Airworthiness Directives; Airbus Defense and Space S.A. (Formerly Known as Construcciones Aeronauticas, S.A.) Airplanes, 50539-50542 [2018-21608]
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Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Proposed Rules
(c) Applicability
This AD applies to Dassault Aviation
Model FALCON 2000, certificated in any
category, manufacturer serial numbers 70
through 231 inclusive.
(d) Subject
Air Transport Association (ATA) of
America Code 24, Electrical power.
(e) Reason
This AD was prompted by a report of
chafing of a wire bundle located at the
bottom of the right hand (RH) electrical
cabinet. We are issuing this AD to address
such chafing, which may cause damage to
wires within the bundle, and, if not detected
and corrected, could lead to improper
functioning of airplane systems (such as loss
of wing anti-icing or wing anti-icing
inoperative indication, loss of normal braking
indication, and loss of ‘‘No take-off’’
indication), which could result in reduced
control of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(g) Inspection
Within 25 months after the effective date
of this AD, for airplanes equipped with a
metallic plate at the bottom of the RH
electrical cabinet, do the following actions as
specified in paragraphs (g)(1) and (g)(2) of
this AD.
(1) Perform a general visual inspection of
the wiring bundle for damage (including
chafing), in accordance with the
Accomplishment Instructions of Dassault
Aviation Service Bulletin F2000–436, dated
September 28, 2017.
(2) Measure the clearance between the
metallic plate and the wire bundle at the
bottom of the RH electrical cabinet in
accordance with the Accomplishment
Instructions of Dassault Aviation Service
Bulletin F2000–436, dated September 28,
2017.
(h) Corrective Action
(1) If, during the inspection required by
paragraph (g)(1) of this AD, any damage is
found, before further flight, replace all
damaged wires using a method approved by
the Manager, International Section, Transport
Standards Branch, FAA; or the European
Aviation Safety Agency (EASA); or Dassault
Aviation’s EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
(2) If, during the measurement as required
by paragraph (g)(2) of this AD, the detected
clearance is less than the criteria as specified
in Dassault Aviation Service Bulletin F2000–
436, dated September 28, 2017, before further
flight, modify the metallic plate in
accordance with the Accomplishment
Instructions of Dassault Aviation Service
Bulletin F2000–436, dated September 28,
2017.
(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: 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 Section,
Transport Standards Branch, FAA; or EASA;
or Dassault Aviation’s EASA 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
2018–0114, dated May 23, 2018, 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–2018–0809.
(2) For more information about this AD,
contact Tom Rodriguez, Aerospace Engineer,
International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax 206–
231–3226.
(3) For service information identified in
this AD, contact Dassault Falcon Jet
Corporation, Teterboro Airport, P.O. Box
2000, South Hackensack, NJ 07606;
telephone 201–440–6700; internet https://
www.dassaultfalcon.com. 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 26, 2018.
John P. Piccola,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2018–21609 Filed 10–5–18; 8:45 am]
BILLING CODE 4910–13–P
(i) Other FAA AD Provisions
The following provisions also apply to this
AD:
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50539
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
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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.
SUMMARY:
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: 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 Arago´n 404, 28022 Madrid,
Spain; telephone: +34 91 585 55 84; fax:
+34 91 585 31 27; email:
MTA.TechnicalService@airbus.com.
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.
ADDRESSES:
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Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Proposed Rules
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–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:
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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 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 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.
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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 https://
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.
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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.
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Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Proposed Rules
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.
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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 perairplane estimate. Therefore, we
estimate the total cost per operator to be
$7,650 (90 work-hours × $85 per workhour)
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,
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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
1. The authority citation for part 39
continues to read as follows:
■
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50541
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–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.
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Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Proposed Rules
(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: 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 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
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(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 https://
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 Arago´n 404,
28022 Madrid, Spain; telephone: +34 91 585
55 84; fax: +34 91 585 31 27; email:
MTA.TechnicalService@airbus.com. 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
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CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Part 1130
[Docket No. CPSC–2018–0018]
Amendment to Requirements for
Consumer Registration of Durable
Infant or Toddler Products
Consumer Product Safety
Commission.
ACTION: Proposed rule.
AGENCY:
In 2009, the Consumer
Product Safety Commission (CPSC)
fulfilled a statutory requirement in the
Consumer Product Safety Improvement
Act of 2008 (CPSIA) to issue a rule
requiring manufacturers of durable
infant or toddler products to establish a
consumer registration program. The
Commission now proposes to amend the
definition of ‘‘durable infant or toddler
product’’ in the rule to include the full
statutory definition; clarify that the
scope of each listed product category is
further defined in the applicable
mandatory standard; clarify listed
product categories using the product
name in the applicable mandatory
standard; and clarify the scope of the
infant carriers and bassinets and cradles
product categories.
DATES: Submit comments by December
24, 2018.
ADDRESSES: Comments, identified by
Docket No. CPSC–2018–0018, may be
submitted electronically or in writing:
Electronic Submissions: Submit
electronic comments to the Federal
eRulemaking Portal at: https://
www.regulations.gov. Follow the
instructions for submitting comments.
CPSC does not accept comments
submitted by electronic mail (email),
except through www.regulations.gov.
CPSC encourages you to submit
electronic comments by using the
Federal eRulemaking Portal, as
described above.
Written Submissions: Submit written
submissions in the following way: Mail/
Hand delivery/Courier (for paper, disk,
or CD–ROM submissions) to: Division of
the Secretariat, Consumer Product
Safety Commission, Room 820, 4330
East-West Highway, Bethesda, MD
20814; telephone (301) 504–7923.
Instructions: All submissions received
must include the agency name and
docket number for this proposed
rulemaking. All comments received may
be posted without change, including
any personal identifiers, contact
information, or other personal
information provided, to: https://
www.regulations.gov. Do not submit
SUMMARY:
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electronically any confidential business
information, trade secret information, or
other sensitive or protected information
that you do not want to be available to
the public. If you wish to provide such
information, please submit it in writing.
Docket: For access to the docket to
read background documents or
comments received, go to: https://
www.regulations.gov, and insert the
docket number, CPSC–2018–0018, into
the ‘‘Search’’ box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT:
Hope EJ Nesteruk, Project Manager,
Children’s Program Manager, Division
of Mechanical and Combustion
Engineering, Consumer Product Safety
Commission, 5 Research Place,
Rockville, MD 20850; telephone: 301–
987–2579; email: HNesteruk@cpsc.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Statutory Authority
Section 104 of the Consumer Product
Safety Improvement Act of 2008
(CPSIA) is the Danny Keysar Child
Product Safety Notification Act. Section
104 of the CPSIA requires that for
‘‘durable infant or toddler products,’’
the U.S. Consumer Product Safety
Commission (CPSC) must (1) issue a
mandatory rule for each product based
on the applicable voluntary standard,
and (2) issue a rule requiring consumer
registration for such products. 15 U.S.C.
2056a(b) and (d).1 In 2009, the
Commission issued a regulation to
implement the second requirement, that
manufacturers provide a means for
consumers to register ‘‘durable infant or
toddler products,’’ so that consumers
can receive direct notification in the
event of a product recall. The rule is
codified at 16 CFR part 1130,
Requirements for Consumer Registration
of Durable Infant or Toddler Products
(‘‘part 1130’’ or the ‘‘consumer
registration rule’’).
The two aspects of section 104,
consumer registration and product
standards, are both based on the
definition of ‘‘durable infant or toddler
product’’ set forth in section 104(f) of
the CPSIA: ‘‘durable products intended
for use, or that may be reasonably
expected to be used, by children under
the age of 5 years.’’ The statute lists 12
product categories included within the
definition, such as cribs, toddler beds,
high chairs, strollers, and swings. In a
1 Since 2009, the Commission has issued final
rules for 22 durable infant or toddler products, and
issued one proposed rule for Inclined Infant Sleep
Products that has not yet been finalized. Mandatory
standards for durable infant or toddler products are
codified in 16 CFR parts 1215 through 1235, and
part 1237. Part 1236 is reserved for Inclined Infant
Sleep Products.
E:\FR\FM\09OCP1.SGM
09OCP1
]]>Agencies
[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Proposed Rules]
[Pages 50539-50542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 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: 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 https://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 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 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 https://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 https://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
