Proposed Rule2021-16686
Airworthiness Directives; Airbus Defense and Space S.A. (Formerly Known as Construcciones Aeronauticas, S.A.) Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 9, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2018-25-16, which applies to certain Airbus Defense and Space S.A. Model CN-235, CN-235-200, and CN-235-300 airplanes. AD 2018-25-16 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. Since the FAA issued AD 2018-25-16, the FAA has determined that additional new or more restrictive airworthiness limitations, including inspections for discrepancies (cracking) of certain structural elements, are necessary. This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, and repetitive inspections for discrepancies (cracking) of certain structural elements and corrective actions, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 150 (Monday, August 9, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 150 (Monday, August 9, 2021)]
[Proposed Rules]
[Pages 43437-43440]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16686]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0621; Project Identifier MCAI-2020-01517-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)
2018-25-16, which applies to certain Airbus Defense and Space S.A.
Model CN-235, CN-235-200, and CN-235-300 airplanes. AD 2018-25-16
requires revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive airworthiness
limitations. Since the FAA issued AD 2018-25-16, the FAA has determined
that additional new or more restrictive airworthiness limitations,
including inspections for discrepancies (cracking) of certain
structural elements, are necessary. This proposed AD would require
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations, and
repetitive inspections for discrepancies (cracking) of certain
structural elements and corrective actions, as specified in a European
Union Aviation Safety Agency (EASA) AD, which is proposed for
incorporation 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 September
23, 2021.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For EASA material that will be incorporated by reference (IBR) in
this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#8dccc9fecde8ecfeeca3e8f8ffe2fdeca3e8f8"><span class="__cf_email__" data-cfemail="2a6b6e596a4f4b594b044f5f58455a4b044f5f">[email protected]</span></a>; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2021-0621.
Examining the AD Docket
You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2021-
0621; 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.
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 <a href="/cdn-cgi/l/email-protection#ef9c878e879d8e82c18b8e818a9c87828e818b86af898e8ec1888099"><span class="__cf_email__" data-cfemail="c2b1aaa3aab0a3afeca6a3aca7b1aaafa3aca6ab82a4a3a3eca5adb4">[email protected]</span></a>.
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 ADDRESSES. Include ``Docket No. FAA-2021-0621; Project Identifier
MCAI-2020-01517-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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you
provide. The agency will also post a report
[[Page 43438]]
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
<a href="/cdn-cgi/l/email-protection#a5d6cdc4cdd7c4c88bc1c4cbc0d6cdc8c4cbc1cce5c3c4c48bc2cad3"><span class="__cf_email__" data-cfemail="0c7f646d647e6d6122686d62697f64616d6268654c6a6d6d226b637a">[email protected]</span></a>. Any commentary that the FAA receives which
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.
Background
The FAA issued AD 2018-25-16, Amendment 39-19527 (83 FR 64441,
December 17, 2018) (AD 2018-25-16), for certain Airbus Defense and
Space S.A. Model CN-235, CN-235-200, and CN-235-300 airplanes. AD 2018-
25-16 requires revising the existing maintenance or inspection program,
as applicable, to incorporate new or more restrictive airworthiness
limitations. The FAA issued AD 2018-25-16 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.
Actions Since AD 2018-25-16 Was Issued
Since the FAA issued AD 2018-25-16, the FAA has determined that new
or more restrictive airworthiness limitations, including inspections
for discrepancies (cracking) of certain structural elements, are
necessary.
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0251, dated November 11, 2020
(EASA AD 2020-0251) (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. EASA AD 2020-0251 states that it
requires repetitive inspections of certain structural elements, which
are currently specified in an alert operators transmission (AOT). EASA
AD 2020-0251 further states that those inspections will be added to the
airworthiness limitations document when that document is next revised.
Airplanes with an original airworthiness certificate or original export
certificate of airworthiness issued after March 20, 2018, must comply
with the airworthiness limitations specified as part of the approved
type design and referenced on the type certificate data sheet; this AD
therefore does not include those airplanes in the requirement to revise
the existing maintenance or inspection program.
This proposed AD was prompted by a determination that new or more
restrictive airworthiness limitations, including inspections for
discrepancies (cracking) of certain structural elements, are necessary.
The FAA is proposing 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. See the MCAI for additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2020-0251 describes new or more restrictive airworthiness
limitations for airplane systems, structural inspections, safe life
structural items, and safe life system items. EASA AD 2020-0251 also
describes repetitive inspections for discrepancies (cracking) of
certain structural elements and corrective action (repair). 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
and service information referenced above. The FAA is proposing this AD
because the FAA has 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 revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations, and repetitive inspections for
discrepancies (cracking) of certain structural elements and corrective
actions, which are specified in EASA AD 2020-0251 described previously,
as proposed for incorporation by reference. Any differences with EASA
AD 2020-0251 are identified as exceptions in the regulatory text of
this AD.
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 (AMOC) according to
paragraph (k)(1) of this proposed 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 2020-0251
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2020-0251 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
[[Page 43439]]
``Required Action(s) and Compliance Time(s)'' in the EASA AD. Service
information specified in EASA AD 2020-0251 that is required for
compliance with EASA AD 2020-0251 will be available on the internet at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No.
FAA-2021-0621 after the FAA final rule is published.
Airworthiness Limitation ADs Using the New Process
The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections), or intervals, may be used unless the actions and
intervals are approved as an AMOC in accordance with the procedures
specified in the AMOCs paragraph under ``Other FAA Provisions.'' This
new format includes a ``New Provisions for Alternative Actions and
Intervals'' paragraph that does not specifically refer to AMOCs, but
operators may still request an AMOC to use an alternative action or
interval.
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:
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate. The FAA estimates the total cost per operator for the new
proposed actions to be $7,650 (90 work-hours x $85 per work-hour).
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
New proposed inspections.............. 60 work-hours x $85 per $0 $5,100 $40,800
hour = $5,100.
----------------------------------------------------------------------------------------------------------------
The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions specified in this proposed AD.
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) Would not affect intrastate aviation in Alaska, and
(3) Would 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:
0
a. Removing Airworthiness Directive (AD) 2018-25-16, Amendment 39-19527
(83 FR 64441, December 17, 2018); and
0
b. Adding the following new AD:
Airbus Defense and Space S.A. (Formerly Known as Construcciones
Aeronauticas, S.A.): Docket No. FAA-2021-0621; Project Identifier
MCAI-2020-01517-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by September 23, 2021.
(b) Affected ADs
This AD replaces AD 2018-25-16, Amendment 39-19527 (83 FR 64441,
December 17, 2018) (AD 2018-25-16).
(c) Applicability
This AD applies to all 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, certificated in any
category, with an original airworthiness certificate or original
export certificate of airworthiness issued on or before March 20,
2018.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks; and 53, Fuselage.
[[Page 43440]]
(e) Reason
This AD was prompted by a determination that new or more
restrictive airworthiness limitations, including inspections for
discrepancies (cracking) of certain structural elements, are
necessary. The FAA is 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) Required Actions
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
2020-0251, dated November 11, 2020 (EASA AD 2020-0251).
(h) Exceptions to EASA AD 2020-0251
(1) Where EASA AD 2020-0251 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The requirements specified in paragraph (4) of EASA AD 2020-
0251 do not apply to this AD.
(3) Where paragraph (5) of EASA AD 2020-0251 specifies actions
if discrepancies are found while accomplishing any task ``required
by paragraph (1), (2), (3) or (4) of this [EASA] AD,'' this AD
requires actions if discrepancies are found while accomplishing any
task ``required by paragraph (1), (2), or (3) of EASA AD 2020-
0251.''
(4) Where paragraph (5) of EASA AD 2020-0251 specifies actions
``in case of finding discrepancies,'' for this AD, discrepancies
include fatigue cracking.
(5) Paragraph (6) of EASA AD 2020-0251 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires, for airplanes with an original airworthiness
certificate or original export certificate of airworthiness issued
on or before March 20, 2018, revising the existing maintenance or
inspection program, as applicable, to incorporate the ``limitations,
tasks and associated thresholds and intervals'' specified in
paragraph (6) of EASA AD 2020-0251 within 90 days after the
effective date of this AD.
(6) For airplanes with an original airworthiness certificate or
original export certificate of airworthiness issued on or before
March 20, 2018, the initial compliance time for doing the tasks
specified in paragraph (6) of EASA AD 2020-0251 is at the applicable
``thresholds'' as incorporated by the requirements of paragraph (6)
of EASA AD 2020-0251, or within 90 days after the effective date of
this AD, whichever occurs later.
(7) The provisions specified in paragraphs (7) and (8) of EASA
AD 2020-0251 do not apply to this AD.
(8) The ``Remarks'' section of EASA AD 2020-0251 does not apply
to this AD.
(i) New Provisions for Alternative Actions and Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2020-0251.
(j) No Reporting Requirement
Although the service information referenced in EASA AD 2020-0251
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(k) 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 (l)(2) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#f4cdd9b5a2a7d9b5bda6d9c3c7c4d9b5b9bbb7b4929595da939b82"><span class="__cf_email__" data-cfemail="e4ddc9a5b2b7c9a5adb6c9d3d7d4c9a5a9aba7a4828585ca838b92">[email protected]</span></a>.
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). If
approved by the DOA, the approval must include the DOA-authorized
signature.
(l) Related Information
(1) For EASA AD 2020-0251, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#16575265567377657738736364796677387363"><span class="__cf_email__" data-cfemail="59181d2a193c382a38773c2c2b362938773c2c">[email protected]</span></a>; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and
locating Docket No. FAA-2021-0621.
(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
<a href="/cdn-cgi/l/email-protection#1e6d767f766c7f73307a7f707b6d76737f707a775e787f7f30797168"><span class="__cf_email__" data-cfemail="45362d242d3724286b21242b20362d28242b212c052324246b222a33">[email protected]</span></a>.
Issued on July 30, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-16686 Filed 8-6-21; 8:45 am]
BILLING CODE 4910-13-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 9, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.