[Federal Register Volume 87, Number 7 (Tuesday, January 11, 2022)]
[Rules and Regulations]
[Pages 1333-1335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28579]



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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; 
Amendment 39-21849; AD 2021-25-06]
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: The FAA is superseding Airworthiness Directive (AD) 2018-25-
16, which applied to certain Airbus Defense and Space S.A. Model CN-
235, CN-235-200, and CN-235-300 airplanes. AD 2018-25-16 required 
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 AD requires revising the existing 
maintenance or inspection program, as applicable, to incorporate 
additional 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 incorporated by 
reference. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective February 15, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 15, 
2022.

ADDRESSES: For EASA 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 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 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 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 final rule, the 
mandatory continuing airworthiness information (MCAI), 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; telephone 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, has issued EASA AD 2020-0251, dated November 11, 2020 
(EASA AD 2020-0251) (also referred to as 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.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2018-25-16, Amendment 39-19527 (83 FR 
64441, December 17, 2018) (AD 2018-25-16). AD 2018-25-16 applied 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 August 
9, 2021 (86 FR 43437). The NPRM was prompted by a determination that 
additional new or more restrictive airworthiness limitations, including 
inspections for discrepancies (cracking) of certain structural 
elements, are necessary. The NPRM proposed to 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 EASA AD 
2020-0251.
    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. See the MCAI for additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

Additional Changes Made to This AD

    The FAA has revised paragraph (c) of this AD to remove the 
inadvertent reference to an airplane's original airworthiness 
certificate or original export certificate of airworthiness issued on 
or before March 20, 2018, from the applicability. As explained in the 
preamble of the NPRM, the intention was to follow the EASA AD 2020-
0251's intent. None of the airplanes in the current U.S. fleet have an 
original airworthiness certificate or original export certificate of 
airworthiness issued after March 20, 2018. This change does not add any 
further requirements on any airplane on the U.S. registry, therefore, 
re-opening the public comment period to provide notice and opportunity 
for prior public comment are unnecessary, pursuant to 5 U.S.C 
553(b)(3). However, paragraphs (h)(5) and (6) of this AD do retain the 
reference to an airplane's original airworthiness certificate or 
original export certificate of airworthiness issued on or before March 
20, 2018. Those paragraphs state the FAA requirements in regards to 
maintenance or inspection program revisions to incorporate 
airworthiness limitations and are separate from the repetitive 
inspections that apply to all airplanes. 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. Therefore, this AD 
does not include those airplanes in the requirement to revise the 
existing maintenance or inspection program.

Conclusion

    The FAA reviewed the relevant data, and determined that air safety 
requires adopting this AD as proposed. Except for minor editorial 
changes, and any other changes described previously, this AD is adopted 
as proposed in the NPRM. None of the changes will increase the economic 
burden on any

[[Page 1334]]

operator. Accordingly, the FAA is issuing this AD to address the unsafe 
condition on these products.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0251 specifies 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.

Costs of Compliance

    The FAA estimates that this AD affects 8 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this 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 
actions to be $7,650 (90 work-hours x $85 per work-hour).

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
New inspections.......................  60 work-hours x $85 per               $0          $5,100         $40,800
                                         hour = $5,100.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition actions 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.

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:
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:

2021-25-06 Airbus Defense and Space S.A. (Formerly Known as 
Construcciones Aeronauticas, S.A.): Amendment 39-21849; Docket No. 
FAA-2021-0621; Project Identifier MCAI-2020-01517-T.

(a) Effective Date

    This airworthiness directive (AD) is effective February 15, 
2022.

(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.

(d) Subject

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

(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

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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) Additional 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) 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

    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].

(m) 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 2020-0251, 
dated November 11, 2020.
    (ii) [Reserved]
    (3) 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.
    (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.
    (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 December 2, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-28579 Filed 1-10-22; 8:45 am]
BILLING CODE 4910-13-P