[Federal Register Volume 85, Number 243 (Thursday, December 17, 2020)]
[Proposed Rules]
[Pages 81851-81854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27691]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1134; Project Identifier MCAI-2020-01053-T]
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: The FAA proposes to supersede Airworthiness Directive (AD) 
2017-19-25, which applies 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. AD 2017-19-25 requires repetitive inspections and 
operational checks of the affected fuel valves, and corrective actions 
if necessary. Since the FAA issued AD 2017-19-25, it has been 
determined that it is necessary to limit the installation of affected 
parts specified in AD 2017-19-25 to those parts that are maintained in 
accordance with certain instructions. This proposed AD would continue 
to require repetitive inspections and operational checks of the 
affected fuel valves, and corrective actions if necessary. This 
proposed AD would also limit the installation of affected parts to 
those that that are maintained in accordance with certain instructions, 
as specified in a European Union Aviation Safety Agency (EASA), which 
will be incorporated by reference. The FAA is proposing this AD to 
address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by February 1, 
2021.

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 https://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 the material incorporated by reference (IBR) in this AD, 
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 8999 000; email [email protected]; internet 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at https://ad.easa.europa.eu.
    You may view this IBR material at the FAA, Airworthiness Products 
Section, Operational Safety Branch, 2200 South 216th St., Des Moines, 
WA. For information on the availability of this material at the FAA, 
call 206-231-3195. It is also available in the AD docket on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2020-1134.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
1134; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this NPRM, any comments received, and other information. The street 
address for Docket Operations is listed above. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace 
Engineer, Large Aircraft Section, International Validation Branch, FAA, 
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3220; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2020-1134; 
Project Identifier MCAI-2020-01053-T'' at the beginning of your 
comments. The most helpful comments reference a specific portion of the 
proposal, explain the reason for any recommended change, and include 
supporting data. The FAA will consider all comments received by the 
closing date and may amend the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 
Shahram Daneshmandi, Aerospace Engineer, Large Aircraft Section, 
International Validation Branch, FAA, 2200 South 216th St., Des Moines, 
WA 98198; telephone and fax 206-231-3220; email 
[email protected]. Any commentary that the FAA receives which 
is not specifically designated as CBI will be placed in the public 
docket for this rulemaking.

Discussion

    The FAA issued AD 2017-19-25, Amendment 39-19055 (82 FR 44895, 
September 27, 2017) (AD 2017-19-25), which applies 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. AD 2017-19-25 requires 
repetitive inspections and operational checks of the affected fuel 
valves, and corrective actions if necessary. The FAA issued AD 2017-19-
25 to address leaks in a motorized 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.

Actions Since AD 2017-19-25 Was Issued

    Since the FAA issued AD 2017-19-25, it has been determined that it 
is necessary to limit the installation of affected parts specified in 
AD 2017-19-25 to those parts that are maintained in accordance with 
certain instructions.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0212, dated August 27, 2019

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(EASA AD 2019-0212) (also referred to 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. EASA AD 2019-
0212 supersedes EASA AD 2017-0004 (which corresponds to FAA AD 2017-19-
25).
    This proposed AD was prompted by leakage of a motorized cross-feed 
fuel valve and a determination that it is necessary to limit the 
installation of affected parts specified in AD 2017-19-25 to those 
parts that are maintained in accordance with certain instructions. The 
FAA is proposing this AD to address leaks in a motorized 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. See the MCAI for additional background 
information.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2017-19-25, this proposed AD would retain all of the 
requirements of AD 2017-19-25. Those requirements are referenced in 
EASA AD 2019-0212, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2019-0212 describes procedures for repetitive inspections 
and operational checks of the affected fuel valves (cycling procedures 
and reapplication of grease or overhaul as applicable), and corrective 
actions if necessary. Corrective actions include replacement. EASA AD 
2019-0212 also describes procedures for reporting inspection results.
    This material 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 the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is proposing this AD because the FAA 
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.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2019-0212 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA initially worked with Airbus and EASA to develop a 
process to use certain EASA ADs as the primary source of information 
for compliance with requirements for corresponding FAA ADs. The FAA has 
since coordinated with other manufacturers and civil aviation 
authorities (CAAs) to use this process. As a result, EASA AD 2019-0212 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2019-0212 in its 
entirety, through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this proposed AD. 
Using common terms that are the same as the heading of a particular 
section in the EASA AD does not mean that operators need comply only 
with that section. For example, where the AD requirement refers to 
``all required actions and compliance times,'' compliance with this AD 
requirement is not limited to the section titled ``Required Action(s) 
and Compliance Time(s)'' in the EASA AD. Service information specified 
in EASA AD 2019-0212 that is required for compliance with EASA AD 2019-
0212 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2020-1134 after the FAA 
final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 8 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this 
proposed AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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3 work-hours x $85 per hour = $255...........................              $0             $255           $2,040
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    The FAA estimates the following costs to do any necessary 
replacements that would be required based on the results of the 
proposed inspection. The FAA has no way of determining the number of 
aircraft that might need these replacements:

                 Estimated Costs of On-Condition Actions
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                                                             Cost per
              Labor cost                   Parts cost        product
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5 work-hours x $85 per hour = $425....         $38,448          $38,873
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* Table does not include estimated costs for reporting.

    The FAA estimates that it would take about 1 work-hour per product 
to comply with the proposed on-condition reporting requirement in this 
proposed AD. The average labor rate is $85 per hour. Based on these 
figures, the FAA estimates the cost of reporting the inspection results 
on U.S. operators to be $85 per product.
    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition corrective actions for the operational 
check specified in this proposed AD.

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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 Information Collection Clearance Officer, Federal 
Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-
1524.

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.
    The FAA is 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

    The FAA 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) Will not affect intrastate aviation in Alaska, and
    (3) 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:
0
a. Removing Airworthiness Directive (AD) 2017-19-25, Amendment 39-19055 
(82 FR 44895, September 27, 2017), and
0
b. Adding the following new AD:

Airbus Defense and Space S.A. (Formerly known as Construcciones 
Aeronauticas, S.A.): Docket No. FAA-2020-1134; Project Identifier 
MCAI-2020-01053-T.

(a) Comments Due Date

    The FAA must receive comments by February 1, 2021.

(b) Affected ADs

    This AD replaces AD 2017-19-25, Amendment 39-19055 (82 FR 44895, 
September 27, 2017) (AD 2017-19-25).

(c) Applicability

    This AD applies 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.

(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 and a determination that it is necessary to limit the 
installation of affected parts to those parts that are maintained in 
accordance with certain instructions. The FAA is issuing this AD to 
address leaks in a motorized 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) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2019-0212, dated August 27, 2019 (EASA AD 2019-0212).

(h) Exceptions to EASA AD 2019-0212

    (1) Where EASA AD 2019-0212 refers to April 25, 2016 (the 
effective date of EASA AD 2016-0071) or January 23, 3017 (the 
effective date of EASA AD 2017-0004), this AD requires using 
November 1, 2017 (the effective date of AD 2017-19-25).
    (2) Where EASA AD 2019-0212 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) The ``Remarks'' section of EASA AD 2019-0212 does not apply 
to this AD.
    (4) Although the service information referenced in EASA AD 2019-
0212 specifies to submit all inspection findings to the 
manufacturer, this AD requires reporting only as specified in 
paragraph (8) of EASA AD 2019-0212.
    (5) Where paragraph (5) of EASA AD 2019-0212 specifies ``any 
discrepancy,'' for this AD ``any discrepancy'' is defined as the 
valve not opening or closing as commanded during the operational 
check.
    (6) Paragraph (8) of EASA AD 2019-0212 specifies to report 
inspection results to Airbus Defense and Space S.A. within a certain 
compliance time. For this AD, report inspection results at the 
applicable time specified in paragraph (h)(6)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 60 days after the inspection.
    (ii) 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.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation Branch, 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 responsible Flight 
Standards Office, as appropriate. If sending information directly to 
the Large Aircraft Section, International Validation Branch, send it 
to the attention of the person identified in paragraph (j)(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 
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, Large Aircraft 
Section, International Validation Branch, FAA; or EASA; or Airbus 
Defense and Space S.A.'s EASA Design Organization Approval (DOA).

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If approved by the DOA, the approval must include the DOA-authorized 
signature.
    (3) Paperwork Reduction Act Burden Statement: 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 1 
hour per response, including the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
All responses to this collection of information are mandatory as 
required by this AD. Send comments regarding this burden estimate or 
any other aspect of this collection of information, including 
suggestions for reducing this burden to Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

(j) Related Information

    (1) For information about EASA AD 2019-0212, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; internet www.easa.europa.eu. You 
may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195. This material may be 
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-1134.
    (2) For more information about this AD, contact Shahram 
Daneshmandi, Aerospace Engineer, Large Aircraft Section, 
International Validation Branch, FAA, 2200 South 216th St., Des 
Moines, WA 98198; telephone and fax 206-231-3220; email 
[email protected].

    Issued on December 11, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-27691 Filed 12-16-20; 8:45 am]
BILLING CODE 4910-13-P