[Federal Register Volume 82, Number 38 (Tuesday, February 28, 2017)]
[Proposed Rules]
[Pages 12074-12076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03718]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0123; Directorate Identifier 2016-NM-033-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, CN-
235-300, and C-295 airplanes. This proposed AD was prompted by a 
reported inability to extend the external handle of the emergency door 
from its recess due to a jammed spring mechanism. This proposed AD 
would require a one-time functional check of each emergency door 
handle, and corrective actions if necessary. We are proposing this AD 
to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by April 14, 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 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-2017-
0123; 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-2017-0123; 
Directorate Identifier 2016-NM-033-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 AD 
2016-0051, dated March 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, CN-235-300, and C-295 airplanes. The 
MCAI states:

    Failure to extend the external handle of emergency door from its 
recess was reported. As a consequence, it was impossible to open the 
rear emergency door from outside. Subsequent investigation 
determined that jamming of the door spring mechanism led to failure 
pushing out the emergency door external handle from its position 
normally aligned with the door skin.
    This condition, if not detected and corrected, could lead to 
failure to open the emergency door from outside in an emergency.
    To address this potential unsafe condition, Airbus Defence&Space 
(D&S) issued Alert Operators Transmission (AOT) AOT-CN235-52-0001 
and AOT-C295-52-0001 to provide inspection instructions [and 
corrective actions if necessary].
    For the reasons described above, this [EASA] AD requires a one-
time functional check of [each of] the affected emergency door 
external handle[s] and, depending on findings, [detailed visual 
inspection for damage or unexpected material and] corrective action 
[repair]. This [EASA] AD also requires reporting the check result.

    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-2017-
0123.

Related Service Information Under 1 CFR Part 51

    We reviewed the following Airbus Defense and Space service 
information.
     Airbus Defense and Space Alert Operators Transmission 
(AOT) AOT-CN235-52-0001, dated September 4, 2014.
     Airbus Defense and Space AOT-C295-52-0001, dated September 
4, 2014.
    The service information describes procedures for a one-time 
functional check of each emergency door handle and corrective actions 
if necessary. 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 12075]]

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 27 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
----------------------------------------------------------------------------------------------------------------
Functional Check...................  1 work-hour x $85 per hour               $0             $85          $2,295
                                      = $85.
Reporting..........................  1 work-hour x $85 per hour                0              85           2,295
                                      = $85.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this proposed 
AD.

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-2017-0123; Directorate 
Identifier 2016-NM-033-AD.

(a) Comments Due Date

    We must receive comments by April 14, 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, CN-235-300, and C-295 airplanes, certificated in any 
category, all manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

(e) Reason

    This AD was prompted by a reported inability to extend the 
external handle of the emergency door from its recess due to a 
jammed spring mechanism. We are issuing this AD to detect and 
correct jamming of the door spring mechanism, which could lead to 
the inability to push out the emergency door external handle from 
its position normally aligned with the door skin. This condition 
could result in the inability to open the emergency door from 
outside during an emergency.

(f) Compliance

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

(g) One Time Functional Check

    Within 30 days after the effective date of this AD, do a one-
time functional check of each emergency door handle in accordance 
with Airbus Defense and Space Alert Operators Transmission (AOT) 
AOT-CN235-52-0001, dated September 4, 2014; or Airbus Defense and 
Space AOT-C295-52-0001, dated September 4, 2014; as applicable.

(h) Additional Actions for Discrepancies

    If any discrepancy (non-working emergency door handle) is found 
during the functional check required by paragraph (g) of this AD, 
before further flight, do the actions required by paragraphs (h)(1) 
and (h)(2) of this AD.
    (1) Accomplish a detailed visual inspection for damage and 
unexpected material in

[[Page 12076]]

accordance with Airbus Defense and Space AOT-CN235-52-0001, dated 
September 4, 2014; or Airbus Defense and Space AOT-C295-52-0001, 
dated September 4, 2014; as applicable.
    (2) Before further flight, repair using a method approved by 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 EASA Design Organization Approval 
(DOA). If approved by the DOA, the approval must include the DOA-
authorized signature.

(i) Reporting

    Submit a report of the findings (both positive and negative) 
from the functional test required by paragraph (g) of this AD and 
the inspection required by paragraph (h)(1) of this AD to Airbus 
Defense and Space in accordance with the instructions of Airbus 
Defense and Space AOT-CN235-52-0001, dated September 4, 2014; or 
Airbus Defense and Space AOT-C295-52-0001, dated September 4, 2014; 
as applicable; at the applicable time specified in paragraph (i)(1) 
or (i)(2) of this AD.
    (1) If the functional test or inspection was done on or after 
the effective date of this AD: Submit the report within 30 days 
after the functional test or inspection.
    (2) If the functional test or inspection was done before the 
effective date of this AD: Submit the report within 30 days after 
the effective date of this AD.

(j) 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. 
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 EASA; or 
Airbus Defense and Space S.A.'s EASA 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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2016-0051, dated March 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-2017-0123.
    (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 February 15, 2017.
Thomas Groves,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-03718 Filed 2-27-17; 8:45 am]
 BILLING CODE 4910-13-P