[Federal Register Volume 85, Number 39 (Thursday, February 27, 2020)]
[Rules and Regulations]
[Pages 11275-11277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03935]



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 Rules and Regulations
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  Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / 
Rules and Regulations  

[[Page 11275]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0869; Product Identifier 2019-NM-162-AD; Amendment 
39-19842; AD 2020-03-18]
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.

-----------------------------------------------------------------------

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2017-19-08 
and AD 2018-19-02, which applied 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 required repetitive inspections of the rudder pedal control 
system support box and shaft and applicable corrective actions; 
accomplishing those actions terminated the requirements of AD 2017-19-
08. This AD continues to require repetitive inspections and applicable 
corrective actions; and also requires a modification of the rudder 
pedal adjustment system; as specified in a European Union Aviation 
Safety Agency (EASA) AD, which is incorporated by reference. This AD 
was prompted by a determination that a modification must be done in 
order to address the unsafe condition. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective April 2, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 2, 
2020.

ADDRESSES: For the material incorporated by reference (IBR) in this AD, 
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 final rule, the regulatory evaluation, 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, International Section, Transport Standards Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3220; 
email [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    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 data sheet; this 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, Amendment 39-19402 (83 FR 46857, 
September 17, 2018) (``AD 2018-19-02'')).
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2017-19-08, Amendment 39-19038 (82 FR 
43835, September 20, 2017) (``AD 2017-19-08'') and AD 2018-19-02. AD 
2018-19-02 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. 
Accomplishing the actions required by AD 2018-19-02 terminated all of 
the requirements of AD 2017-19-08. The NPRM published in the Federal 
Register on November 18, 2019 (84 FR 63580). The NPRM was prompted by a 
determination that a modification must be done in order to address the 
unsafe condition. The NPRM proposed to continue to require repetitive 
inspections and applicable corrective actions. The NPRM also proposed 
to require a modification of the rudder pedal adjustment system.
    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. See the MCAI for additional background 
information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA received no comments on the NPRM or 
on the determination of the cost to the public.

Conclusion

    The FAA 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. The FAA has 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 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

[[Page 11276]]

rudder pedal adjustment system. The modification is 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.

Costs of Compliance

    The FAA estimates that this AD affects 37 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this 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 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.

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.

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 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:

2020-03-18 Airbus Defense and Space S.A. (Formerly Known as 
Construcciones Aeronauticas, S.A.): Amendment 39-19842; Docket No. 
FAA-2019-0869; Product Identifier 2019-NM-162-AD.

(a) Effective Date

    This AD is effective April 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

    For purposes of determining compliance with the requirements of 
this AD:
    (1) Where EASA AD 2019-0221 refers to its effective date, this 
AD requires using the effective date of this AD.

[[Page 11277]]

    (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) 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

    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; email [email protected].

(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 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.
    (3) The following service information was approved for IBR on 
April 2, 2020.
    (i) European Union Aviation Safety Agency (EASA) AD 2019-0221, 
dated September 5, 2019.
    (ii) [Reserved]
    (4) 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.
    (5) 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.
    (6) 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 
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 12, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-03935 Filed 2-26-20; 8:45 am]
 BILLING CODE 4910-13-P