[Federal Register Volume 86, Number 161 (Tuesday, August 24, 2021)]
[Rules and Regulations]
[Pages 47210-47212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18082]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0141; Project Identifier MCAI-2020-01162-T; 
Amendment 39-21669; AD 2021-16-07]
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: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) 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-DE, and C-212-DF airplanes. This AD was 
prompted by a report of cracks on the left-hand (LH) and right-hand 
(RH) side fuselage skin and on a certain frame underneath the skin, 
near the leading edge of the wing. This AD 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, as specified in a European Union Aviation Safety 
Agency (EASA) AD, which is incorporated by reference. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective September 28, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
28, 2021.

ADDRESSES: For material 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-2021-0141.

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-
0141; 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, 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, Large Aircraft Section, International Validation Branch, FAA, 
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3220; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, issued EASA AD 2020-0182, dated August 13, 2020 (EASA 
AD 2020-0182) (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-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.
    The FAA 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 C-212-CB, C-212-CC, C-212-CD, C-212-CE, C-212-CF, 
C-212-DE, and C-212-DF airplanes. The NPRM was published in the Federal 
Register on March 11, 2021 (86 FR 13841). The NPRM was prompted by a 
report of cracks on the LH and RH side fuselage skin and on frame (FR) 
5 underneath the skin, near the leading edge of the wing. The NPRM 
proposed to require repetitive inspections of the LH and RH side center 
wing fairings at FR 5, around the wing leading edge for discrepancies 
(cracks), and repair if necessary, as specified in EASA AD 2020-0182.
    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. 
See the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response.

Request To Allow Special Flight Permits

    Ryan Air reported that it began detecting and repairing fuselage 
skin cracks on its fleet in 2018, and no new cracks have since been 
detected in more than 10,000 flight hours. Assuming the cracking did 
not all occur at the same time, Ryan Air questioned why the proposed AD 
would require repair before further flight. Ryan Air recommended that 
the proposed AD be revised to allow flying the airplane to a location 
where repairs can be made after finding cracks in this area.
    The FAA notes that 14 CFR 39.23 allows flight to a repair facility 
for every AD, if the operations specifications (ops specs) for a 
particular operator give that authority, unless they are specifically 
prohibited or limited in an AD. Any operator who does not have the 
authority in their ops specs may contact their local FAA Flight 
Standards District Office to receive a special flight permit. No change 
to the AD is necessary as a result of this comment.

Request To Allow Certain Approvals

    Ryan Air recommended that the proposed AD be revised to allow 
repairs approved by a part 25 structures designated engineering 
representative (DER). Ryan Air stated that repair approvals from Airbus 
Engineering and the FAA have taken four weeks or longer. Ryan Air 
asserted that grounding an airplane for more than a month--for a four-
day repair--would be an unreasonable economic burden on affected 
operators, who are mostly small business owners.
    The FAA disagrees with this request. This AD allows required 
repairs to be approved only by the FAA, EASA, or Airbus Defense and 
Space S.A.'s EASA Design Organization Approval (DOA). For approval by a 
part 25 structures DER for the corrective repair required by this AD, 
an operator must first request

[[Page 47211]]

approval of an alternative method of compliance (AMOC) in accordance 
with the procedures specified in paragraph (j)(1) of this AD. The FAA 
has not changed this AD as a result of this comment.

Conclusion

    The FAA reviewed the relevant data, considered the comment 
received, 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 Service Information Under 1 CFR Part 51

    EASA AD 2020-0182 describes 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. 
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 45 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.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
3 work-hours @$85 per hour = $255............................              $0             $255          $11,475
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition repairs specified in this 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

    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 adding the following new airworthiness 
directive:

2021-16-07 Airbus Defense and Space S.A. (Formerly Known as 
Construcciones Aeronauticas, S.A.): Amendment 39-21669; Docket No. 
FAA-2021-0141; Project Identifier MCAI-2020-01162-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 28, 
2021.

(b) Affected ADs

    None.

(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 2020-0182, dated August 13, 2020 
(EASA AD 2020-0182).

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    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. 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 2020-0182.

(h) Exceptions to EASA AD 2020-0182

    (1) Where EASA AD 2020-0182 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0182 does not apply 
to this AD.
    (3) Where paragraph (2) of EASA AD 2020-0182 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.

[[Page 47212]]

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0182 
specifies to submit certain information to the manufacturer in case 
of no finding, this AD does not include that requirement.

(j) 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 (k) 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 DOA. If approved by the DOA, the 
approval must include the DOA-authorized signature.

(k) Related Information

    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; phone and 
fax: 206-231-3220; email: [email protected].

(l) 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.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0182, 
dated August 13, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0182, 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.
    (4) 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-2021-0141.
    (5) 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 July 23, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-18082 Filed 8-23-21; 8:45 am]
BILLING CODE 4910-13-P