Airworthiness Directives; Airbus Defense and Space S.A. (Formerly Known as Construcciones Aeronauticas, S.A.) Airplanes, 28274-28277 [2017-12630]
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28274
Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Proposed Rules
Transport Airplane Directorate, FAA, 1601
Lind Avenue SW., Renton, WA 98057–3356;
telephone: 425–227–1112; fax: 425–227–
1149.
(3) For service information identified in
this AD, contact Saab AB, Saab Aeronautics,
¨
SE–581 88, Linkoping, Sweden; telephone
+46 13 18 5591; fax +46 13 18 4874; email
saab340techsupport@saabgroup.com;
Internet https://www.saabgroup.com. You
may view this service information at the
FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
Issued in Renton, Washington, on June 12,
2017.
Dionne Palermo,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2017–12794 Filed 6–20–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2016–9386; Directorate
Identifier 2016–NM–056–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus
Defense and Space S.A. (Formerly
Known as Construcciones
Aeronauticas, S.A.) Airplanes
Examining the AD Docket
Federal Aviation
Administration (FAA), DOT.
ACTION: Supplemental notice of
proposed rulemaking (SNPRM);
reopening of comment period.
AGENCY:
We are revising an earlier
proposal 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.
This action revises the notice of
proposed rulemaking (NPRM) by
reducing a certain compliance time,
adding repetitive inspections and
operational checks of the affected fuel
valves, and providing corrective action
if necessary. We are proposing this
airworthiness directive (AD) to address
the unsafe condition on these products.
Since these actions impose an
additional burden over those proposed
in the NPRM we are reopening the
comment period to allow the public the
chance to comment on these changes.
DATES: The comment period for the
NPRM published in the Federal
Register on November 25, 2016 (81 FR
85169), is reopened.
We must receive comments on this
SNPRM by August 7, 2017.
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
SUMMARY:
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You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this SNPRM, contact Airbus Defense
and Space Services/Engineering
´
Support, Avenida de Aragon 404, 28022
Madrid, Spain; telephone +34 91 585 55
84; fax +34 91 585 31 27; email
MTA.TechnicalService@airbus.com.;
Internet https://www.eads.net. You may
view this referenced service information
at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the
availability of this material at the FAA,
call 425–227–1221.
ADDRESSES:
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2016–
9386; 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 proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket 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 Branch, ANM–
116, Transport Airplane Directorate,
FAA, 1601 Lind Avenue SW., Renton,
WA 98057–3356; telephone 425–227–
1112; fax 425–227–1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2016–9386; Directorate Identifier
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
2016–NM–056–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD based on those comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
We issued an 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 Model C–295 airplanes. The NPRM
published in the Federal Register on
November 25, 2016 (81 FR 85169). The
NPRM was prompted by leakage of a
motorized cross-feed fuel valve. The
NPRM proposed to require an
inspection of the affected fuel valves
and, depending on findings, applicable
corrective actions.
Actions Since the NPRM Was Issued
Since we issued the NPRM, an
additional report of a fuel leak in a
motorized cross-feed valve has resulted
in the need for a change to the
compliance time for the initial
inspection, the addition of repetitive
inspections and operational checks, and
corrective action if necessary.
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union, has issued AD 2017–0004, dated
January 9, 2017, (referred to after this as
the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
on 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 MCAI
states:
Leakage of a motorised cross-feed fuel
valve Part Number (P/N) 7923227F was
reported on a CN–235–100M aeroplane. The
leakage was observed through the valve
electrical connectors and detected during
accomplishment of a functional check in
accordance with task 28.007 of the CN–235
Maintenance Review Board Report (MRB
CN–235–PV01). Identical motorised fuel
valves are installed on civilian CN–235 and
C–295 aeroplanes, as cross-feed, shut-off and
defueling valves.
This condition, if not detected and
corrected, could lead to failure of a motorised
fuel valve and consequent improper
functioning of the fuel system or, in case of
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Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Proposed Rules
an ignition source, could lead to a fire,
possibly resulting in damage to the aeroplane
and injury to occupants.
To address this potentially unsafe
condition, Airbus Defence & Space (D&S)
issued Alert Operators Transmission (AOT)–
CN235–28–0001 and AOT–C295–28–0001 to
provide inspection instructions.
Consequently, EASA issued AD 2016–0071
to require a one-time inspection of the
affected motorised fuel valves and,
depending on findings, accomplishment of
applicable corrective action(s).
Since that [EASA] AD was issued, new
occurrences of fuel leakage involving the
affected motorised fuel valves were reported
and Airbus D&S issued Revision 1 of AOT–
CN235–28–0001 and Revision 1 of AOT–
C295–28–0001 to introduce repetitive
inspections and operational checks of the
affected motorised fuel valves.
For the reasons described above, this
[EASA] AD retains the requirements of EASA
AD 2016–0071, which is superseded, and
introduces repetitive inspections and
operational checks [and corrective action, if
necessary] of the affected fuel valves.
Comments
You may examine the MCAI in the
AD docket on the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2016–
9386.
We gave the public the opportunity to
participate in developing this proposed
AD. We received no comments on the
NPRM or on the determination of the
cost to the public.
28275
Related Service Information Under 1
CFR Part 51
FAA’s Determination and Requirements
of This SNPRM
Airbus Defense and Space S.A. has
issued Alert Operators Transmission
(AOT) AOT–CN235–28–0001, Revision
1, dated September 27, 2016; and AOT
AOT–C295–28–0001, Revision 1, dated
September 27, 2016. The service
information describes procedures for
repetitive inspections, replacement of
the motorized fuel valves, and
performing operational checks and
corrective actions on affected motorized
fuel valves. 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.
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.
Certain changes described above
expand the scope of the NPRM. As a
result, we have determined that it is
necessary to reopen the comment period
to provide additional opportunity for
the public to comment on this SNPRM.
Costs of Compliance
We estimate that this SNPRM affects
14 airplanes of U.S. registry.
We estimate the following costs to
comply with this proposed AD:
ESTIMATED COSTS
Action
Labor cost
Inspection and operational check ...................
Reporting .........................................................
3 work-hours × $85 per hour = $255 .............
1 work-hour × $85 per hour = $85 .................
We estimate the following costs to do
any necessary replacements that would
Cost per
product
Parts cost
be required based on the results of the
proposed inspection. We have no way of
$0
0
$255
85
Cost on
U.S. operators
$3,570
1,190
determining the number of aircraft that
might need these actions:
ON-CONDITION COSTS
Action
Labor cost
Replacement .................................................................
5 work-hours × $85 per hour = $425 ...........................
We have received no definitive data
that would enable us to provide cost
estimates for the on-condition corrective
actions for the operational check
specified in this proposed AD.
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
Paperwork Reduction Act
A federal agency may not conduct or
sponsor, and a person is not required to
respond to, nor shall a person be subject
to penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information displays a current valid
OMB control number. The control
number for the collection of information
required by this proposed AD is 2120–
0056. The paperwork cost associated
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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,
PO 00000
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Parts cost
$38,448
Cost per
product
$38,873
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
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Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Proposed Rules
products identified in this rulemaking
action.
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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 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–2016–9386;
Directorate Identifier 2016–NM–056–AD.
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
(a) Comments Due Date
We must receive comments by August 7,
2017.
(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–235–100, CN–235–200, and
CN–235–300 airplanes; and Model C–295
airplanes; certificated in any category, all
manufacturer serial numbers.
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(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, which was
detected during accomplishment of a
functional check. We are issuing this AD to
detect and correct leaks in a motorized crossfeed 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) Inspection of Motorized Fuel Valves
Within the applicable compliance time
defined in paragraph (g)(1) or (g)(2) of this
AD: Do an initial general visual inspection of
each motorized cross-feed fuel valve having
part number (P/N) 7923227F for the presence
of fuel on the electrical connectors and inside
the receptacles, in accordance with the
instructions of Airbus Defense and Space
Alert Operators Transmission (AOT) AOT–
CN235–28–0001, Revision 1, or Airbus
Defense and Space AOT AOT–C295–28–
0001, Revision 1, both dated September 27,
2016, as applicable. Repeat the inspection
thereafter at intervals not to exceed 300 flight
hours.
(1) For airplanes that, as of the effective
date of this AD, have accumulated 6,000
flight cycles or more since first flight of the
airplane: Do the inspection within 30 flight
cycles or 30 days after the effective date of
this AD, whichever occurs first.
(2) For airplanes that, as of the effective
date of this AD, have accumulated less than
6,000 flight cycles since first flight of the
airplane: Do the inspection within 300 flight
hours or 30 days after the effective date of
this AD, whichever occurs later.
(h) Replacement of Affected Parts
If, during the inspection required by
paragraph (g) of this AD, any leaking of a
motorized cross-feed fuel valve having P/N
7923227F is detected: Before the next flight,
replace the affected fuel valve with a
serviceable part, in accordance with the
instructions of Airbus Defense and Space
AOT AOT–CN235–28–0001, Revision 1, or
Airbus Defense and Space AOT AOT–C295–
28–0001, Revision 1, both dated September
27, 2016, as applicable. A serviceable part is
defined as a part that is not defective; it
could be a used or new part. Replacement of
a motorized fuel valve on an airplane does
not constitute terminating action for the
repetitive inspections required by paragraph
(g) of this AD for that airplane.
(i) Operational Check
Within 12 months after the effective date
of this AD, and thereafter at intervals not to
exceed 12 months, accomplish an operational
check of each motorized fuel valve P/N
7923227F, in accordance with the
instructions of Airbus Defense and Space
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AOT AOT–CN235–28–0001, Revision 1, or
Airbus Defense and Space AOT AOT–C295–
28–0001, Revision 1, both dated September
27, 2016, as applicable.
(j) Corrective Action
If, during any operational check, as
required by paragraph (i) of this AD, any
discrepancy is detected, as described in
Airbus Defense and Space AOT AOT–
CN235–28–0001, Revision 1, or Airbus
Defense and Space AOT AOT–C295–28–
0001, Revision 1, both dated September 27,
2016, as applicable: Before further flight,
contact the Manager, International Branch,
ANM–116, FAA, Transport Airplane
Directorate; or the European Aviation Safety
Agency (EASA); or Airbus Defense and Space
S.A.’s EASA Design Organization Approval
(DOA) to obtain instructions for corrective
actions, and within the compliance time
indicated in those instructions accomplish
the corrective actions accordingly.
(k) Parts Installation Limitation
As of the effective date of this AD,
replacement of a motorized fuel valve having
P/N 7923227F with a serviceable part on an
airplane is allowed, provided that, within 30
flight cycles or 30 days, whichever occurs
first after installation, the part passes an
inspection done in accordance with the
instructions of Airbus Defense and Space
AOT AOT–CN235–28–0001, Revision 1, or
Airbus Defense and Space AOT AOT–C295–
28–0001, Revision 1, both dated September
27, 2016, as applicable.
(l) Credit for Previous Actions
This paragraph provides credit for actions
required by paragraphs (g) and (h) of this AD,
if those actions were performed before the
effective date of this AD using Airbus
Defense and Space AOT AOT–CN235–28–
0001, or Airbus Defense and Space AOT
AOT–C295–28–0001, both dated February
19, 2016, as applicable.
(m) Reporting Requirement
At the applicable time specified in
paragraph (m)(1) or (m)(2) of this AD, report
all inspection results to Airbus Defense and
Space Technical Assistance Center
(AMTAC); telephone +34 91 600 79 99; email
mta.technicalservice@airbus.com. The report
must include the inspection results, a
description of any discrepancies found,
operator name, the airplane model and serial
number, valve part number and serial
number, and the number of landings and
flight hours on the airplane.
(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.
(n) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, Transport Airplane
Directorate, FAA, has the authority to
approve AMOCs for this AD, if requested
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Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Proposed Rules
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 Branch, send it to send
it to the attention of the person identified in
paragraph (o)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov. 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 Branch, ANM–
116, Transport Airplane Directorate, FAA; or
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) Reporting Requirements: 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 5 minutes 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.
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
(o) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA AD
2017–0004, dated January 9, 2017, for related
information. This MCAI may be found in the
AD docket on the Internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2016–9386.
(2) For more information about this AD,
contact Shahram Daneshmandi, Aerospace
Engineer, International Branch, ANM–116,
Transport Airplane Directorate, FAA, 1601
Lind Avenue SW., Renton, WA 98057–3356;
telephone 425–227–1112; fax 425–227–1149.
(3) For service information identified in
this AD, contact Airbus Defense and Space
Services/Engineering Support, Avenida de
´
Aragon 404, 28022 Madrid, Spain; telephone
+34 91 585 55 84; fax +34 91 585 31 27; email
MTA.TechnicalService@airbus.com.; Internet
https://www.eads.net You may view this
service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the
availability of this material at the FAA, call
425–227–1221.
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Issued in Renton, Washington, on June 12,
2017.
Dionne Palermo,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2017–12630 Filed 6–20–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 11, 312, and 812
[Docket No. FDA–2017–D–1105]
Use of Electronic Records and
Electronic Signatures in Clinical
Investigations Under Part 11—
Questions and Answers; Draft
Guidance for Industry; Availability
AGENCY:
Food and Drug Administration,
HHS.
Proposed rule; notification of
availability.
ACTION:
The Food and Drug
Administration (FDA or Agency) is
announcing the availability of a draft
guidance for industry entitled ‘‘Use of
Electronic Records and Electronic
Signatures in Clinical Investigations
under our regulations—Questions and
Answers.’’ The draft guidance provides
guidance to sponsors, clinical
investigators, institutional review
boards (IRBs), contract research
organizations (CROs), and other
interested parties on the use of
electronic records and electronic
signatures under our regulations in
clinical investigations of medical
products. The draft guidance expands
upon recommendations in the guidance
for industry entitled ‘‘Part 11, Electronic
Records; Electronic Signatures—Scope
and Application’’ issued in August 2003
(referred to as the 2003 part 11
guidance) for recommendations that
pertain to FDA-regulated clinical
investigations conducted under our
regulations.
SUMMARY:
Although you can comment on
any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency
considers your comment on this draft
guidance before it begins work on the
final version of the guidance, submit
either electronic or written comments
on the draft guidance by August 21,
2017.
DATES:
ADDRESSES:
You may submit comments
as follows:
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28277
Electronic Submissions
Submit electronic comments in the
following way:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Comments submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
the docket unchanged. Because your
comment will be made public, you are
solely responsible for ensuring that your
comment does not include any
confidential information that you or a
third party may not wish to be posted,
such as medical information, your or
anyone else’s Social Security number, or
confidential business information, such
as a manufacturing process. Please note
that if you include your name, contact
information, or other information that
identifies you in the body of your
comments, that information will be
posted on https://www.regulations.gov.
• If you want to submit a comment
with confidential information that you
do not wish to be made available to the
public, submit the comment as a
written/paper submission and in the
manner detailed (see ‘‘Written/Paper
Submissions’’ and ‘‘Instructions’’).
Written/Paper Submissions
Submit written/paper submissions as
follows:
• Mail/Hand delivery/Courier (for
written/paper submissions): Dockets
Management Staff (HFA–305), Food and
Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
• For written/paper comments
submitted to the Dockets Management
Staff, FDA will post your comment, as
well as any attachments, except for
information submitted, marked and
identified, as confidential, if submitted
as detailed in ‘‘Instructions.’’
Instructions: All submissions received
must include the Docket No. FDA–
2017–D–1105 for ‘‘Use of Electronic
Records and Electronic Signatures in
Clinical Investigations Under 21 CFR
Part 11—Questions and Answers; Draft
Guidance for Industry; Availability.’’
Received comments will be placed in
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E:\FR\FM\21JNP1.SGM
21JNP1
Agencies
[Federal Register Volume 82, Number 118 (Wednesday, June 21, 2017)]
[Proposed Rules]
[Pages 28274-28277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12630]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2016-9386; Directorate Identifier 2016-NM-056-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: Supplemental notice of proposed rulemaking (SNPRM); reopening
of comment period.
-----------------------------------------------------------------------
SUMMARY: We are revising an earlier proposal 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. This action revises the notice of
proposed rulemaking (NPRM) by reducing a certain compliance time,
adding repetitive inspections and operational checks of the affected
fuel valves, and providing corrective action if necessary. We are
proposing this airworthiness directive (AD) to address the unsafe
condition on these products. Since these actions impose an additional
burden over those proposed in the NPRM we are reopening the comment
period to allow the public the chance to comment on these changes.
DATES: The comment period for the NPRM published in the Federal
Register on November 25, 2016 (81 FR 85169), is reopened.
We must receive comments on this SNPRM by August 7, 2017.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this SNPRM, 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 MTA.TechnicalService@airbus.com.; Internet
https://www.eads.net. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call 425-227-1221.
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-2016-
9386; 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 proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
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 Branch, ANM-116, Transport Airplane
Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356;
telephone 425-227-1112; fax 425-227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-9386;
Directorate Identifier 2016-NM-056-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
We issued an 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 Model C-295 airplanes.
The NPRM published in the Federal Register on November 25, 2016 (81 FR
85169). The NPRM was prompted by leakage of a motorized cross-feed fuel
valve. The NPRM proposed to require an inspection of the affected fuel
valves and, depending on findings, applicable corrective actions.
Actions Since the NPRM Was Issued
Since we issued the NPRM, an additional report of a fuel leak in a
motorized cross-feed valve has resulted in the need for a change to the
compliance time for the initial inspection, the addition of repetitive
inspections and operational checks, and corrective action if necessary.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued AD 2017-
0004, dated January 9, 2017, (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition on 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 MCAI states:
Leakage of a motorised cross-feed fuel valve Part Number (P/N)
7923227F was reported on a CN-235-100M aeroplane. The leakage was
observed through the valve electrical connectors and detected during
accomplishment of a functional check in accordance with task 28.007
of the CN-235 Maintenance Review Board Report (MRB CN-235-PV01).
Identical motorised fuel valves are installed on civilian CN-235 and
C-295 aeroplanes, as cross-feed, shut-off and defueling valves.
This condition, if not detected and corrected, could lead to
failure of a motorised fuel valve and consequent improper
functioning of the fuel system or, in case of
[[Page 28275]]
an ignition source, could lead to a fire, possibly resulting in
damage to the aeroplane and injury to occupants.
To address this potentially unsafe condition, Airbus Defence &
Space (D&S) issued Alert Operators Transmission (AOT)-CN235-28-0001
and AOT-C295-28-0001 to provide inspection instructions.
Consequently, EASA issued AD 2016-0071 to require a one-time
inspection of the affected motorised fuel valves and, depending on
findings, accomplishment of applicable corrective action(s).
Since that [EASA] AD was issued, new occurrences of fuel leakage
involving the affected motorised fuel valves were reported and
Airbus D&S issued Revision 1 of AOT-CN235-28-0001 and Revision 1 of
AOT-C295-28-0001 to introduce repetitive inspections and operational
checks of the affected motorised fuel valves.
For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2016-0071, which is superseded, and
introduces repetitive inspections and operational checks [and
corrective action, if necessary] of the affected fuel valves.
You may examine the MCAI in the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9386.
Related Service Information Under 1 CFR Part 51
Airbus Defense and Space S.A. has issued Alert Operators
Transmission (AOT) AOT-CN235-28-0001, Revision 1, dated September 27,
2016; and AOT AOT-C295-28-0001, Revision 1, dated September 27, 2016.
The service information describes procedures for repetitive
inspections, replacement of the motorized fuel valves, and performing
operational checks and corrective actions on affected motorized fuel
valves. 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.
Comments
We gave the public the opportunity to participate in developing
this proposed AD. We received no comments on the NPRM or on the
determination of the cost to the public.
FAA's Determination and Requirements of This SNPRM
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.
Certain changes described above expand the scope of the NPRM. As a
result, we have determined that it is necessary to reopen the comment
period to provide additional opportunity for the public to comment on
this SNPRM.
Costs of Compliance
We estimate that this SNPRM 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 and operational check...... 3 work-hours x $85 per $0 $255 $3,570
hour = $255.
Reporting............................. 1 work-hour x $85 per 0 85 1,190
hour = $85.
----------------------------------------------------------------------------------------------------------------
We estimate the following costs to do any necessary replacements
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
these actions:
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
----------------------------------------------------------------------------------------------------------------
Replacement................................... 5 work-hours x $85 per hour = $38,448 $38,873
$425.
----------------------------------------------------------------------------------------------------------------
We have received no definitive data that would enable us to provide
cost estimates for the on-condition corrective actions for the
operational check specified in this proposed 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 control
number for the collection of information required by this proposed 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
[[Page 28276]]
products identified in this rulemaking action.
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-2016-9386; Directorate
Identifier 2016-NM-056-AD.
(a) Comments Due Date
We must receive comments by August 7, 2017.
(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-235-100, CN-
235-200, and CN-235-300 airplanes; and Model C-295 airplanes;
certificated in any category, all manufacturer serial numbers.
(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, which was detected during accomplishment of a functional
check. We are issuing this AD to detect and correct leaks in a
motorized cross-feed 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) Inspection of Motorized Fuel Valves
Within the applicable compliance time defined in paragraph
(g)(1) or (g)(2) of this AD: Do an initial general visual inspection
of each motorized cross-feed fuel valve having part number (P/N)
7923227F for the presence of fuel on the electrical connectors and
inside the receptacles, in accordance with the instructions of
Airbus Defense and Space Alert Operators Transmission (AOT) AOT-
CN235-28-0001, Revision 1, or Airbus Defense and Space AOT AOT-C295-
28-0001, Revision 1, both dated September 27, 2016, as applicable.
Repeat the inspection thereafter at intervals not to exceed 300
flight hours.
(1) For airplanes that, as of the effective date of this AD,
have accumulated 6,000 flight cycles or more since first flight of
the airplane: Do the inspection within 30 flight cycles or 30 days
after the effective date of this AD, whichever occurs first.
(2) For airplanes that, as of the effective date of this AD,
have accumulated less than 6,000 flight cycles since first flight of
the airplane: Do the inspection within 300 flight hours or 30 days
after the effective date of this AD, whichever occurs later.
(h) Replacement of Affected Parts
If, during the inspection required by paragraph (g) of this AD,
any leaking of a motorized cross-feed fuel valve having P/N 7923227F
is detected: Before the next flight, replace the affected fuel valve
with a serviceable part, in accordance with the instructions of
Airbus Defense and Space AOT AOT-CN235-28-0001, Revision 1, or
Airbus Defense and Space AOT AOT-C295-28-0001, Revision 1, both
dated September 27, 2016, as applicable. A serviceable part is
defined as a part that is not defective; it could be a used or new
part. Replacement of a motorized fuel valve on an airplane does not
constitute terminating action for the repetitive inspections
required by paragraph (g) of this AD for that airplane.
(i) Operational Check
Within 12 months after the effective date of this AD, and
thereafter at intervals not to exceed 12 months, accomplish an
operational check of each motorized fuel valve P/N 7923227F, in
accordance with the instructions of Airbus Defense and Space AOT
AOT-CN235-28-0001, Revision 1, or Airbus Defense and Space AOT AOT-
C295-28-0001, Revision 1, both dated September 27, 2016, as
applicable.
(j) Corrective Action
If, during any operational check, as required by paragraph (i)
of this AD, any discrepancy is detected, as described in Airbus
Defense and Space AOT AOT-CN235-28-0001, Revision 1, or Airbus
Defense and Space AOT AOT-C295-28-0001, Revision 1, both dated
September 27, 2016, as applicable: Before further flight, contact
the Manager, International Branch, ANM-116, FAA, Transport Airplane
Directorate; or the European Aviation Safety Agency (EASA); or
Airbus Defense and Space S.A.'s EASA Design Organization Approval
(DOA) to obtain instructions for corrective actions, and within the
compliance time indicated in those instructions accomplish the
corrective actions accordingly.
(k) Parts Installation Limitation
As of the effective date of this AD, replacement of a motorized
fuel valve having P/N 7923227F with a serviceable part on an
airplane is allowed, provided that, within 30 flight cycles or 30
days, whichever occurs first after installation, the part passes an
inspection done in accordance with the instructions of Airbus
Defense and Space AOT AOT-CN235-28-0001, Revision 1, or Airbus
Defense and Space AOT AOT-C295-28-0001, Revision 1, both dated
September 27, 2016, as applicable.
(l) Credit for Previous Actions
This paragraph provides credit for actions required by
paragraphs (g) and (h) of this AD, if those actions were performed
before the effective date of this AD using Airbus Defense and Space
AOT AOT-CN235-28-0001, or Airbus Defense and Space AOT AOT-C295-28-
0001, both dated February 19, 2016, as applicable.
(m) Reporting Requirement
At the applicable time specified in paragraph (m)(1) or (m)(2)
of this AD, report all inspection results to Airbus Defense and
Space Technical Assistance Center (AMTAC); telephone +34 91 600 79
99; email mta.technicalservice@airbus.com. The report must include
the inspection results, a description of any discrepancies found,
operator name, the airplane model and serial number, valve part
number and serial number, and the number of landings and flight
hours on the airplane.
(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.
(n) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested
[[Page 28277]]
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 Branch, send it to send it
to the attention of the person identified in paragraph (o)(2) of
this AD. Information may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. 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
Branch, ANM-116, Transport Airplane Directorate, FAA; or 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) Reporting Requirements: 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 5
minutes 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.
(o) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2017-0004, dated January 9, 2017, for related
information. This MCAI may be found in the AD docket on the Internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2016-9386.
(2) For more information about this AD, contact Shahram
Daneshmandi, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone 425-227-1112; fax 425-227-1149.
(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 MTA.TechnicalService@airbus.com.;
Internet https://www.eads.net You may view this service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at
the FAA, call 425-227-1221.
Issued in Renton, Washington, on June 12, 2017.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-12630 Filed 6-20-17; 8:45 am]
BILLING CODE 4910-13-P