83 FR 50539 - Airworthiness Directives; Airbus Defense and Space S.A. (Formerly Known as Construcciones Aeronauticas, S.A.) Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 195 (October 9, 2018)

Page Range		50539-50542
FR Document		2018-21608
We propose to adopt a new airworthiness directive (AD) for certain Airbus Defense and Space S.A. Model CN-235, CN-235-200 and CN- 235-300 airplanes. This proposed AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This proposed AD would require revising the maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. We are proposing this AD to address the unsafe condition on these products.
Federal Register, Volume 83 Issue 195 (Tuesday, October 9, 2018)
[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Proposed Rules]
[Pages 50539-50542]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21608]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0805; Product Identifier 2018-NM-103-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 
certain Airbus Defense and Space S.A. Model CN-235, CN-235-200 and CN-
235-300 airplanes. This proposed AD was prompted by a determination 
that new or more restrictive airworthiness limitations are necessary. 
This proposed AD would require revising the maintenance or inspection 
program, as applicable, to incorporate new or more restrictive 
airworthiness limitations. We are proposing this AD to address the 
unsafe condition on these products.

DATES: We must receive comments on this proposed AD by November 23, 
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.

[[Page 50540]]

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-
0805; 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, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations (phone: 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-2018-0805; 
Product Identifier 2018-NM-103-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 because 
of 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 
2018-0134, dated June 25, 2018 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition for certain Airbus Defense and Space S.A. Model CN-
235, CN-235-200, and CN-235-300 airplanes. The MCAI states:

    The airworthiness limitations and/or certification maintenance 
instructions for the EADS-CASA CN-235 aeroplanes, which are approved 
by EASA, are currently defined and published in the Airbus D&S CN-
235 ALL [Airworthiness Limitations List] DT-86-3001 document. These 
instructions have been identified as mandatory for continued 
airworthiness.
    Failure to accomplish these instructions could result in an 
unsafe condition [i.e., fatigue cracking, damage, and corrosion in 
principal structural elements, which could result in reduced 
structural integrity of the airplane].
    For the reason described above, this [EASA] AD requires 
accomplishment of the actions specified in the ALL.

    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-
0805.

Related Service Information Under 1 CFR Part 51

    Airbus Defence and Space has issued CN-235 Airworthiness 
Limitations List, DT-86-3001, Issue R, dated March 20, 2018. This 
service information describes airworthiness limitations for airplane 
systems, structural inspections, safe life structural items, and safe 
life system items. 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

    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 the relevant information and determined the unsafe 
condition described previously is likely to exist or develop on other 
products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require revising the maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections). 
Compliance with these actions is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an alternative method of compliance according to paragraph 
(i)(1) of this proposed AD.

Differences Between This Proposed AD and the MCAI or Service 
Information

    The MCAI specifies that if there are findings from the 
airworthiness limitations section (ALS) inspection tasks, corrective 
actions must be accomplished in accordance with Airbus maintenance 
documentation. However, this proposed AD does not include that 
requirement. Operators of U.S.-registered airplanes are required by 
general airworthiness and operational regulations to perform 
maintenance using methods that are acceptable to the FAA. We consider 
those methods to be adequate to address any corrective actions 
necessitated by the findings of ALS inspections required by this 
proposed AD.

Airworthiness Limitations Based on Type Design

    The FAA recently became aware of an issue related to the 
applicability of ADs that require incorporation of an ALS revision into 
an operator's maintenance or inspection program.
    Typically, when these types of ADs are issued by civil aviation 
authorities of other countries, they apply to all airplanes covered 
under an identified type certificate (TC). The corresponding FAA AD 
typically retains applicability to all of those airplanes.
    In addition, U.S. operators must operate their airplanes in an 
airworthy condition, in accordance with 14 CFR 91.7(a). Included in 
this obligation is the requirement to perform any maintenance or 
inspections specified in the ALS, and in accordance with the ALS as 
specified in 14 CFR 43.16 and 91.403(c), unless an alternative has been 
approved by the FAA.
    When a type certificate is issued for a type design, the specific 
ALS, including revisions, is a part of that type design, as specified 
in 14 CFR 21.31(c).
    The sum effect of these operational and maintenance requirements is 
an obligation to comply with the ALS defined in the type design 
referenced in the manufacturer's conformity statement. This obligation 
may introduce a conflict with an AD that requires a specific ALS 
revision if new airplanes are delivered with a later revision as part 
of their type design.
    To address this conflict, the FAA has approved alternative methods 
of compliance (AMOCs) that allow operators to incorporate the most 
recent ALS revision into their maintenance/inspection programs, in lieu 
of the ALS revision required by the AD. This eliminates the conflict 
and enables the operator to comply with both the AD and the type 
design.

[[Page 50541]]

    However, compliance with AMOCs is normally optional, and we 
recently became aware that some operators choose to retain the AD-
mandated ALS revision in their fleet-wide maintenance/inspection 
programs, including those for new airplanes delivered with later ALS 
revisions, to help standardize the maintenance of the fleet. To ensure 
that operators comply with the applicable ALS revision for newly 
delivered airplanes containing a later revision than that specified in 
an AD, we plan to limit the applicability of ADs that mandate ALS 
revisions to those airplanes that are subject to an earlier revision of 
the ALS, either as part of the type design or as mandated by an earlier 
AD.
    This proposed AD therefore would apply to Model CN-235, CN-235-200 
and CN-235-300 airplanes with an original certificate of airworthiness 
or original export certificate of airworthiness that was issued on or 
before the date of the ALS revision identified in this proposed AD. 
Operators of airplanes with an original certificate of airworthiness or 
original export certificate of airworthiness issued after that date 
must comply with the airworthiness limitations specified as part of the 
approved type design and referenced on the type certificate data sheet.

Costs of Compliance

    We estimate that this proposed AD affects 9 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:
    We have determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although we 
recognize that this number may vary from operator to operator. In the 
past, we have estimated that this action takes 1 work-hour per 
airplane. Since operators incorporate maintenance or inspection program 
changes for their affected fleet(s), we have determined that a per-
operator estimate is more accurate than a per-airplane estimate. 
Therefore, we estimate the total cost per operator to be $7,650 (90 
work-hours x $85 per work-hour)

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.

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-2018-0805; Product Identifier 
2018-NM-103-AD.

(a) Comments Due Date

    We must receive comments by November 23, 2018.

(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-235-200, and 
CN-235-300 airplanes, all manufacturer serial numbers, certificated 
in any category, with an original certificate of airworthiness or 
original export certificate of airworthiness issued on or before 
March 20, 2018. This AD does not apply to Model CN-235-300 airplanes 
in a Maritime Patrol (SM01) configuration.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. We are issuing 
this AD to address fatigue cracking, damage, and corrosion in 
principal structural elements; such fatigue cracking, damage, and 
corrosion could result in reduced structural integrity of the 
airplane.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, to incorporate the 
information specified in Airbus Defence and Space CN-235 
Airworthiness Limitations List, DT-86-3001, Issue R, dated March 20, 
2018. The initial compliance times for doing the tasks are at the 
applicable times specified in Airbus Defence and Space CN-235 
Airworthiness Limitations List, DT-86-3001, Issue R, dated March 20, 
2018, or within 90 days after the effective date of this AD, 
whichever occurs later.

(h) No Alternative Actions or Intervals

    After accomplishment of the revision required by paragraph (g) 
of this AD, no alternative actions (e.g., inspections) or intervals, 
may be used unless the actions or intervals are approved as an 
alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (i)(1) of this AD.

[[Page 50542]]

(i) 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 (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 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 European Aviation 
Safety Agency (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.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2018-0134, dated June 25, 2018, 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-2018-0805.
    (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) For service information identified in this AD, 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 September 19, 2018.
John P. Piccola,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-21608 Filed 10-5-18; 8:45 am]
 BILLING CODE 4910-13-P
Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Proposed Rules 50539

(c) Applicability (1) Alternative Methods of Compliance DEPARTMENT OF TRANSPORTATION
This AD applies to Dassault Aviation (AMOCs): The Manager, International
Model FALCON 2000, certificated in any Section, Transport Standards Branch, FAA, Federal Aviation Administration
category, manufacturer serial numbers 70 has the authority to approve AMOCs for this
through 231 inclusive. AD, if requested using the procedures found 14 CFR Part 39
(d) Subject in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal [Docket No. FAA–2018–0805; Product
Air Transport Association (ATA) of
inspector or local Flight Standards District Identifier 2018–NM–103–AD]
America Code 24, Electrical power.
Office, as appropriate. If sending information
(e) Reason directly to the International Section, send it
RIN 2120–AA64
This AD was prompted by a report of to the attention of the person identified in
chafing of a wire bundle located at the paragraph (j)(2) of this AD. Information may
bottom of the right hand (RH) electrical
Airworthiness Directives; Airbus
be emailed to: 9-ANM-116-AMOC-
cabinet. We are issuing this AD to address Defense and Space S.A. (Formerly
REQUESTS@faa.gov. Before using any
such chafing, which may cause damage to Known as Construcciones
approved AMOC, notify your appropriate
wires within the bundle, and, if not detected Aeronauticas, S.A.) Airplanes
principal inspector, or lacking a principal
and corrected, could lead to improper
functioning of airplane systems (such as loss inspector, the manager of the local flight AGENCY: Federal Aviation
of wing anti-icing or wing anti-icing standards district office/certificate holding Administration (FAA), DOT.
inoperative indication, loss of normal braking district office. ACTION: Notice of proposed rulemaking
indication, and loss of ‘‘No take-off’’ (2) Contacting the Manufacturer: For any (NPRM).
indication), which could result in reduced requirement in this AD to obtain corrective
control of the airplane. actions from a manufacturer, the action must SUMMARY: We propose to adopt a new
(f) Compliance be accomplished using a method approved airworthiness directive (AD) for certain
by the Manager, International Section, Airbus Defense and Space S.A. Model
Comply with this AD within the
Transport Standards Branch, FAA; or EASA; CN–235, CN–235–200 and CN–235–300
compliance times specified, unless already
done. or Dassault Aviation’s EASA DOA. If airplanes. This proposed AD was
approved by the DOA, the approval must prompted by a determination that new
(g) Inspection include the DOA-authorized signature. or more restrictive airworthiness
Within 25 months after the effective date limitations are necessary. This proposed
of this AD, for airplanes equipped with a (j) Related Information
AD would require revising the
metallic plate at the bottom of the RH (1) Refer to Mandatory Continuing
electrical cabinet, do the following actions as maintenance or inspection program, as
Airworthiness Information (MCAI) EASA AD
specified in paragraphs (g)(1) and (g)(2) of applicable, to incorporate new or more
2018–0114, dated May 23, 2018, for related
this AD. information. This MCAI may be found in the
restrictive airworthiness limitations. We
(1) Perform a general visual inspection of AD docket on the internet at http://
are proposing this AD to address the
the wiring bundle for damage (including
www.regulations.gov by searching for and unsafe condition on these products.
chafing), in accordance with the DATES: We must receive comments on
Accomplishment Instructions of Dassault locating Docket No. FAA–2018–0809.
Aviation Service Bulletin F2000–436, dated (2) For more information about this AD, this proposed AD by November 23,
September 28, 2017. contact Tom Rodriguez, Aerospace Engineer, 2018.
(2) Measure the clearance between the International Section, Transport Standards ADDRESSES: You may send comments,
metallic plate and the wire bundle at the Branch, FAA, 2200 South 216th St., Des using the procedures found in 14 CFR
bottom of the RH electrical cabinet in Moines, WA 98198; telephone and fax 206– 11.43 and 11.45, by any of the following
accordance with the Accomplishment 231–3226.
Instructions of Dassault Aviation Service methods:
(3) For service information identified in • Federal eRulemaking Portal: Go to
Bulletin F2000–436, dated September 28, this AD, contact Dassault Falcon Jet
2017. http://www.regulations.gov. Follow the
Corporation, Teterboro Airport, P.O. Box
instructions for submitting comments.
(h) Corrective Action 2000, South Hackensack, NJ 07606;
• Fax: 202–493–2251.
telephone 201–440–6700; internet http://
(1) If, during the inspection required by • Mail: U.S. Department of
paragraph (g)(1) of this AD, any damage is www.dassaultfalcon.com. You may view this
Transportation, Docket Operations, M–
found, before further flight, replace all service information at the FAA, Transport
damaged wires using a method approved by 30, West Building Ground Floor, Room
Standards Branch, 2200 South 216th St., Des
the Manager, International Section, Transport W12–140, 1200 New Jersey Avenue SE,
Moines, WA. For information on the
Standards Branch, FAA; or the European Washington, DC 20590.
availability of this material at the FAA, call
Aviation Safety Agency (EASA); or Dassault 206–231–3195.
• Hand Delivery: Deliver to Mail
Aviation’s EASA Design Organization address above between 9 a.m. and 5
Approval (DOA). If approved by the DOA, Issued in Des Moines, Washington, on p.m., Monday through Friday, except
the approval must include the DOA- September 26, 2018. Federal holidays.
authorized signature. John P. Piccola, For service information identified in
(2) If, during the measurement as required
by paragraph (g)(2) of this AD, the detected Acting Director, System Oversight Division, this NPRM, contact Airbus Defense and
clearance is less than the criteria as specified Aircraft Certification Service. Space, Services/Engineering support,
in Dassault Aviation Service Bulletin F2000– [FR Doc. 2018–21609 Filed 10–5–18; 8:45 am] Avenida de Aragón 404, 28022 Madrid,
436, dated September 28, 2017, before further Spain; telephone: +34 91 585 55 84; fax:
amozie on DSK3GDR082PROD with PROPOSALS1

BILLING CODE 4910–13–P
flight, modify the metallic plate in +34 91 585 31 27; email:
accordance with the Accomplishment MTA.TechnicalService@airbus.com.
Instructions of Dassault Aviation Service You may view this service information
Bulletin F2000–436, dated September 28, at the FAA, Transport Standards
2017.
Branch, 2200 South 216th St., Des
(i) Other FAA AD Provisions Moines, WA. For information on the
The following provisions also apply to this availability of this material at the FAA,
AD: call 206–231–3195.

VerDate Sep<11>2014 18:49 Oct 05, 2018 Jkt 247001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\09OCP1.SGM 09OCP1
50540 Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Proposed Rules

Examining the AD Docket Failure to accomplish these instructions Differences Between This Proposed AD
could result in an unsafe condition [i.e., and the MCAI or Service Information
You may examine the AD docket on fatigue cracking, damage, and corrosion in
the internet at http:// principal structural elements, which could The MCAI specifies that if there are
www.regulations.gov by searching for result in reduced structural integrity of the findings from the airworthiness
and locating Docket No. FAA–2018– airplane]. limitations section (ALS) inspection
0805; or in person at Docket Operations For the reason described above, this tasks, corrective actions must be
between 9 a.m. and 5 p.m., Monday [EASA] AD requires accomplishment of the accomplished in accordance with
through Friday, except Federal holidays. actions specified in the ALL. Airbus maintenance documentation.
The AD docket contains this NPRM, the You may examine the MCAI in the However, this proposed AD does not
regulatory evaluation, any comments AD docket on the internet at http:// include that requirement. Operators of
received, and other information. The www.regulations.gov by searching for U.S.-registered airplanes are required by
street address for Docket Operations and locating Docket No. FAA–2018– general airworthiness and operational
(phone: 800–647–5527) is in the 0805. regulations to perform maintenance
ADDRESSES section. Comments will be using methods that are acceptable to the
available in the AD docket shortly after Related Service Information Under 1 FAA. We consider those methods to be
receipt. CFR Part 51 adequate to address any corrective
FOR FURTHER INFORMATION CONTACT: Airbus Defence and Space has issued actions necessitated by the findings of
Shahram Daneshmandi, Aerospace CN–235 Airworthiness Limitations List, ALS inspections required by this
Engineer, International Section, DT–86–3001, Issue R, dated March 20, proposed AD.
Transport Standards Branch, FAA, 2200 2018. This service information describes
South 216th St., Des Moines, WA 98198; Airworthiness Limitations Based on
airworthiness limitations for airplane
telephone and fax 206–231–3220. Type Design
systems, structural inspections, safe life
SUPPLEMENTARY INFORMATION: structural items, and safe life system The FAA recently became aware of an
items. This service information is issue related to the applicability of ADs
Comments Invited that require incorporation of an ALS
reasonably available because the
We invite you to send any written interested parties have access to it revision into an operator’s maintenance
relevant data, views, or arguments about through their normal course of business or inspection program.
this proposal. Send your comments to or by the means identified in the Typically, when these types of ADs
an address listed under the ADDRESSES ADDRESSES section. are issued by civil aviation authorities
section. Include ‘‘Docket No. FAA– of other countries, they apply to all
2018–0805; Product Identifier 2018– FAA’s Determination airplanes covered under an identified
NM–103–AD’’ at the beginning of your This product has been approved by type certificate (TC). The corresponding
comments. We specifically invite the aviation authority of another FAA AD typically retains applicability
comments on the overall regulatory, country, and is approved for operation to all of those airplanes.
economic, environmental, and energy in the United States. Pursuant to our In addition, U.S. operators must
aspects of this NPRM. We will consider bilateral agreement with the State of operate their airplanes in an airworthy
all comments received by the closing Design Authority, we have been notified condition, in accordance with 14 CFR
date and may amend this NPRM of the unsafe condition described in the 91.7(a). Included in this obligation is the
because of those comments. MCAI and service information requirement to perform any
We will post all comments we referenced above. We are proposing this maintenance or inspections specified in
receive, without change, to http:// AD because we evaluated all the the ALS, and in accordance with the
www.regulations.gov, including any relevant information and determined ALS as specified in 14 CFR 43.16 and
personal information you provide. We the unsafe condition described 91.403(c), unless an alternative has been
will also post a report summarizing each previously is likely to exist or develop approved by the FAA.
substantive verbal contact we receive on other products of the same type When a type certificate is issued for
about this NPRM. design. a type design, the specific ALS,
Discussion including revisions, is a part of that type
Proposed Requirements of This NPRM design, as specified in 14 CFR 21.31(c).
The European Aviation Safety Agency This proposed AD would require The sum effect of these operational
(EASA), which is the Technical Agent revising the maintenance or inspection and maintenance requirements is an
for the Member States of the European program, as applicable, to incorporate obligation to comply with the ALS
Union, has issued EASA AD 2018–0134, new or more restrictive airworthiness defined in the type design referenced in
dated June 25, 2018 (referred to after limitations. the manufacturer’s conformity
this as the Mandatory Continuing This proposed AD would require statement. This obligation may
Airworthiness Information, or ‘‘the revisions to certain operator introduce a conflict with an AD that
MCAI’’), to correct an unsafe condition maintenance documents to include new requires a specific ALS revision if new
for certain Airbus Defense and Space actions (e.g., inspections). Compliance airplanes are delivered with a later
S.A. Model CN–235, CN–235–200, and with these actions is required by 14 CFR revision as part of their type design.
CN–235–300 airplanes. The MCAI 91.403(c). For airplanes that have been To address this conflict, the FAA has
states: previously modified, altered, or repaired approved alternative methods of
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The airworthiness limitations and/or in the areas addressed by this proposed compliance (AMOCs) that allow
certification maintenance instructions for the AD, the operator may not be able to operators to incorporate the most recent
EADS–CASA CN–235 aeroplanes, which are accomplish the actions described in the ALS revision into their maintenance/
approved by EASA, are currently defined and revisions. In this situation, to comply inspection programs, in lieu of the ALS
published in the Airbus D&S CN–235 ALL
[Airworthiness Limitations List] DT–86–3001 with 14 CFR 91.403(c), the operator revision required by the AD. This
document. These instructions have been must request approval for an alternative eliminates the conflict and enables the
identified as mandatory for continued method of compliance according to operator to comply with both the AD
airworthiness. paragraph (i)(1) of this proposed AD. and the type design.

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Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Proposed Rules 50541

However, compliance with AMOCs is Part A, Subpart III, Section 44701: Authority: 49 U.S.C. 106(g), 40113, 44701.
normally optional, and we recently ‘‘General requirements.’’ Under that
§ 39.13 [Amended]
became aware that some operators section, Congress charges the FAA with
choose to retain the AD-mandated ALS promoting safe flight of civil aircraft in ■ 2. The FAA amends § 39.13 by adding
revision in their fleet-wide air commerce by prescribing regulations the following new airworthiness
maintenance/inspection programs, for practices, methods, and procedures directive (AD):
including those for new airplanes the Administrator finds necessary for Airbus Defense and Space S.A. (Formerly
delivered with later ALS revisions, to safety in air commerce. This regulation Known as Construcciones Aeronauticas,
help standardize the maintenance of the is within the scope of that authority S.A.): Docket No. FAA–2018–0805;
fleet. To ensure that operators comply because it addresses an unsafe condition Product Identifier 2018–NM–103–AD.
with the applicable ALS revision for that is likely to exist or develop on (a) Comments Due Date
newly delivered airplanes containing a products identified in this rulemaking We must receive comments by November
later revision than that specified in an action. 23, 2018.
AD, we plan to limit the applicability of This proposed AD is issued in
(b) Affected ADs
ADs that mandate ALS revisions to accordance with authority delegated by
those airplanes that are subject to an the Executive Director, Aircraft None.
earlier revision of the ALS, either as part Certification Service, as authorized by (c) Applicability
of the type design or as mandated by an FAA Order 8000.51C. In accordance This AD applies to Airbus Defense and
earlier AD. with that order, issuance of ADs is Space S.A. (formerly known as
This proposed AD therefore would normally a function of the Compliance Construcciones Aeronauticas, S.A.) Model
apply to Model CN–235, CN–235–200 and Airworthiness Division, but during CN–235, CN–235–200, and CN–235–300
and CN–235–300 airplanes with an this transition period, the Executive airplanes, all manufacturer serial numbers,
original certificate of airworthiness or Director has delegated the authority to certificated in any category, with an original
original export certificate of issue ADs applicable to transport certificate of airworthiness or original export
airworthiness that was issued on or category airplanes to the Director of the certificate of airworthiness issued on or
before the date of the ALS revision before March 20, 2018. This AD does not
System Oversight Division. apply to Model CN–235–300 airplanes in a
identified in this proposed AD.
Regulatory Findings Maritime Patrol (SM01) configuration.
Operators of airplanes with an original
certificate of airworthiness or original We determined that this proposed AD (d) Subject
export certificate of airworthiness would not have federalism implications Air Transport Association (ATA) of
issued after that date must comply with under Executive Order 13132. This America Code 05, Time Limits/Maintenance
the airworthiness limitations specified proposed AD would not have a Checks.
as part of the approved type design and substantial direct effect on the States, on (e) Reason
referenced on the type certificate data the relationship between the national This AD was prompted by a determination
sheet. Government and the States, or on the that new or more restrictive airworthiness
Costs of Compliance distribution of power and limitations are necessary. We are issuing this
responsibilities among the various AD to address fatigue cracking, damage, and
We estimate that this proposed AD levels of government. corrosion in principal structural elements;
affects 9 airplanes of U.S. registry. For the reasons discussed above, I such fatigue cracking, damage, and corrosion
We estimate the following costs to certify this proposed regulation: could result in reduced structural integrity of
comply with this proposed AD: 1. Is not a ‘‘significant regulatory the airplane.
We have determined that revising the action’’ under Executive Order 12866; (f) Compliance
maintenance or inspection program 2. Is not a ‘‘significant rule’’ under the
takes an average of 90 work-hours per Comply with this AD within the
DOT Regulatory Policies and Procedures compliance times specified, unless already
operator, although we recognize that (44 FR 11034, February 26, 1979); done.
this number may vary from operator to 3. Will not affect intrastate aviation in
operator. In the past, we have estimated (g) Maintenance or Inspection Program
Alaska; and
that this action takes 1 work-hour per Revision
4. Will not have a significant
airplane. Since operators incorporate economic impact, positive or negative, Within 90 days after the effective date of
maintenance or inspection program this AD, revise the maintenance or inspection
on a substantial number of small entities
changes for their affected fleet(s), we program, as applicable, to incorporate the
under the criteria of the Regulatory information specified in Airbus Defence and
have determined that a per-operator Flexibility Act.
estimate is more accurate than a per- Space CN–235 Airworthiness Limitations
List of Subjects in 14 CFR Part 39 List, DT–86–3001, Issue R, dated March 20,
airplane estimate. Therefore, we 2018. The initial compliance times for doing
estimate the total cost per operator to be Air transportation, Aircraft, Aviation the tasks are at the applicable times specified
$7,650 (90 work-hours × $85 per work- safety, Incorporation by reference, in Airbus Defence and Space CN–235
hour) Safety. Airworthiness Limitations List, DT–86–3001,
Issue R, dated March 20, 2018, or within 90
Authority for This Rulemaking The Proposed Amendment days after the effective date of this AD,
Title 49 of the United States Code Accordingly, under the authority whichever occurs later.
specifies the FAA’s authority to issue delegated to me by the Administrator,
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(h) No Alternative Actions or Intervals
rules on aviation safety. Subtitle I, the FAA proposes to amend 14 CFR part
section 106, describes the authority of After accomplishment of the revision
39 as follows: required by paragraph (g) of this AD, no
the FAA Administrator. Subtitle VII: alternative actions (e.g., inspections) or
Aviation Programs, describes in more PART 39—AIRWORTHINESS intervals, may be used unless the actions or
detail the scope of the Agency’s DIRECTIVES intervals are approved as an alternative
authority. method of compliance (AMOC) in
We are issuing this rulemaking under ■ 1. The authority citation for part 39 accordance with the procedures specified in
the authority described in Subtitle VII, continues to read as follows: paragraph (i)(1) of this AD.

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Document Created: 2018-10-06 00:58:42
Document Modified: 2018-10-06 00:58:42
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking (NPRM).
Dates		We must receive comments on this proposed AD by November 23, 2018.
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.
FR Citation		83 FR 50539
RIN Number		2120-AA64
CFR Associated		Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety
83 FR 50539 - Airworthiness Directives; Airbus Defense and Space S.A. (Formerly Known as Construcciones Aeronauticas, S.A.) Airplanes

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 83, Issue 195 (October 9, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
