Rule2021-28579
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
January 11, 2022
Effective
February 15, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2018-25- 16, which applied to certain Airbus Defense and Space S.A. Model CN- 235, CN-235-200, and CN-235-300 airplanes. AD 2018-25-16 required 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 AD requires revising the existing maintenance or inspection program, as applicable, to incorporate additional 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 incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 7 (Tuesday, January 11, 2022)</title>
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[Federal Register Volume 87, Number 7 (Tuesday, January 11, 2022)]
[Rules and Regulations]
[Pages 1333-1335]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28579]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0621; Project Identifier MCAI-2020-01517-T;
Amendment 39-21849; AD 2021-25-06]
RIN 2120-AA64
Airworthiness Directives; Airbus Defense and Space S.A. (Formerly
Known as Construcciones Aeronauticas, S.A.) Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2018-25-
16, which applied to certain Airbus Defense and Space S.A. Model CN-
235, CN-235-200, and CN-235-300 airplanes. AD 2018-25-16 required
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 AD requires revising the existing
maintenance or inspection program, as applicable, to incorporate
additional 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 incorporated by
reference. The FAA is issuing this AD to address the unsafe condition
on these products.
DATES: This AD is effective February 15, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 15,
2022.
ADDRESSES: For EASA material 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#f8b9bc8bb89d998b99d69d8d8a978899d69d8d"><span class="__cf_email__" data-cfemail="97d6d3e4d7f2f6e4f6b9f2e2e5f8e7f6b9f2e2">[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 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 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 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 final rule, the
mandatory continuing airworthiness information (MCAI), any comments
received, and other information. The address for Docket Operations is
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
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#72011a131a00131f5c16131c17011a1f131c161b321413135c151d04"><span class="__cf_email__" data-cfemail="ef9c878e879d8e82c18b8e818a9c87828e818b86af898e8ec1888099">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
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 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.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2018-25-16, Amendment 39-19527 (83 FR
64441, December 17, 2018) (AD 2018-25-16). AD 2018-25-16 applied to
certain Airbus Defense and Space S.A. Model CN-235, CN-235-200, and CN-
235-300 airplanes. The NPRM published in the Federal Register on August
9, 2021 (86 FR 43437). The NPRM was prompted by a determination that
additional new or more restrictive airworthiness limitations, including
inspections for discrepancies (cracking) of certain structural
elements, are necessary. The NPRM proposed to 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 EASA AD
2020-0251.
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. See the MCAI for additional background information.
Discussion of Final Airworthiness Directive
Comments
The FAA received no comments on the NPRM or on the determination of
the cost to the public.
Additional Changes Made to This AD
The FAA has revised paragraph (c) of this AD to remove the
inadvertent reference to an airplane's original airworthiness
certificate or original export certificate of airworthiness issued on
or before March 20, 2018, from the applicability. As explained in the
preamble of the NPRM, the intention was to follow the EASA AD 2020-
0251's intent. None of the airplanes in the current U.S. fleet have an
original airworthiness certificate or original export certificate of
airworthiness issued after March 20, 2018. This change does not add any
further requirements on any airplane on the U.S. registry, therefore,
re-opening the public comment period to provide notice and opportunity
for prior public comment are unnecessary, pursuant to 5 U.S.C
553(b)(3). However, paragraphs (h)(5) and (6) of this AD do retain the
reference to an airplane's original airworthiness certificate or
original export certificate of airworthiness issued on or before March
20, 2018. Those paragraphs state the FAA requirements in regards to
maintenance or inspection program revisions to incorporate
airworthiness limitations and are separate from the repetitive
inspections that apply to all airplanes. 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. Therefore, this AD
does not include those airplanes in the requirement to revise the
existing maintenance or inspection program.
Conclusion
The FAA reviewed the relevant data, and determined that air safety
requires adopting this AD as proposed. Except for minor editorial
changes, and any other changes described previously, this AD is adopted
as proposed in the NPRM. None of the changes will increase the economic
burden on any
[[Page 1334]]
operator. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these products.
Related Service Information Under 1 CFR Part 51
EASA AD 2020-0251 specifies 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.
Costs of Compliance
The FAA estimates that this AD affects 8 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this 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
actions to be $7,650 (90 work-hours x $85 per work-hour).
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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New inspections....................... 60 work-hours x $85 per $0 $5,100 $40,800
hour = $5,100.
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The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions specified in this 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
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) 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 Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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:
2021-25-06 Airbus Defense and Space S.A. (Formerly Known as
Construcciones Aeronauticas, S.A.): Amendment 39-21849; Docket No.
FAA-2021-0621; Project Identifier MCAI-2020-01517-T.
(a) Effective Date
This airworthiness directive (AD) is effective February 15,
2022.
(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.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks; and 53, Fuselage.
(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
[[Page 1335]]
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) Additional 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) of this
AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#043d2945525729454d56293337342945494b47446265652a636b72"><span class="__cf_email__" data-cfemail="5d64701c0b0e701c140f706a6e6d701c10121e1d3b3c3c733a322b">[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
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#ea99828b82988b87c48e8b848f9982878b848e83aa8c8b8bc48d859c"><span class="__cf_email__" data-cfemail="d7a4bfb6bfa5b6baf9b3b6b9b2a4bfbab6b9b3be97b1b6b6f9b0b8a1">[email protected]</span></a>.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2020-0251,
dated November 11, 2020.
(ii) [Reserved]
(3) 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#8dccc9fecde8ecfeeca3e8f8ffe2fdeca3e8f8"><span class="__cf_email__" data-cfemail="b6f7f2c5f6d3d7c5d798d3c3c4d9c6d798d3c3">[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>.
(4) 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.
(5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<a href="/cdn-cgi/l/email-protection#d4b2a6fabdbaa7a4b1b7a0bdbbba94bab5a6b5fab3bba2"><span class="__cf_email__" data-cfemail="1472663a7d7a67647177607d7b7a547a7566753a737b62">[email protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on December 2, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-28579 Filed 1-10-22; 8:45 am]
BILLING CODE 4910-13-P
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