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

• Citation: 85 FR 81851
• Record Number: 2020-27691
• Published date: 17 December 2020
• Court: Federal Aviation Administration

81851

Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA–2020–1134; Project

Identifier MCAI–2020–01053–T]

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).

SUMMARY

: The FAA proposes to

supersede Airworthiness Directive (AD)

2017–19–25, which applies 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. AD 2017–19–25 requires

repetitive inspections and operational

checks of the affected fuel valves, and

corrective actions if necessary. Since the

FAA issued AD 2017–19–25, it has been

determined that it is necessary to limit

the installation of affected parts

specified in AD 2017–19–25 to those

parts that are maintained in accordance

with certain instructions. This proposed

AD would continue to require repetitive

inspections and operational checks of

the affected fuel valves, and corrective

actions if necessary. This proposed AD

would also limit the installation of

affected parts to those that that are

maintained in accordance with certain

instructions, as specified in a European

Union Aviation Safety Agency (EASA),

which will be incorporated by reference.

The FAA is proposing this AD to

address the unsafe condition on these

products.

DATES

: The FAA must receive comments

on this proposed AD by February 1,

2021.

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 the material incorporated by

reference (IBR) in this AD, contact the

EASA, Konrad-Adenauer-Ufer 3, 50668

Cologne, Germany; telephone +49 221

8999 000; email ADs@easa.europa.eu;

internet www.easa.europa.eu. You may

find this IBR material on the EASA

website at https://ad.easa.europa.eu.

You may view this IBR material at the

FAA, Airworthiness Products Section,

Operational Safety Branch, 2200 South

216th St., Des Moines, WA. For

information on the availability of this

material at the FAA, call 206–231–3195.

It is also available in the AD docket on

the internet at https://

www.regulations.gov by searching for

and locating Docket No. FAA–2020–

1134.

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–2020–

1134; 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, any

comments received, and other

information. The street address for

Docket Operations is listed above.

Comments will be available in the AD

docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT

:

Shahram Daneshmandi, Aerospace

Engineer, Large Aircraft Section,

International Validation Branch, FAA,

2200 South 216th St., Des Moines, WA

98198; telephone and fax 206–231–

3220; email shahram.daneshmandi@

faa.gov.

SUPPLEMENTARY INFORMATION

:

Comments Invited

The FAA invites 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–2020–1134; Project

Identifier MCAI–2020–01053–T’’ at the

beginning of your comments. The most

helpful comments reference a specific

portion of the proposal, explain the

reason for any recommended change,

and include supporting data. The FAA

will consider all comments received by

the closing date and may amend the

proposal because of those comments.

Except for Confidential Business

Information (CBI) as described in the

following paragraph, and other

information as described in 14 CFR

11.35, the FAA will post all comments

received, without change, to https://

www.regulations.gov, including any

personal information you provide. The

agency will also post a report

summarizing each substantive verbal

contact received about this proposed

AD.

Confidential Business Information

CBI is commercial or financial

information that is both customarily and

actually treated as private by its owner.

Under the Freedom of Information Act

(FOIA) (5 U.S.C. 552), CBI is exempt

from public disclosure. If your

comments responsive to this NPRM

contain commercial or financial

information that is customarily treated

as private, that you actually treat as

private, and that is relevant or

responsive to this NPRM, it is important

that you clearly designate the submitted

comments as CBI. Please mark each

page of your submission containing CBI

as ‘‘PROPIN.’’ The FAA will treat such

marked submissions as confidential

under the FOIA, and they will not be

placed in the public docket of this

NPRM. Submissions containing CBI

should be sent to Shahram

Daneshmandi, Aerospace Engineer,

Large Aircraft Section, International

Validation Branch, FAA, 2200 South

216th St., Des Moines, WA 98198;

telephone and fax 206–231–3220; email

shahram.daneshmandi@faa.gov. Any

commentary that the FAA receives

which is not specifically designated as

CBI will be placed in the public docket

for this rulemaking.

Discussion

The FAA issued AD 2017–19–25,

Amendment 39–19055 (82 FR 44895,

September 27, 2017) (AD 2017–19–25),

which applies 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.

AD 2017–19–25 requires repetitive

inspections and operational checks of

the affected fuel valves, and corrective

actions if necessary. The FAA issued

AD 2017–19–25 to address leaks in a

motorized 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.

Actions Since AD 2017–19–25 Was

Issued

Since the FAA issued AD 2017–19–

25, it has been determined that it is

necessary to limit the installation of

affected parts specified in AD 2017–19–

25 to those parts that are maintained in

accordance with certain instructions.

The EASA, which is the Technical

Agent for the Member States of the

European Union, has issued EASA AD

2019–0212, dated August 27, 2019

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Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Proposed Rules

(EASA AD 2019–0212) (also referred to

as the Mandatory Continuing

Airworthiness Information, or the

MCAI), to correct an unsafe condition

for all Airbus Defense and Space S.A.

Model CN–235, CN–235–100, CN–235–

200, and CN–235–300 airplanes; and

Model C–295 airplanes. EASA AD

2019–0212 supersedes EASA AD 2017–

0004 (which corresponds to FAA AD

2017–19–25).

This proposed AD was prompted by

leakage of a motorized cross-feed fuel

valve and a determination that it is

necessary to limit the installation of

affected parts specified in AD 2017–19–

25 to those parts that are maintained in

accordance with certain instructions.

The FAA is proposing this AD to

address leaks in a motorized 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. See the MCAI for

additional background information.

Explanation of Retained Requirements

Although this proposed AD does not

explicitly restate the requirements of AD

2017–19–25, this proposed AD would

retain all of the requirements of AD

2017–19–25. Those requirements are

referenced in EASA AD 2019–0212,

which, in turn, is referenced in

paragraph (g) of this proposed AD.

Related Service Information Under 1

CFR Part 51

EASA AD 2019–0212 describes

procedures for repetitive inspections

and operational checks of the affected

fuel valves (cycling procedures and

reapplication of grease or overhaul as

applicable), and corrective actions if

necessary. Corrective actions include

replacement. EASA AD 2019–0212 also

describes procedures for reporting

inspection results.

This material is reasonably available

because the interested parties have

access to it through their normal course

of business or by the means identified

in the

ADDRESSES

section.

FAA’s Determination and Requirements

of This Proposed AD

This product has been approved by

the aviation authority of another

country, and is approved for operation

in the United States. Pursuant to the

FAA’s bilateral agreement with the State

of Design Authority, the FAA has been

notified of the unsafe condition

described in the MCAI referenced

above. The FAA is proposing this AD

because the FAA evaluated all pertinent

information and determined an unsafe

condition exists and is likely to exist or

develop on other products of the same

type design.

Proposed AD Requirements

This proposed AD would require

accomplishing the actions specified in

EASA AD 2019–0212 described

previously, as incorporated by

reference, except for any differences

identified as exceptions in the

regulatory text of this AD.

Explanation of Required Compliance

Information

In the FAA’s ongoing efforts to

improve the efficiency of the AD

process, the FAA initially worked with

Airbus and EASA to develop a process

to use certain EASA ADs as the primary

source of information for compliance

with requirements for corresponding

FAA ADs. The FAA has since

coordinated with other manufacturers

and civil aviation authorities (CAAs) to

use this process. As a result, EASA AD

2019–0212 will be incorporated by

reference in the FAA final rule. This

proposed AD would, therefore, require

compliance with EASA AD 2019–0212

in its entirety, through that

incorporation, except for any differences

identified as exceptions in the

regulatory text of this proposed AD.

Using common terms that are the same

as the heading of a particular section in

the EASA AD does not mean that

operators need comply only with that

section. For example, where the AD

requirement refers to ‘‘all required

actions and compliance times,’’

compliance with this AD requirement is

not limited to the section titled

‘‘Required Action(s) and Compliance

Time(s)’’ in the EASA AD. Service

information specified in EASA AD

2019–0212 that is required for

compliance with EASA AD 2019–0212

will be available on the internet at

https://www.regulations.gov by

searching for and locating Docket No.

FAA–2020–1134 after the FAA final

rule is published.

Costs of Compliance

The FAA estimates that this proposed

AD affects 8 airplanes of U.S. registry.

The FAA estimates the following costs

to comply with this proposed AD:

E

STIMATED

C

OSTS FOR

R

EQUIRED

A

CTIONS

Labor cost Parts cost Cost per

product Cost on U.S.

operators

3 work-hours × $85 per hour = $255 .......................................................................................... $0 $255 $2,040

The FAA estimates the following

costs to do any necessary replacements

that would be required based on the

results of the proposed inspection. The

FAA has no way of determining the number of aircraft that might need these

replacements:

E

STIMATED

C

OSTS OF

O

N

-C

ONDITION

A

CTIONS

Labor cost Parts cost Cost per

product

5 work-hours × $85 per hour = $425 ...................................................................................................................... $38,448 $38,873

* Table does not include estimated costs for reporting.

The FAA estimates that it would take

about 1 work-hour per product to

comply with the proposed on-condition

reporting requirement in this proposed

AD. The average labor rate is $85 per

hour. Based on these figures, the FAA

estimates the cost of reporting the

inspection results on U.S. operators to

be $85 per product.

The FAA has received no definitive

data on which to base the cost estimates

for the on-condition corrective actions

for the operational check specified in

this proposed AD.

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Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Proposed Rules

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 proposed 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 proposed

AD is mandatory. Comments concerning

the accuracy of this burden and

suggestions for reducing the burden

should be directed to Information

Collection Clearance Officer, Federal

Aviation Administration, 10101

Hillwood Parkway, Fort Worth, TX

76177–1524.

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.

The FAA is 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.

Regulatory Findings

The FAA 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) Will not affect intrastate aviation

in Alaska, and

(3) 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:

■a. Removing Airworthiness Directive

(AD) 2017–19–25, Amendment 39–

19055 (82 FR 44895, September 27,

2017), and

■b. Adding the following new AD:

Airbus Defense and Space S.A. (Formerly

known as Construcciones Aeronauticas,

S.A.): Docket No. FAA–2020–1134;

Project Identifier MCAI–2020–01053–T.

(a) Comments Due Date

The FAA must receive comments by

February 1, 2021.

(b) Affected ADs

This AD replaces AD 2017–19–25,

Amendment 39–19055 (82 FR 44895,

September 27, 2017) (AD 2017–19–25).

(c) Applicability

This AD applies 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.

(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 and a

determination that it is necessary to limit the

installation of affected parts to those parts

that are maintained in accordance with

certain instructions. The FAA is issuing this

AD to address leaks in a motorized 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) Requirements

Except as specified in paragraph (h) of this

AD: Comply with all required actions and

compliance times specified in, and in

accordance with, European Union Aviation

Safety Agency (EASA) AD 2019–0212, dated

August 27, 2019 (EASA AD 2019–0212).

(h) Exceptions to EASA AD 2019–0212

(1) Where EASA AD 2019–0212 refers to

April 25, 2016 (the effective date of EASA

AD 2016–0071) or January 23, 3017 (the

effective date of EASA AD 2017–0004), this

AD requires using November 1, 2017 (the

effective date of AD 2017–19–25).

(2) Where EASA AD 2019–0212 refers to its

effective date, this AD requires using the

effective date of this AD.

(3) The ‘‘Remarks’’ section of EASA AD

2019–0212 does not apply to this AD.

(4) Although the service information

referenced in EASA AD 2019–0212 specifies

to submit all inspection findings to the

manufacturer, this AD requires reporting

only as specified in paragraph (8) of EASA

AD 2019–0212.

(5) Where paragraph (5) of EASA AD 2019–

0212 specifies ‘‘any discrepancy,’’ for this AD

‘‘any discrepancy’’ is defined as the valve not

opening or closing as commanded during the

operational check.

(6) Paragraph (8) of EASA AD 2019–0212

specifies to report inspection results to

Airbus Defense and Space S.A. within a

certain compliance time. For this AD, report

inspection results at the applicable time

specified in paragraph (h)(6)(i) or (ii) of this

AD.

(i) If the inspection was done on or after

the effective date of this AD: Submit the

report within 60 days after the inspection.

(ii) 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.

(i) Other FAA AD Provisions

The following provisions also apply to this

AD:

(1) Alternative Methods of Compliance

(AMOCs): The Manager, Large Aircraft

Section, International Validation 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 responsible Flight

Standards Office, as appropriate. If sending

information directly to the Large Aircraft

Section, International Validation Branch,

send it to the attention of the person

identified in paragraph (j)(2) of this AD.

Information may be emailed to: 9-AVS-AIR-

730-AMOC@faa.gov. Before using any

approved AMOC, notify your appropriate

principal inspector, or lacking a principal

inspector, the manager of the responsible

Flight Standards Office.

(2) Contacting the Manufacturer: For any

requirement in this AD to obtain instructions

from a manufacturer, the instructions must

be accomplished using a method approved

by the Manager, Large Aircraft Section,

International Validation Branch, FAA; or

EASA; or Airbus Defense and Space S.A.’s

EASA Design Organization Approval (DOA).

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Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Proposed Rules

If approved by the DOA, the approval must

include the DOA-authorized signature.

(3) Paperwork Reduction Act Burden

Statement: A federal agency may not conduct

or sponsor, and a person is not required to

respond to, nor shall a person be subject to

a penalty for failure to comply with a

collection of information subject to the

requirements of the Paperwork Reduction

Act unless that collection of information

displays a current valid OMB Control

Number. The OMB Control Number for this

information collection is 2120–0056. Public

reporting for this collection of information is

estimated to be approximately 1 hour per

response, including the time for reviewing

instructions, searching existing data sources,

gathering and maintaining the data needed,

and completing and reviewing the collection

of information. All responses to this

collection of information are mandatory as

required by this AD. Send comments

regarding this burden estimate or any other

aspect of this collection of information,

including suggestions for reducing this

burden to Information Collection Clearance

Officer, Federal Aviation Administration,

10101 Hillwood Parkway, Fort Worth, TX

76177–1524.

(j) Related Information

(1) For information about EASA AD 2019–

0212, contact the EASA, Konrad-Adenauer-

Ufer 3, 50668 Cologne, Germany; telephone

+49 221 8999 000; email ADs@

easa.europa.eu; internet

www.easa.europa.eu. You may find this

EASA AD on the EASA website at https://

ad.easa.europa.eu. You may view this

material at the FAA, Airworthiness Products

Section, Operational Safety Branch, 2200

South 216th St., Des Moines, WA. For

information on the availability of this

material at the FAA, call 206–231–3195. This

material may be found in the AD docket on

the internet at https://www.regulations.gov

by searching for and locating Docket No.

FAA–2020–1134.

(2) For more information about this AD,

contact Shahram Daneshmandi, Aerospace

Engineer, Large Aircraft Section,

International Validation Branch, FAA, 2200

South 216th St., Des Moines, WA 98198;

telephone and fax 206–231–3220; email

shahram.daneshmandi@faa.gov.

Issued on December 11, 2020.

Lance T. Gant,

Director, Compliance & Airworthiness

Division, Aircraft Certification Service.

[FR Doc. 2020–27691 Filed 12–16–20; 8:45 am]

BILLING CODE 4910–13–P

PEACE CORPS

22 CFR Part 306

CORPORATION FOR NATIONAL AND

COMMUNITY SERVICE

45 CFR Part 1225

RIN 0420–AA27

Volunteer Discrimination Complaint

Process

AGENCY

: The Peace Corps and The

Corporation for National and

Community Service (CNCS).

ACTION

: Joint proposed rule.

SUMMARY

: This joint document amends

the regulations that the Peace Corps and

Corporation for National and

Community Service (CNCS) follow to

process complaints of discrimination by

volunteers and applicants for volunteer

service. The current regulations were

promulgated in January 1981 when the

Peace Corps and domestic volunteer

programs (such as VISTA, now

subsumed by CNCS) were one entity

under an organization called ACTION.

At that time, Congress extended the

statutory protections of the Civil Rights

Act and other laws to such volunteers.

Congress has since separated out the

two agencies and has expressly removed

the Peace Corps. As such, the

regulations need to be updated.

DATES

: This document is applicable

March 17, 2021 without further action,

unless adverse comment is received by

January 19, 2021. If adverse comment is

received, the Peace Corps and CNCS

will publish a timely withdrawal of the

document in the Federal Register.

ADDRESSES

: You may send comments,

identified by RIN 0420–AA27, by any of

the following methods:

•Federal eRulemaking Portal: http://

www.regulations.gov. Follow the

instructions for sending comments.

•Email: policy@peacecorps.gov.

Include RIN 0420–AA27 in the subject

line of the message.

•Mail: The Peace Corps/The Office of

General Counsel/1275 First Street NE/

Washington, DC 20526.

Instructions: All submissions received

must include the receiving agency’s

name, which is the Peace Corps,

designate the Office of General Counsel,

and note the Regulatory Information

Number (RIN) for this rulemaking.

FOR FURTHER INFORMATION CONTACT

:

David van Hoogstraten, (202) 692–2150,

dvanhoogstraten@peacecorps.gov.

Background: The Peace Corps is an

independent government agency that

was legislatively established in 1961 by

the Peace Corps Act. Separately, in

1973, the Domestic Volunteer Service

Act (Pub. L. 93–113) established

domestic volunteer programs, such as

VISTA, and joined the Peace Corps with

those domestic volunteer programs

under an umbrella organization called

ACTION.

In 1979, the Domestic Volunteer

Service Act Amendments (Pub. L. 96–

143) extended the nondiscrimination

policies and authorities set forth in Title

VII of the Civil Rights Act of 1964, Title

V of the Rehabilitation Act of 1973, and

the Age Discrimination Act of 1975 to

applicants for enrollment and

volunteers serving under both the Peace

Corps Act and the Domestic Volunteer

Service Act. That section further

directed that any remedies available to

individuals under such laws, other than

the right to appeal to the Equal

Employment Opportunity Commission,

would be available to such applicants or

volunteers. Congress, in extending the

non-discrimination protections to the

volunteers, required that the Directors of

ACTION and Peace Corps prescribe

regulations specifically tailored to the

circumstances of such volunteers. This

mandate led to the promulgation of the

rules in 45 CFR 1225, which applied to

both Peace Corps volunteers and

domestic volunteers (and applicants for

such volunteer service) who filed

complaints of discrimination. At that

time, a section was also added to the

Peace Corps’ regulations, at 22 CFR 300,

et seq, entitled Volunteer Discrimination

Complaint Procedure, which only

contains a cross reference to 45 CFR

1225 (see 22 CFR 306).

In December of 1981, Congress again

separated the Peace Corps from

domestic volunteers, and removed it

from the umbrella of ACTION (Pub. L.

97–113). In the Domestic Volunteer

Service Act Amendment of 1984, Pub.

L. 98–288, sec. 30a (codified at 42

U.S.C. 5057), Congress expressly

removed the Peace Corps from being

subject to Title VII of the Civil Rights

Act and the other non-discrimination

statutes. However, conforming

amendments by ACTION (now

subsumed by the Corporation for

National and Community Service) were

not made to 45 CFR 1225 to remove

references to the Peace Corps.

At this time, the Peace Corps seeks to

update its regulations to reflect the

current statutory framework applicable

to Peace Corps volunteers and

applicants, by striking references to the

Peace Corps from 45 CFR 1225, and

adding a revised non-discrimination

process into the Peace Corps regulations

in 22 CFR 306.

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