[Federal Register Volume 83, Number 241 (Monday, December 17, 2018)]
[Rules and Regulations]
[Pages 64441-64443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26621]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0805; Product Identifier 2018-NM-103-AD; Amendment
39-19527; AD 2018-25-16]
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: We are adopting a new airworthiness directive (AD) for certain
Airbus Defense and Space S.A. Model CN-235, CN-235-200 and CN-235-300
airplanes. This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. This AD requires
revising the maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations. We are
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective January 22, 2019.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 22,
2019.
ADDRESSES: For service information identified in this final rule,
contact Airbus Defense and Space, Services/Engineering Support, Avenida
de Arag[oacute]n 404, 28022 Madrid, Spain; telephone +34 91 585 55 84;
fax +34 91 585 31 27; email [email protected]. You may
view this service information at the FAA, Transport Standards 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 on the internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2018-0805.
Examining the AD Docket
You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0805; 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 regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) 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, International Section, Transport Standards Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3220.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply 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 October 9, 2018 (83 FR 50539). The
NPRM was prompted by a determination that new or more restrictive
airworthiness limitations are necessary. The NPRM proposed to require
revising the maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations.
We are 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.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2018-0134, dated June 25, 2018 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for certain Airbus Defense and Space S.A. Model CN-
235, CN-235-200, and CN-235-300 airplanes. The MCAI states:
The airworthiness limitations and/or certification maintenance
instructions for the EADS-CASA CN-235 aeroplanes, which are approved
by EASA, are currently defined and published in the Airbus D&S CN-
235 ALL [Airworthiness Limitations List] DT-86-3001 document. These
instructions have been identified as mandatory for continued
airworthiness.
Failure to accomplish these instructions could result in an
unsafe condition [i.e., fatigue cracking, damage, and corrosion in
principal structural elements, which could result in reduced
structural integrity of the airplane].
For the reason described above, this [EASA] AD requires
accomplishment of the actions specified in the ALL.
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-2018-
0805.
Comments
We gave the public the opportunity to participate in developing
this final rule. We received no comments on the NPRM or on the
determination of the cost to the public.
Conclusion
We reviewed the relevant data and determined that air safety and
the public interest require adopting this final rule 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 addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
Related Service Information Under 1 CFR Part 51
Airbus Defence and Space has issued Technical Document DT-86-3001,
CN-235 Airworthiness Limitations List, Issue R, dated March 20, 2018.
This service information describes airworthiness limitations for
airplane systems, structural inspections, safe life structural items,
and safe life system items.
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.
Costs of Compliance
We estimate that this AD affects 9 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
We have determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although we
recognize that this number may vary from operator to operator. In the
past, we have estimated that this action takes 1 work-hour per
airplane. Since operators incorporate maintenance or inspection program
changes for their affected fleet(s), we
[[Page 64442]]
have determined that a per-operator estimate is more accurate than a
per-airplane estimate. Therefore, we estimate the total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).
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.
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 and
associated appliances to the Director of the System Oversight Division.
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) 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of 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 adding the following new airworthiness
directive (AD):
2018-25-16 Airbus Defense and Space S.A. (Formerly Known as
Construcciones Aeronauticas, S.A.): Amendment 39-19527; Docket No.
FAA-2018-0805; Product Identifier 2018-NM-103-AD.
(a) Effective Date
This AD is effective January 22, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus Defense and Space S.A. (formerly known
as Construcciones Aeronauticas, S.A.) Model CN-235, CN-235-200, and
CN-235-300 airplanes, all manufacturer serial numbers, certificated
in any category, with an original certificate of airworthiness or
original export certificate of airworthiness issued on or before
March 20, 2018. This AD does not apply to Model CN-235-300 airplanes
in a Maritime Patrol (SM01) configuration.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Reason
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. We are 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) Maintenance or Inspection Program Revision
Within 90 days after the effective date of this AD, revise the
maintenance or inspection program, as applicable, to incorporate the
information specified in Airbus Defence and Space Technical Document
DT-86-3001, CN-235 Airworthiness Limitations List, Issue R, dated
March 20, 2018. The initial compliance times for doing the tasks are
at the applicable times specified in Airbus Defence and Space
Technical Document DT-86-3001, CN-235 Airworthiness Limitations
List, Issue R, dated March 20, 2018, or within 90 days after the
effective date of this AD, whichever occurs later.
(h) No Alternative Actions or Intervals
After accomplishment of the revision required by paragraph (g)
of this AD, no alternative actions (e.g., inspections) or intervals,
may be used unless the actions or intervals are approved as an
alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (i)(1) of this AD.
(i) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards 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 local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (j)(2) of this AD. Information
may be emailed to: [email protected]. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (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.
(j) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2018-0134, dated June 25, 2018, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2018-0805.
(2) For more information about this AD, contact Shahram
Daneshmandi, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax 206-231-3220.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this
[[Page 64443]]
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) Airbus Defence and Space Technical Document DT-86-3001, CN-
235 Airworthiness Limitations List, Issue R, dated March 20, 2018.
(ii) [Reserved]
(3) For service information identified in this AD, contact
Airbus Defense and Space, Services/Engineering Support, Avenida de
Arag[oacute]n 404, 28022 Madrid, Spain; telephone: +34 91 585 55 84;
fax: +34 91 585 31 27; email: [email protected].
(4) You may view this service information at the FAA, Transport
Standards 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 service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on November 29, 2018.
James Cashdollar,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-26621 Filed 12-14-18; 8:45 am]
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