[Federal Register Volume 84, Number 222 (Monday, November 18, 2019)]
[Proposed Rules]
[Pages 63580-63582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24708]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 84, No. 222 / Monday, November 18, 2019 / 
Proposed Rules  

[[Page 63580]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0869; Product Identifier 2019-NM-162-AD]
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) 
2017-19-08 and AD 2018-19-02, which apply to Airbus Defense and Space 
S.A. Model C-212-CB, C-212-CC, C-212-CD, C-212-CE, and C-212-DF 
airplanes. AD 2018-19-02 requires repetitive inspections of the rudder 
pedal control system support box and shaft and applicable corrective 
actions; accomplishing those actions terminates the requirements of AD 
2017-19-08. Since AD 2018-19-02 was issued, the FAA has determined that 
a modification must be done in order to address the unsafe condition. 
This proposed AD would continue to require repetitive inspections and 
applicable corrective actions; this proposed AD would also require a 
modification of the rudder pedal adjustment system; as specified in a 
European Union Aviation Safety Agency (EASA) AD, which will be 
incorporated 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 January 2, 
2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     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.
     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 the material identified in this proposed AD that will be 
incorporated by reference (IBR), contact the EASA, Konrad-Adenauer-Ufer 
3, 50668 Cologne, Germany; telephone +49 221 89990 1000; email 
[email protected]; internet www.easa.europa.eu. You may find this IBR 
material on the EASA website at https://ad.easa.europa.eu. You may view 
this IBR material 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 in the AD 
docket on the internet at https://www.regulations.gov by searching for 
and locating Docket No. FAA-2019-0869.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0869; 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 regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations is listed above. 
Comments will be available in the AD docket shortly after receipt.

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: 

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 the ADDRESSES section. Include ``Docket No. FAA-2019-0869; 
Product Identifier 2019-NM-162-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM based on those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Discussion

    The FAA issued AD 2018-19-02, Amendment 39-19402 (83 FR 46857, 
September 17, 2018) (``AD 2018-19-02''), which applied to certain 
Airbus Defense and Space S.A. Model C-212-CB, C-212-CC, C-212-CD, C-
212-CE, and C-212-DF airplanes. AD 2018-19-02 requires repetitive 
inspections of the rudder pedal control system support box and shaft 
and applicable corrective actions. The FAA issued AD 2018-19-02 to 
address failure of the rudder pedal control system support structure, 
which could result in reduced controllability of the airplane. 
Accomplishing the actions required by AD 2018-19-02 terminates all of 
the requirements of AD 2017-19-08, Amendment 39-19038 (82 FR 43835, 
September 20, 2017) (``AD 2017-19-08''). This proposed AD would 
supersede both AD 2017-19-08 and AD 2018-19-02.

Actions Since AD 2018-19-02 Was Issued

    Since AD 2018-19-02 was issued, the FAA has determined that a 
modification must be done in order to address the unsafe condition.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0221, dated September 5, 2019 
(``EASA AD 2019-0221'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``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-DD, C-212-DF, and C-212-EE airplanes. 
Model C-212-DD and C-212-EE airplanes are not certified by the FAA and 
are not included on the U.S. type certificate

[[Page 63581]]

data sheet; this proposed AD therefore does not include those airplanes 
in the applicability. EASA AD 2019-0221 supersedes EASA AD 2018-0051, 
dated March 2, 2018 (which corresponds to FAA AD 2018-19-02).
    This proposed AD was prompted by a determination that a 
modification must be done in order to address the unsafe condition. The 
FAA is proposing this AD to address failure of the rudder pedal control 
system support structure, which could result in reduced controllability 
of the airplane. See the MCAI for additional background information.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0221 describes procedures for repetitive inspections 
of the rudder pedal control system support box and shaft, and a 
modification of the rudder pedal adjustment system. The modification is 
the applicable corrective action and is also terminating action for 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 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 a bilateral agreement with the State of Design Authority, the FAA 
has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is proposing this AD because the agency 
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 accomplishing the actions specified 
in EASA AD 2019-0221 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD. Accomplishing the modification of the 
rudder pedal adjustment system specified in EASA AD 2019-0221 would 
terminate the repetitive inspections specified in EASA AD 2019-0221.

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 2019-0221 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2019-0221 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 ``Required Action(s) 
and Compliance Time(s)'' in the EASA AD. Service information specified 
in EASA AD 2019-0221 that is required for compliance with EASA AD 2019-
0221 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2019-0869 after the FAA 
final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 37 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 2018-19-02...  8 work-hours x $85 per                $0            $680         $25,160
                                         hour = $680.
New proposed actions..................  9 work-hours x $85 per            20,000          20,765         768,305
                                         hour = $765.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need this on-condition action:

                 Estimated Costs of On-Condition Action
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
9 work-hours x $85 per hour = $765....         $20,000          $20,765
------------------------------------------------------------------------

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.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance

[[Page 63582]]

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

    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) 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 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 removing Airworthiness Directive (AD) 
2017-19-08, Amendment 39-19038 (82 FR 43835, September 20, 2017) and AD 
2018-19-02, Amendment 39-19402 (83 FR 46857, September 17, 2018), and 
adding the following new AD:

Airbus Defense and Space S.A. (Formerly Known as Construcciones 
Aeronauticas, S.A.): Docket No. FAA-2019-0869; Product Identifier 
2019-NM-162-AD.

(a) Comments Due Date

    The FAA must receive comments by January 2, 2020.

(b) Affected ADs

    This AD replaces AD 2017-19-08, Amendment 39-19038 (82 FR 43835, 
September 20, 2017) and AD 2018-19-02, Amendment 39-19402 (83 FR 
46857, September 17, 2018).

(c) Applicability

    This AD applies to Airbus Defense and Space S.A. Model C-212-CB, 
C-212-CC, C-212-CD, C-212-CE, and C-212-DF airplanes, certificated 
in any category, as identified in European Union Aviation Safety 
Agency (EASA) AD 2019-0221, dated September 5, 2019 (``EASA AD 2019-
0221'').

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
Controls.

(e) Reason

    This AD was prompted by reports of failures of the rudder pedal 
control system support structure. The FAA is issuing this AD to 
address failure of the rudder pedal control system support 
structure, which could result in reduced controllability 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 2019-0221.

(h) Exceptions to EASA AD 2019-0221

    (1) Where EASA AD 2019-0221 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0221 does not apply 
to 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 instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards 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.

(j) Related Information

    (1) For information about EASA AD 2019-0221, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
89990 6017; email [email protected]; Internet www.easa.europa.eu. 
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this material 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. This material may be found in the AD docket on the 
internet at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2019-0869.
    (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.

    Issued in Des Moines, Washington, on November 6, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-24708 Filed 11-15-19; 8:45 am]
 BILLING CODE 4910-13-P