[Federal Register Volume 87, Number 106 (Thursday, June 2, 2022)]
[Proposed Rules]
[Pages 33457-33460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11802]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0595; Project Identifier MCAI-2021-01180-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) AD 
2021-16-07, which applies 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. AD 2021-16-07 requires repetitive inspections of 
the left-hand (LH) and right-hand (RH) side center wing fairings at a 
certain frame, around the wing leading edge for discrepancies (cracks), 
and repair if necessary. Since the FAA issued AD 2021-16-07, a 
modification was developed to reinforce the structure in the affected 
area, providing an optional terminating action for the repetitive 
inspections required by AD 2021-16-07. This proposed AD would continue 
to require the actions in AD 2021-16-07 and would allow new optional 
terminating action for the repetitive inspections, 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 July 18, 
2022.

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 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 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-2022-0595.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0595; 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 
mandatory continuing airworthiness information (MCAI), 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, FAA, International Validation Branch, 
2200 South 216th St., Des Moines, WA 98198; telephone 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-2022-0595; Project Identifier 
MCAI-2021-01180-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 
this 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 summarizing each 
substantive verbal contact received about this NPRM.

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, FAA, 
International Validation Branch, 2200 South 216th St., Des Moines, WA 
98198; telephone 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 2021-16-07, Amendment 39-21669 (86 FR 47210, 
August 24, 2021) (AD 2021-16-07), which applies to certain Airbus 
Defense and Space S.A. Model C-212-CB, C-

[[Page 33458]]

212-CC, C-212-CD, C-212-CE, C-212-CF, C-212-DE, and C-212-DF airplanes. 
AD 2021-16-07 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. The FAA issued AD 
2021-16-07 to address cracks on the LH and RH side fuselage skin and on 
frame (FR) 5 underneath the skin, near the leading edge of the wing, 
which could affect the structural integrity of the airplane.

Actions Since AD 2021-16-07 Was Issued

    Since the FAA issued AD 2021-16-07, a modification was developed to 
reinforce the structure in the affected area, which is an optional 
terminating action for the repetitive inspections required by AD 2021-
16-07.
    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0182R1, dated October 29, 2021 
(EASA AD 2020-0182R1) (also referred to as 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.
    This proposed AD was prompted by a report of cracks on the LH and 
RH side fuselage skin and on a certain frame underneath the skin, near 
the leading edge of the wing, and the development of a modification to 
reinforce the structure in the affected area. The FAA is proposing 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.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2021-16-07, this proposed AD would retain all of the 
requirements of AD 2021-16-07. Those requirements are referenced in 
EASA AD 2020-0182R1, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0182R1 specifies 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, and 
for a modification to reinforce the structure in the affected area, 
which terminates 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

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with the State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI referenced above. The FAA is issuing this NPRM after 
determining that the unsafe condition described previously is likely to 
exist or develop in other products of these same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2020-0182R1 described previously, except for any differences 
identified as exceptions in the regulatory text 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 developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to incorporate EASA AD 2020-0182R1 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2020-0182R1 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 EASA AD 2020-0182R1 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 EASA AD 2020-
0182R1. Service information required by EASA AD 2020-0182R1 for 
compliance will be available at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0595 after the FAA final 
rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 45 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      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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Retained actions from AD 2021-16-07...  3 work-hours x $85 per                $0            $255         $11,475
                                         hour = $255.
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    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition repairs specified in this proposed AD.

                  Estimated Costs for Optional Actions
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          Labor cost             Parts cost         Cost per product
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Up to 29 work-hours x $85 per         $14,464  Up to $16,929.
 hour = $2,465.
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[[Page 33459]]

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) 2021-16-07, Amendment 39-21669 
(86 FR 47210, August 24, 2021); and
0
b. Adding the following new AD:

Airbus Defense and Space S.A. (Formerly Known as Construcciones 
Aeronauticas, S.A.): Docket No. FAA-2022-0595; Project Identifier 
MCAI-2021-01180-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by July 18, 2022.

(b) Affected ADs

    This AD replaces AD 2021-16-07, Amendment 39-21669 (86 FR 47210, 
August 24, 2021) (AD 2021-16-07).

(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 2020-0182R1, dated October 29, 2021 
(EASA AD 2020-0182R1).

(d) Subject

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

(e) Unsafe Condition

    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, and the 
development of a modification to reinforce the structure in the 
affected area. 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 2020-0182R1.

(h) Exceptions to EASA AD 2020-0182R1

    (1) Where EASA AD 2020-0182R1 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2020-0182R1 refers to refers to August 27, 
2020 (the effective date of EASA AD 2020-0182), this AD requires 
using September 28, 2021 (the effective date of AD 2021-16-07).
    (3) Where paragraph (2) of EASA AD 2020-0182R1 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.
    (4) The ``Remarks'' section of EASA AD 2020-0182R1 does not 
apply to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-
0182R1 specifies to submit certain information to the manufacturer, 
this AD does not include that requirement.

(j) Additional 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)(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.

(k) Related Information

    (1) For EASA AD 2020-0182R1, 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 at https://www.regulations.gov by searching for and locating Docket No. FAA-
2022-0595.
    (2) For more information about this AD, contact Shahram 
Daneshmandi, Aerospace Engineer, Large Aircraft Section, FAA, 
International Validation Branch, 2200 South 216th St., Des Moines, 
WA 98198; telephone 206-231-3220; email [email protected].


[[Page 33460]]


    Issued on May 25, 2022.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-11802 Filed 6-1-22; 8:45 am]
BILLING CODE 4910-13-P