AD 2017-18-09

This AD is effective October 10, 2017.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of October 10, 2017.

For service information identified in this final rule, contact Airbus Defense and Space, Services/Engineering Support, Avenida de Aragón 404, 28022 Madrid, Spain; fax +34 91 585 31 27; email MTA.TechnicalService@airbus.com. You may view this referenced service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9521.

Shahram Daneshmandi, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone: 425-227-1112; fax: 425-227-1149.

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all Airbus Defense and Space S.A. Model CN-235, CN-235-100, CN-235-200, CN-235-300, and C-295 airplanes. The NPRM published in the Federal Register on January 5, 2017 (82 FR 1269) (“the NPRM”). The NPRM was prompted by reports of excessive play between bushings and their respective fitting housings at certain elevator fittings. The NPRM proposed to require a one-time detailed inspection and repetitive eddy current inspections of the elevator hinge fitting and bracket assembly, and corrective actions if necessary. We are issuing this AD to prevent excessive play between bushings and their respective fitting housings, which could lead to failure or detachment of any of the affected structural parts, with a possible result of reduced control of the airplane.

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2016-0075, dated April 19, 2016 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for all Airbus Defense and Space S.A. Model CN-235, CN-235-100, CN-235-200, CN-235-300, and C-295 airplanes. The MCAI states:

Excessive play between bushings and their respective fitting housing was reported at Stabilizer Station (STA) 4850, affecting the outboard and inboard elevator hinge fittings and attachment fittings; and the horizontal stabilizer elevator linkage. Additionally, excessive misalignment was detected between the elevator hinge fittings and the elevator brackets during further analysis of the reported cases. Furthermore, an occurrence of an elevator hinge fitting crack was reported.

This condition, if not detected and corrected, could lead to failure or detachment of any of the affected structural parts, possibly resulting in reduced control of the aeroplane.

To address this potentially unsafe condition, Airbus Defence & Space (D&S) issued Alert Operator Transmissions (AOT) AOT-CN235-55-0001 Revision 2 and AOT-C295-55-0001 Revision 2 to provide inspection instructions to detect misalignment between the elevator hinge fittings and the elevator brackets. Additionally, Airbus D&S issued AOT-CN235-55-0003 and AOT-C295-55-0003 to provide inspection instructions to detect cracking of elevator hinge fitting and attachment fitting.

For the reasons described above, this [EASA] AD requires a one-time [detailed] inspection of the elevator hinge fittings and the elevator brackets, repetitive [eddy current] inspections of elevator hinge fittings and attachment fittings, and depending on findings, accomplishment of applicable corrective action(s) [ e.g. repair(s)].

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9521.

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

We reviewed the relevant data and determined that air safety and the public interest require adopting this AD as proposed, except for minor editorial changes. We have determined that these minor changes:

• Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the NPRM.

Airbus Defense and Space S.A. has issued the following Alert Operators Transmissions (AOT).

• Airbus Defense and Space S.A. AOT AOT-CN235-55-0001, Revision 2, dated March 10, 2015. The service information describes procedures for a detailed visual inspection of the elevator hinge fitting and bracket assembly to detect excessive play between bushings and their respective fitting housings, and to detect cracks; and corrective actions if necessary.

• Airbus Defense and Space S.A. AOT AOT-CN235-55-0003, dated December 22, 2015. The service information describes procedures for repetitive eddy current inspections to detect cracks in the elevator hinge fitting and bracket assembly, and corrective actions if necessary.

• Airbus Defense and Space S.A. AOT AOT-C295-55-0001, Revision 2, dated April 9, 2015. The service information describes procedures for a detailed visual inspection of the elevator hinge fitting and bracket assembly to detect excessive play between bushings and their respective fitting housings, and to detect cracks; and corrective actions if necessary.

• Airbus Defense and Space S.A. AOT AOT-C295-55-0003, dated December 22, 2015. The service information describes procedures for repetitive eddy current inspections to detect cracks in the elevator hinge fitting and bracket assembly, and corrective actions if necessary.

These documents are distinct since they apply to different airplane models in different configurations. 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.

We estimate that this AD affects 14 airplanes of U.S. registry.

We estimate the following costs to comply with this AD:

We estimate the following costs to do any necessary repairs that will be required based on the results of the inspection. We have no way of determining the number of airplanes that might need this repair:

Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority.

We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to transport category airplanes to the Director of the System Oversight Division.

We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

For the reasons discussed above, I certify that this AD:

1. Is not a “significant regulatory action” under Executive Order 12866;

2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);

3. Will not affect intrastate aviation in Alaska; and

4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

1. The authority citation for part 39 continues to read as follows:

2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD):