[Federal Register Volume 86, Number 63 (Monday, April 5, 2021)]
[Rules and Regulations]
[Pages 17499-17502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06910]


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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; 
Amendment 39-21475; AD 2021-06-08]
RIN 2120-AA64


Airworthiness Directives; Airbus Defense and Space S.A. (Formerly 
Known as Construcciones Aeronauticas, S.A.) Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2017-19-
25, which applied 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 required repetitive inspections and 
operational

[[Page 17500]]

checks of the affected fuel valves, and corrective actions if 
necessary. This AD continues to require repetitive inspections and 
operational checks of the affected fuel valves, and corrective actions 
if necessary, and also limits the installation of affected parts to 
those that are maintained in accordance with certain instructions, as 
specified in a European Union Aviation Safety Agency (EASA), which is 
incorporated by reference. This AD was prompted by 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 issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective May 10, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 10, 
2021.

ADDRESSES: For the material incorporated by reference (IBR) in this AD, 
contact 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 final rule, any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.

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:

Background

    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 
(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.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2017-19-25, Amendment 39-19055 (82 FR 
44895, September 27, 2017) (AD 2017-19-25). AD 2017-19-25 applied 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 December 17, 2020 (85 FR 81851). The NPRM 
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 NPRM proposed 
to continue to require repetitive inspections and operational checks of 
the affected fuel valves, and corrective actions if necessary, as 
specified in EASA AD 2019-0212. The NPRM also proposed to limit the 
installation of affected parts to those that are maintained in 
accordance with certain instructions, as specified in EASA AD 2019-
0212.
    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. See the MCAI for additional 
background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA received no comments on the NPRM or 
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
and the public interest require adopting this final rule as proposed, 
except for minor editorial changes. The FAA has determined that these 
minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

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.

Costs of Compliance

    The FAA estimates that this AD affects 8 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this 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 
required inspection. The FAA has no way of determining the number of 
aircraft that might need these replacements:

[[Page 17501]]



                                    Estimated Costs of On-Condition Actions *
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                                                                                      Cost per       Cost on U.S.
                           Labor cost                               Parts cost        product         operators
------------------------------------------------------------------------------------------------- -----------------
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 on-condition reporting requirement in this 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 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 OMB 
Control Number for this information collection is 2120-0056. Public 
reporting for this collection of information is estimated to take 
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. 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.

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

    This AD will not have federalism implications under Executive Order 
13132. This AD will 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 that this AD:
    (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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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:

2021-06-08 Airbus Defense and Space S.A. (Formerly known as 
Construcciones Aeronauticas, S.A.): Amendment 39-21475; Docket No. 
FAA-2020-1134; Project Identifier MCAI-2020-01053-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 10, 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

[[Page 17502]]

``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) 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). 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

    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].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on 
May 10, 2021.
    (i) European Union Aviation Safety Agency (EASA) AD 2019-0212, 
dated August 27, 2019.
    (ii) [Reserved]
    (4) For EASA AD 2019-0212, contact 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.
    (5) 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.
    (6) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 10, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-06910 Filed 4-2-21; 8:45 am]
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