Proposed Rule2022-11802
Airworthiness Directives; Airbus Defense and Space S.A. (Formerly Known as Construcciones Aeronauticas, S.A.) Airplanes
Primary source
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Published
June 2, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) AD 2021-16-07, which applies to certain Airbus Defense and Space S.A. Model C-212-CB, C-212-CC, C-212-CD, C-212-CE, C-212-CF, C-212-DE, and C-212-DF airplanes. AD 2021-16-07 requires repetitive inspections of the left-hand (LH) and right-hand (RH) side center wing fairings at a certain frame, around the wing leading edge for discrepancies (cracks), and repair if necessary. Since the FAA issued AD 2021-16-07, a modification was developed to reinforce the structure in the affected area, providing an optional terminating action for the repetitive inspections required by AD 2021-16-07. This proposed AD would continue to require the actions in AD 2021-16-07 and would allow new optional terminating action for the repetitive inspections, 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
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<title>Federal Register, Volume 87 Issue 106 (Thursday, June 2, 2022)</title>
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[Federal Register Volume 87, Number 106 (Thursday, June 2, 2022)]
[Proposed Rules]
[Pages 33457-33460]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11802]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0595; Project Identifier MCAI-2021-01180-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).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) AD
2021-16-07, which applies to certain Airbus Defense and Space S.A.
Model C-212-CB, C-212-CC, C-212-CD, C-212-CE, C-212-CF, C-212-DE, and
C-212-DF airplanes. AD 2021-16-07 requires repetitive inspections of
the left-hand (LH) and right-hand (RH) side center wing fairings at a
certain frame, around the wing leading edge for discrepancies (cracks),
and repair if necessary. Since the FAA issued AD 2021-16-07, a
modification was developed to reinforce the structure in the affected
area, providing an optional terminating action for the repetitive
inspections required by AD 2021-16-07. This proposed AD would continue
to require the actions in AD 2021-16-07 and would allow new optional
terminating action for the repetitive inspections, 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 July 18,
2022.
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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For 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#4a0b0e390a2f2b392b642f3f38253a2b642f3f"><span class="__cf_email__" data-cfemail="6223261122070311034c0717100d12034c0717">[email protected]</span></a>; internet
www.easa.europa.eu. You may find this 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-2022-0595.
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-2022-0595; 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
mandatory continuing airworthiness information (MCAI), 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, FAA, International Validation Branch,
2200 South 216th St., Des Moines, WA 98198; telephone 206-231-3220;
email <a href="/cdn-cgi/l/email-protection#186b7079706a7975367c79767d6b707579767c71587e7979367f776e"><span class="__cf_email__" data-cfemail="2b58434a43594a46054f4a454e5843464a454f426b4d4a4a054c445d">[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-2022-0595; Project Identifier
MCAI-2021-01180-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
this 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 summarizing each
substantive verbal contact received about this NPRM.
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, FAA,
International Validation Branch, 2200 South 216th St., Des Moines, WA
98198; telephone 206-231-3220; email <a href="/cdn-cgi/l/email-protection#63100b020b11020e4d07020d06100b0e020d070a230502024d040c15"><span class="__cf_email__" data-cfemail="0a79626b62786b67246e6b646f7962676b646e634a6c6b6b246d657c">[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 2021-16-07, Amendment 39-21669 (86 FR 47210,
August 24, 2021) (AD 2021-16-07), which applies to certain Airbus
Defense and Space S.A. Model C-212-CB, C-
[[Page 33458]]
212-CC, C-212-CD, C-212-CE, C-212-CF, C-212-DE, and C-212-DF airplanes.
AD 2021-16-07 requires repetitive inspections of the LH and RH side
center wing fairings at a certain frame, around the wing leading edge
for discrepancies (cracks), and repair if necessary. The FAA issued AD
2021-16-07 to address cracks on the LH and RH side fuselage skin and on
frame (FR) 5 underneath the skin, near the leading edge of the wing,
which could affect the structural integrity of the airplane.
Actions Since AD 2021-16-07 Was Issued
Since the FAA issued AD 2021-16-07, a modification was developed to
reinforce the structure in the affected area, which is an optional
terminating action for the repetitive inspections required by AD 2021-
16-07.
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0182R1, dated October 29, 2021
(EASA AD 2020-0182R1) (also referred to as the MCAI), to correct an
unsafe condition for certain Airbus Defense and Space S.A. Model C-212-
CB, C-212-CC, C-212-CD, C-212-CE, C-212-CF, C-212-DD, C-212-DE, C-212-
DF, C-212-EE and C-212-VA airplanes. Model C-212-DD, C-212-EE, and C-
212-VA airplanes are not certificated by the FAA and are not included
on the U.S. type certificate data sheet; this AD therefore does not
include those airplanes in the applicability.
This proposed AD was prompted by a report of cracks on the LH and
RH side fuselage skin and on a certain frame underneath the skin, near
the leading edge of the wing, and the development of a modification to
reinforce the structure in the affected area. The FAA is proposing this
AD to address cracks on the LH and RH side fuselage skin and on FR 5
underneath the skin, near the leading edge of the wing, which could
affect the structural integrity of the airplane. See the MCAI for
additional background information.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2021-16-07, this proposed AD would retain all of the
requirements of AD 2021-16-07. Those requirements are referenced in
EASA AD 2020-0182R1, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2020-0182R1 specifies procedures for repetitive detailed
visual inspections of the LH and RH side center wing fairings at FR 5,
around the wing leading edge for discrepancies (cracks) and repair, and
for a modification to reinforce the structure in the affected area,
which terminates the repetitive inspections.
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
These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with the State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI referenced above. The FAA is issuing this NPRM after
determining that the unsafe condition described previously is likely to
exist or develop in other products of these same type designs.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2020-0182R1 described previously, except for any differences
identified as exceptions in the regulatory text 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 developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2020-0182R1 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2020-0182R1 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 EASA AD 2020-0182R1 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 EASA AD 2020-
0182R1. Service information required by EASA AD 2020-0182R1 for
compliance will be available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2022-0595 after the FAA final
rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 45 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2021-16-07... 3 work-hours x $85 per $0 $255 $11,475
hour = $255.
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The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs specified in this proposed AD.
Estimated Costs for Optional Actions
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Labor cost Parts cost Cost per product
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Up to 29 work-hours x $85 per $14,464 Up to $16,929.
hour = $2,465.
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[[Page 33459]]
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) 2021-16-07, Amendment 39-21669
(86 FR 47210, August 24, 2021); and
0
b. Adding the following new AD:
Airbus Defense and Space S.A. (Formerly Known as Construcciones
Aeronauticas, S.A.): Docket No. FAA-2022-0595; Project Identifier
MCAI-2021-01180-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by July 18, 2022.
(b) Affected ADs
This AD replaces AD 2021-16-07, Amendment 39-21669 (86 FR 47210,
August 24, 2021) (AD 2021-16-07).
(c) Applicability
This AD applies to Airbus Defense and Space S.A. (formerly known
as Construcciones Aeronauticas, S.A.) Model C-212-CB, C-212-CC, C-
212-CD, C-212-CE, C-212-CF, C-212-DE, and C-212-DF airplanes,
certificated in any category, as identified in European Union
Aviation Safety Agency (EASA) AD 2020-0182R1, dated October 29, 2021
(EASA AD 2020-0182R1).
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by a report of cracks on the left-hand (LH)
and right-hand (RH) side fuselage skin and on frame (FR) 5
underneath the skin, near the leading edge of the wing, and the
development of a modification to reinforce the structure in the
affected area. The FAA is issuing this AD to address cracks on the
LH and RH side fuselage skin and on FR 5 underneath the skin, near
the leading edge of the wing, which could affect the structural
integrity of the airplane.
(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, EASA AD 2020-0182R1.
(h) Exceptions to EASA AD 2020-0182R1
(1) Where EASA AD 2020-0182R1 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where EASA AD 2020-0182R1 refers to refers to August 27,
2020 (the effective date of EASA AD 2020-0182), this AD requires
using September 28, 2021 (the effective date of AD 2021-16-07).
(3) Where paragraph (2) of EASA AD 2020-0182R1 specifies to
``contact Airbus D&S for approved instructions and accomplish those
instructions accordingly'' if discrepancies are detected, for this
AD if any cracking is detected, the cracking must be repaired before
further flight 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.
(4) The ``Remarks'' section of EASA AD 2020-0182R1 does not
apply to this AD.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2020-
0182R1 specifies to submit certain information to the manufacturer,
this AD does not include that requirement.
(j) Additional 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 (k)(2) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#f6cfdbb7a0a5dbb7bfa4dbc1c5c6dbb7bbb9b5b6909797d8919980"><span class="__cf_email__" data-cfemail="ae9783eff8fd83efe7fc83999d9e83efe3e1edeec8cfcf80c9c1d8">[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.
(k) Related Information
(1) For EASA AD 2020-0182R1, contact EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#a7e6e3d4e7c2c6d4c689c2d2d5c8d7c689c2d2"><span class="__cf_email__" data-cfemail="0f4e4b7c4f6a6e7c6e216a7a7d607f6e216a7a">[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 at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-
2022-0595.
(2) For more information about this AD, contact Shahram
Daneshmandi, Aerospace Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South 216th St., Des Moines,
WA 98198; telephone 206-231-3220; email <a href="/cdn-cgi/l/email-protection#9fecf7fef7edfef2b1fbfef1faecf7f2fef1fbf6dff9fefeb1f8f0e9"><span class="__cf_email__" data-cfemail="aeddc6cfc6dccfc380cacfc0cbddc6c3cfc0cac7eec8cfcf80c9c1d8">[email protected]</span></a>.
[[Page 33460]]
Issued on May 25, 2022.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022-11802 Filed 6-1-22; 8:45 am]
BILLING CODE 4910-13-P
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