[Federal Register Volume 83, Number 172 (Wednesday, September 5, 2018)]
[Rules and Regulations]
[Pages 45041-45044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18999]



[[Page 45041]]

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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; Amendment 
39-19388; AD 2018-18-09]
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: We are adopting 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 AD was 
prompted by a report that cracks were found on the stabilizer-to-
fuselage rear attachment fitting. This AD requires 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 issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective October 10, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 10, 
2018.

ADDRESSES: For service information identified in this final rule, 
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. It is also 
available on the internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2018-0416.

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 Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations (phone: 800-647-
5527) 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, International Section, Transport Standards Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3220.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (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 certain Model C-295 airplanes. The NPRM published in the 
Federal Register on May 25, 2018 (83 FR 24236). The NPRM was prompted 
by a report that cracks were found on the stabilizer-to-fuselage rear 
attachment fitting. The NPRM proposed to 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 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.
    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 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.

Comments

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

Conclusion

    We 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. We have 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

    Airbus Defence 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.

Costs of Compliance

    We estimate that this AD affects 14 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

[[Page 45042]]



                                                 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 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 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 products identified in this 
rulemaking action.
    This 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 and 
associated appliances to the Director of the System Oversight Division.

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) 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.

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 adding the following new airworthiness 
directive (AD):

2018-18-09 Airbus Defense and Space S.A. (Formerly Known as 
Construcciones Aeronauticas, S.A.): Amendment 39-19388; Docket No. 
FAA-2018-0416; Product Identifier 2017-NM-164-AD.

(a) Effective Date

    This AD is effective October 10, 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

[[Page 45043]]

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] TR05SE18.000

[GRAPHIC] [TIFF OMITTED] TR05SE18.001

(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 the 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

[[Page 45044]]

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 EASA 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.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (n)(3) and (n)(4) of this AD.

(n) 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.
    (i) Airbus Defence and Space Alert Operators Transmission AOT-
CN235-55-0004, Revision 1, dated October 24, 2016.
    (ii) Airbus Defence and Space Alert Operators Transmission AOT-
C295-55-0005, Revision 1, dated October 24, 2016.
    (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].
    (4) 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on August 23, 2018.
James Cashdollar,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-18999 Filed 9-4-18; 8:45 am]
 BILLING CODE 4910-13-P


