[Federal Register Volume 87, Number 164 (Thursday, August 25, 2022)]
[Rules and Regulations]
[Pages 52330-52332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18322]


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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; 
Amendment 39-22144; AD 2022-17-06]
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) 2021-16-
07, which applied 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 required 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. This AD was prompted by a modification 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 AD continues to require the actions in AD 2021-16-07 and 
allows new optional terminating action for the repetitive inspections, 
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 29, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
29, 2022.

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 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 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, FAA, International Validation Branch, 
2200 South 216th St., Des Moines, WA 98198; telephone 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 2020-0182R1, 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.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2021-16-07, Amendment 39-21669 (86 FR 
47210, August 24, 2021) (AD 2021-16-07). AD 2021-16-07 applied to 
certain Airbus Defense and Space S.A. Model C-212-CB, C-212-CC, C-212-
CD, C-212-CE,

[[Page 52331]]

C-212-CF, C-212-DE, and C-212-DF airplanes. The NPRM published in the 
Federal Register on June 2, 2022 (87 FR 33457). The NPRM 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 NPRM proposed to continue to require the actions in 
AD 2021-16-07 and to allow new optional terminating action for the 
repetitive inspections, as specified in EASA AD 2020-0182R1.
    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.

Discussion of Final Airworthiness Directive

Comments

    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 
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 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 2020-0182R1 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.

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
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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 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 hour         $14,464  Up to $16,929.
 = $2,465.
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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) 2021-16-07, Amendment 39-21669 
(86 FR 47210, August 24, 2021); and
0
b. Adding the following new AD:

2022-17-06 Airbus Defense and Space S.A. (Formerly Known as 
Construcciones Aeronauticas, S.A.): Amendment 39-22144; Docket No. 
FAA-2022-0595; Project Identifier MCAI-2021-01180-T.

[[Page 52332]]

(a) Effective Date

    This airworthiness directive (AD) is effective September 29, 
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 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 Design Organization Approval (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, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone 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 2020-0182R1, 
dated October 29, 2021.
    (ii) [Reserved]
    (3) 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.
    (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 August 4, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-18322 Filed 8-24-22; 8:45 am]
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