[Federal Register Volume 83, Number 102 (Friday, May 25, 2018)]
[Proposed Rules]
[Pages 24236-24240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11142]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0416; Product Identifier 2017-NM-164-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 certain Model C-295 airplanes. This proposed 
AD was prompted by a report that cracks were found on the stabilizer-
to-fuselage rear attachment fitting. This proposed AD would require a 
detailed inspection of the upper and lower lugs of each horizontal 
stabilizer-to-fuselage rear attachment fitting, repair if necessary, 
and a report of findings. We are proposing this AD to address the 
unsafe condition on these products.

DATES: We must receive comments on this proposed AD by July 9, 2018.

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; telephone +34 91 585 55 84; fax 
+34 91 585 31 27; email [email protected]. You may view 
this service information at the FAA, Transport Standards Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability of 
this material at the FAA, call 206-231-3195.

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-2018-
0416; 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 NPRM, 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 Section, Transport Standards Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3220.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite 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-2018-0416; 
Product Identifier 2017-NM-164-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this NPRM. We will consider all 
comments received by the closing date and may amend this NPRM 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 NPRM.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2017-0218, dated November 8, 2017 (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

[[Page 24237]]

certain Model C-295 airplanes. The MCAI states:

    Cracks were reportedly found on the stabilizer-to-fuselage rear 
attachment fitting of a CN-235 aeroplane. Subsequent investigation 
determined that the affected horizontal attachment fitting was a 
reworked part.
    This condition, if not detected and corrected, could lead to 
reduced structural integrity of lugs of the stabilizer-to-fuselage 
rear attachment fittings and consequent lug or fitting failure, 
possibly resulting in reduced control of the aeroplane.
    To address this potentially unsafe condition, Airbus Defence and 
Space (D&S) issued Alert Operators Transmission (AOT) AOT-C295-55-
0005 and AOT-CN235-55-0004 to provide inspection instructions.
    For the reasons described above, this [EASA] AD requires a one-
time detailed inspection (DET) of the upper and lower lugs of the 
horizontal stabilizer-to-fuselage rear attachment fittings on the 
left hand (LH) and right hand (RH) sides and, depending on findings, 
accomplishment of applicable corrective action(s) [repairs]. This 
[EASA] AD also requires reporting of all findings, including none.

    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-2018-
0416.

Related Service Information Under 1 CFR Part 51

    Airbus Defense and Space S.A. has issued Alert Operators 
Transmission (AOT) AOT-CN235-55-0004, Revision 1, dated October 24, 
2016; and AOT AOT-C295-55-0005, Revision 1, dated October 24, 2016. 
This service information describes a detailed inspection of the upper 
and lower lugs of each horizontal stabilizer-to-fuselage rear 
attachment fitting (left- and right-hand sides), repair if necessary, 
and sending inspection results to the manufacturer. 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 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............................  8 work-hours x $85 per                $0            $680          $9,520
                                         hour = $680.
Reporting.............................  1 work-hour x $85 per                  0              85           1,190
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repair 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 this 
repair:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Repair.....................................  15 work-hours x $85 per hour =                   $0          $1,275
                                              $1,275.
----------------------------------------------------------------------------------------------------------------

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 NPRM is 2120-
0056. The paperwork cost associated with this NPRM 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 NPRM 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.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes to the Director of the System Oversight 
Division.

[[Page 24238]]

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-2018-0416; Product Identifier 
2017-NM-164-AD.

(a) Comments Due Date

    We must receive comments by July 9, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Defense and Space S.A. Model 
airplanes, certificated in any category, specified in paragraphs 
(c)(1) and (c)(2) of this AD.
    (1) Model CN-235, CN-235-100, CN-235-200, and CN-235-300 
airplanes, all manufacturer serial numbers (MSN).
    (2) Model C-295 airplanes, MSN 001 through 148 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 55, Horizontal 
stabilizer.

(e) Reason

    This AD was prompted by a report that cracks were found on the 
stabilizer-to-fuselage rear attachment fitting. We are issuing this 
AD to address such cracking, which could lead to reduced structural 
integrity of the lugs on the stabilizer-to-fuselage rear attachment 
fittings and consequent lug or fitting failure, and could result in 
reduced controllability of the airplane.

(f) Compliance

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

(g) Inspection

    Within the compliance times specified in figure 1 or figure 2 to 
paragraph (g) of this AD, as applicable, accomplish a detailed 
inspection for cracks or rework of the upper and lower lugs of each 
horizontal stabilizer-to-fuselage rear attachment fitting (left- and 
right-hand sides), in accordance with the instructions of Airbus 
Defence and Space Alert Operators Transmission (AOT) AOT-CN235-55-
0004, Revision 1, dated October 24, 2016; or Airbus Defence and 
Space AOT AOT-C295-55-0005, Revision 1, dated October 24, 2016; as 
applicable.
[GRAPHIC] [TIFF OMITTED] TP25MY18.001


[[Page 24239]]


[GRAPHIC] [TIFF OMITTED] TP25MY18.002

(h) Corrective Action

    If, during the detailed inspection required by paragraph (g) of 
this AD, any discrepancy (i.e., cracking or rework) is detected, as 
specified in Airbus Defence and Space AOT AOT-CN235-55-0004, 
Revision 1, dated October 24, 2016; or Airbus Defence and Space AOT 
AOT-C295-55-0005, Revision 1, dated October 24, 2016; as applicable: 
Before further flight, contact the Manager, International Section, 
Transport Standards Branch, FAA; or the European Aviation Safety 
Agency (EASA); or Airbus Defense and Space S.A.'s EASA Design 
Organization Approval (DOA), for approved repair instructions. If 
approved by the DOA, the approval must include the DOA-authorized 
signature. Accomplish the repair accordingly within the compliance 
time specified in those instructions, including any repetitive post-
repair inspections, if applicable.

(i) Reporting Requirement

    Submit a one-time report of the findings (both positive and 
negative) of the inspection required by paragraph (g) of this AD to 
Airbus Defense and Space S.A., in accordance with Airbus Defence and 
Space AOT AOT-CN235-55-0004, Revision 1, dated October 24, 2016; or 
Airbus Defence and Space AOT AOT-C295-55-0005, Revision 1, dated 
October 24, 2016; as applicable; at the applicable time specified in 
paragraph (i)(1) or (i)(2) of this AD.
    (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.

(j) Parts Installation Limitations

    As of the effective date of this AD, no person may install, on 
any airplane, a horizontal stabilizer-to-fuselage rear attachment 
fitting, unless the part is new or it has been inspected in 
accordance with instructions of Airbus Defence and Space AOT AOT-
CN235-55-0004, Revision 1, dated October 24, 2016; or Airbus Defence 
and Space AOT AOT-C295-55-0005, Revision 1, dated October 24, 2016; 
as applicable; and no discrepancy was found. Before installation of 
the horizontal stabilizer-to-fuselage rear attachment fitting, 
contact the Manager, International Section, Transport Standards 
Branch, FAA; or the EASA; or Airbus Defense and Space S.A.'s EASA 
DOA, for approved instructions and do those instructions 
accordingly. If approved by the DOA, the approval must include the 
DOA-authorized signature.

(k) Credit for Previous Actions

    This paragraph provides credit for actions required by 
paragraphs (g), (h), and (i) of this AD, if those actions were 
performed before the effective date of this AD using Airbus Defence 
and Space AOT AOT-CN235-55-0004, dated December 22, 2015; or Airbus 
Defence and Space AOT AOT-C295-55-0005, December 22, 2015; as 
applicable.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards 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 local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Section, send it to the attention of 
the person identified in paragraph (m)(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 
Section, Transport Standards Branch, FAA; or the EASA; or Airbus 
Defense and Space S.A.'s 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, 
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.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2017-0218, dated November 8, 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-2018-0416.
    (2) For more information about this AD, contact Shahram 
Daneshmandi, Aerospace Engineer, International Section, Transport 
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3220.

[[Page 24240]]

    (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]. You may 
view this service information at the FAA, Transport Standards 
Branch, 2200 South 216th St., Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195.

    Issued in Des Moines, Washington, on May 11, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-11142 Filed 5-24-18; 8:45 am]
 BILLING CODE 4910-13-P


