[Federal Register Volume 82, Number 118 (Wednesday, June 21, 2017)]
[Proposed Rules]
[Pages 28274-28277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12630]


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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: Supplemental notice of proposed rulemaking (SNPRM); reopening 
of comment period.

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SUMMARY: We are revising an earlier proposal 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 action revises the notice of 
proposed rulemaking (NPRM) by reducing a certain compliance time, 
adding repetitive inspections and operational checks of the affected 
fuel valves, and providing corrective action if necessary. We are 
proposing this airworthiness directive (AD) to address the unsafe 
condition on these products. Since these actions impose an additional 
burden over those proposed in the NPRM we are reopening the comment 
period to allow the public the chance to comment on these changes.

DATES: The comment period for the NPRM published in the Federal 
Register on November 25, 2016 (81 FR 85169), is reopened.
    We must receive comments on this SNPRM by August 7, 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: 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 SNPRM, contact 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].; 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-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 
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

    We issued an NPRM to amend 14 CFR part 39 by adding an AD that 
would apply to 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 NPRM published in the Federal Register on November 25, 2016 (81 FR 
85169). The NPRM was prompted by leakage of a motorized cross-feed fuel 
valve. The NPRM proposed to require an inspection of the affected fuel 
valves and, depending on findings, applicable corrective actions.

Actions Since the NPRM Was Issued

    Since we issued the NPRM, an additional report of a fuel leak in a 
motorized cross-feed valve has resulted in the need for a change to the 
compliance time for the initial inspection, the addition of repetitive 
inspections and operational checks, and corrective action if necessary.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued AD 2017-
0004, dated January 9, 2017, (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition on 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 task 28.007 
of the CN-235 Maintenance Review Board Report (MRB CN-235-PV01). 
Identical motorised fuel valves are installed on civilian CN-235 and 
C-295 aeroplanes, as cross-feed, shut-off and defueling valves.
    This condition, if not detected and corrected, could lead to 
failure of a motorised fuel valve and consequent improper 
functioning of the fuel system or, in case of

[[Page 28275]]

an ignition source, could lead to a fire, possibly resulting in 
damage to the aeroplane and injury to occupants.
    To address this potentially unsafe condition, Airbus Defence & 
Space (D&S) issued Alert Operators Transmission (AOT)-CN235-28-0001 
and AOT-C295-28-0001 to provide inspection instructions.
    Consequently, EASA issued AD 2016-0071 to require a one-time 
inspection of the affected motorised fuel valves and, depending on 
findings, accomplishment of applicable corrective action(s).
    Since that [EASA] AD was issued, new occurrences of fuel leakage 
involving the affected motorised fuel valves were reported and 
Airbus D&S issued Revision 1 of AOT-CN235-28-0001 and Revision 1 of 
AOT-C295-28-0001 to introduce repetitive inspections and operational 
checks of the affected motorised fuel valves.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2016-0071, which is superseded, and 
introduces repetitive inspections and operational checks [and 
corrective action, if necessary] of the affected fuel valves.

    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 Alert Operators 
Transmission (AOT) AOT-CN235-28-0001, Revision 1, dated September 27, 
2016; and AOT AOT-C295-28-0001, Revision 1, dated September 27, 2016. 
The service information describes procedures for repetitive 
inspections, replacement of the motorized fuel valves, and performing 
operational checks and corrective actions on affected motorized fuel 
valves. 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.

Comments

    We gave the public the opportunity to participate in developing 
this proposed AD. We received no comments on the NPRM or on the 
determination of the cost to the public.

FAA's Determination and Requirements of This SNPRM

    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.
    Certain changes described above expand the scope of the NPRM. As a 
result, we have determined that it is necessary to reopen the comment 
period to provide additional opportunity for the public to comment on 
this SNPRM.

Costs of Compliance

    We estimate that this SNPRM 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 and operational check......  3 work-hours x $85 per                $0            $255          $3,570
                                         hour = $255.
Reporting.............................  1 work-hour x $85 per                  0              85           1,190
                                         hour = $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 aircraft that might need 
these actions:

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

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition corrective actions for the 
operational check 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 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 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

[[Page 28276]]

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 August 7, 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 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 applicable compliance time defined in paragraph 
(g)(1) or (g)(2) of this AD: Do an initial general visual inspection 
of each motorized cross-feed fuel valve having part number (P/N) 
7923227F for the presence of fuel on the electrical connectors and 
inside the receptacles, in accordance with the instructions of 
Airbus Defense and Space Alert Operators Transmission (AOT) AOT-
CN235-28-0001, Revision 1, or Airbus Defense and Space AOT AOT-C295-
28-0001, Revision 1, both dated September 27, 2016, as applicable. 
Repeat the inspection thereafter at intervals not to exceed 300 
flight hours.
    (1) For airplanes that, as of the effective date of this AD, 
have accumulated 6,000 flight cycles or more since first flight of 
the airplane: 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 less than 6,000 flight cycles since first flight of 
the airplane: Do the inspection within 300 flight hours or 30 days 
after the effective date of this AD, whichever occurs later.

(h) Replacement of Affected Parts

    If, during the inspection required by paragraph (g) of this AD, 
any leaking of a motorized cross-feed 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 AOT-CN235-28-0001, Revision 1, or 
Airbus Defense and Space AOT AOT-C295-28-0001, Revision 1, both 
dated September 27, 2016, as applicable. A serviceable part is 
defined as a part that is not defective; it could be a used or new 
part. Replacement of a motorized fuel valve on an airplane does not 
constitute terminating action for the repetitive inspections 
required by paragraph (g) of this AD for that airplane.

(i) Operational Check

    Within 12 months after the effective date of this AD, and 
thereafter at intervals not to exceed 12 months, accomplish an 
operational check of each motorized fuel valve P/N 7923227F, in 
accordance with the instructions of Airbus Defense and Space AOT 
AOT-CN235-28-0001, Revision 1, or Airbus Defense and Space AOT AOT-
C295-28-0001, Revision 1, both dated September 27, 2016, as 
applicable.

(j) Corrective Action

    If, during any operational check, as required by paragraph (i) 
of this AD, any discrepancy is detected, as described in Airbus 
Defense and Space AOT AOT-CN235-28-0001, Revision 1, or Airbus 
Defense and Space AOT AOT-C295-28-0001, Revision 1, both dated 
September 27, 2016, as applicable: Before further flight, contact 
the Manager, International Branch, ANM-116, FAA, Transport Airplane 
Directorate; or the European Aviation Safety Agency (EASA); or 
Airbus Defense and Space S.A.'s EASA Design Organization Approval 
(DOA) to obtain instructions for corrective actions, and within the 
compliance time indicated in those instructions accomplish the 
corrective actions accordingly.

(k) Parts Installation Limitation

    As of the effective date of this AD, replacement of a motorized 
fuel valve having P/N 7923227F with a serviceable 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 AOT-CN235-28-0001, Revision 1, or Airbus 
Defense and Space AOT AOT-C295-28-0001, Revision 1, both dated 
September 27, 2016, as applicable.

(l) 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-CN235-28-0001, or Airbus Defense and Space AOT AOT-C295-28-
0001, both dated February 19, 2016, as applicable.

(m) Reporting Requirement

    At the applicable time specified in paragraph (m)(1) or (m)(2) 
of this AD, report all inspection results to Airbus Defense and 
Space 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.

(n) 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

[[Page 28277]]

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 send it 
to the attention of the person identified in paragraph (o)(2) of 
this AD. 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: 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.

(o) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2017-0004, dated January 9, 2017, 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 more information about this AD, 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.
    (3) For service information identified in this AD, contact 
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].; 
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 June 12, 2017.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-12630 Filed 6-20-17; 8:45 am]
 BILLING CODE 4910-13-P