[Federal Register Volume 86, Number 150 (Monday, August 9, 2021)]
[Proposed Rules]
[Pages 43437-43440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16686]


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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]
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) 
2018-25-16, which applies to certain Airbus Defense and Space S.A. 
Model CN-235, CN-235-200, and CN-235-300 airplanes. AD 2018-25-16 
requires 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 proposed AD would 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 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 September 
23, 2021.

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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For EASA 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 [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, 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 on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0621.

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-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 NPRM, 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, International Validation Branch, FAA, 
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3220; email [email protected].

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-2021-0621; Project Identifier 
MCAI-2020-01517-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 
the 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 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report

[[Page 43438]]

summarizing each substantive verbal contact received about this 
proposed AD.

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, 
International Validation Branch, FAA, 2200 South 216th St., Des Moines, 
WA 98198; telephone and fax 206-231-3220; email 
[email protected]. 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 2018-25-16, Amendment 39-19527 (83 FR 64441, 
December 17, 2018) (AD 2018-25-16), for certain Airbus Defense and 
Space S.A. Model CN-235, CN-235-200, and CN-235-300 airplanes. AD 2018-
25-16 requires revising the existing maintenance or inspection program, 
as applicable, to incorporate new or more restrictive airworthiness 
limitations. The FAA issued AD 2018-25-16 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.

Actions Since AD 2018-25-16 Was Issued

    Since the FAA issued AD 2018-25-16, the FAA has determined that new 
or more restrictive airworthiness limitations, including inspections 
for discrepancies (cracking) of certain structural elements, are 
necessary.
    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 Mandatory Continuing 
Airworthiness Information, or 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. EASA AD 2020-0251 states that it 
requires repetitive inspections of certain structural elements, which 
are currently specified in an alert operators transmission (AOT). EASA 
AD 2020-0251 further states that those inspections will be added to the 
airworthiness limitations document when that document is next revised. 
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; this AD 
therefore does not include those airplanes in the requirement to revise 
the existing maintenance or inspection program.
    This proposed 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 proposing 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.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0251 describes 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.

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 the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is proposing this AD 
because the FAA has 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 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, which are specified in EASA AD 2020-0251 described previously, 
as proposed for incorporation by reference. Any differences with EASA 
AD 2020-0251 are identified as exceptions in the regulatory text of 
this AD.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections). 
Compliance with these actions is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an alternative method of compliance (AMOC) according to 
paragraph (k)(1) 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 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 2020-0251 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2020-0251 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

[[Page 43439]]

``Required Action(s) and Compliance Time(s)'' in the EASA AD. Service 
information specified in EASA AD 2020-0251 that is required for 
compliance with EASA AD 2020-0251 will be available on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-0621 after the FAA final rule is published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the 
primary source of information for compliance with corresponding FAA ADs 
has been limited to certain MCAI ADs (primarily those with service 
bulletins as the primary source of information for accomplishing the 
actions required by the FAA AD). However, the FAA is now expanding the 
process to include MCAI ADs that require a change to airworthiness 
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes 
airworthiness limitations, the FAA requirements are unchanged. 
Operators must revise the existing maintenance or inspection program, 
as applicable, to incorporate the information specified in the new 
airworthiness limitation document. The airworthiness limitations must 
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a 
paragraph that specified that no alternative actions (e.g., 
inspections), or intervals, may be used unless the actions and 
intervals are approved as an AMOC in accordance with the procedures 
specified in the AMOCs paragraph under ``Other FAA Provisions.'' This 
new format includes a ``New Provisions for Alternative Actions and 
Intervals'' paragraph that does not specifically refer to AMOCs, but 
operators may still request an AMOC to use an alternative action or 
interval.

Costs of Compliance

    The FAA estimates that this proposed AD affects 8 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this 
proposed 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 
proposed 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 proposed 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 proposed 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

    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) 2018-25-16, Amendment 39-19527 
(83 FR 64441, December 17, 2018); and
0
b. Adding the following new AD:

Airbus Defense and Space S.A. (Formerly Known as Construcciones 
Aeronauticas, S.A.): Docket No. FAA-2021-0621; Project Identifier 
MCAI-2020-01517-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 23, 2021.

(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, with an original airworthiness certificate or original 
export certificate of airworthiness issued on or before March 20, 
2018.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks; and 53, Fuselage.

[[Page 43440]]

(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 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) Other 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 (l)(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 
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

    (1) For EASA AD 2020-0251, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; 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, 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 on the 
internet at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2021-0621.
    (2) 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 
[email protected].

    Issued on July 30, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-16686 Filed 8-6-21; 8:45 am]
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