motorized cross-feed fuel 
valve, which was detected during accomplishment of a functional 
check. We are issuing this AD to detect and correct leaks in a 
motorized cross-feed fuel valve, which could lead to failure of the 
fuel valve and consequent improper

[[Page 85171]]

fuel system functioning or, in case of the presence of an ignition 
source, an airplane fire.

(f) Compliance

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

(g) Inspection of Motorized Fuel Valves

    Within the compliance time defined in paragraph (g)(1) or (g)(2) 
of this AD, as applicable, do a general visual inspection of each 
motorized fuel valve having part number (P/N) 7923227F for the 
presence of fuel on the electrical connectors and inside the 
receptacles, as specified in, and in accordance with the 
instructions of Airbus Defense and Space Alert Operators 
Transmission (AOT) AOT-CN235-28-0001 or Airbus Defense and Space 
AOT-C295-28-0001, both dated February 19, 2016, as applicable.
    (1) For airplanes that, as of the effective date of this AD, 
have accumulated 6,000 flight cycles or more since first flight: Do 
the inspection within 30 flight cycles or 30 days after the 
effective date of this AD, whichever occurs first.
    (2) For airplanes that, as of the effective date of this AD, 
have accumulated fewer than 6,000 flight cycles since first flight: 
Do the inspection within 400 flight hours after the effective date 
of this AD.

(h) Replacement of Affected Parts

    If, during the inspection required by paragraph (g) of this AD, 
any leaking of a motorized fuel valve having P/N 7923227F is 
detected: Before the next flight, replace the affected fuel valve 
with a serviceable part, in accordance with the instructions of 
Airbus Defense and Space AOT-CN235-28-0001 or Airbus Defense and 
Space AOT-C295-28-0001, both dated February 19, 2016, as applicable. 
A serviceable part is defined as a part that is not defective; it 
could be a used or brand new part.

(i) Parts Installation Limitation

    As of the effective date of this AD, replacement of a motorized 
fuel valve having P/N 7923227F with a serviceable used part on an 
airplane is allowed, provided that, within 30 flight cycles or 30 
days, whichever occurs first after installation, the part passes an 
inspection done in accordance with the instructions of Airbus 
Defense and Space AOT-CN235-28-0001 or AOT-C295-28-0001, both dated 
February 19, 2016, as applicable.

(j) Reporting Requirement

    At the applicable time specified in paragraph (j)(1) or (j)(2) 
of this AD, report the inspection results (both positive and 
negative) to Airbus DS Technical Assistance Center (AMTAC); 
telephone +34 91 600 79 99; email [email protected]. 
The report must include the inspection results, a description of any 
discrepancies found, operator name, the airplane model and serial 
number, valve part number and serial number, and the number of 
landings and flight hours on the airplane.
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 60 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 60 days after the effective date of 
this AD.

(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 European 
Aviation Safety Agency (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.
    (3) Reporting Requirements: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave. 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Airworthiness Directive 2016-0071, dated April 11, 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-2016-9386.
    (2) For service information identified in this AD, contact 
Airbus Defense and Space, Technical Services/Engineering Support, 
Avenida de Arag[oacute]n 404, 28022 Madrid, Spain; telephone +34 91 
585 55 84; fax +34 91 585 55 31 0527; 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 November 2, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-27307 Filed 11-23-16; 8:45 am]
 BILLING CODE 4910-13-P