AD 2018-25-16

[Federal Register Volume 83, Number 241 (Monday, December 17, 2018)]
[Rules and Regulations]
[Pages 64441-64443]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2018-26621]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0805; Product Identifier 2018-NM-103-AD; Amendment 
39-19527; AD 2018-25-16]
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: We are adopting a new airworthiness directive (AD) for certain 
Airbus Defense and Space S.A. Model CN-235, CN-235-200 and CN-235-300 
airplanes. This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. This AD requires 
revising the maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations. We are 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective January 22, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 22, 
2019.

ADDRESSES: For service information identified in this final rule, 
contact Airbus Defense and Space, Services/Engineering Support, Avenida 
de Arag[oacute]n 404, 28022 Madrid, Spain; telephone +34 91 585 55 84; 
fax +34 91 585 31 27; email <a href="/cdn-cgi/l/email-protection#ace1f8ed82f8c9cfc4c2c5cfcdc0ffc9dedac5cfc9eccdc5deced9df82cfc3c1"><span class="__cf_email__" data-cfemail="024f56432c5667616a6c6b61636e516770746b616742636b706077712c616d6f">[email&#160;protected]</span></a>. You may 
view this service information at the FAA, Transport Standards 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 on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching 
for and locating Docket No. FAA-2018-0805.

Examining the AD Docket

    You may examine the AD docket on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2018-
0805; 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 regulatory evaluation, any comments received, and 
other information. The address for Docket Operations (phone: 800-647-
5527) 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, International Section, Transport Standards Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3220.

SUPPLEMENTARY INFORMATION: 

Discussion

    We 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 CN-235, CN-235-200 and CN-235-300 airplanes. The NPRM 
published in the Federal Register on October 9, 2018 (83 FR 50539). The 
NPRM was prompted by a determination that new or more restrictive 
airworthiness limitations are necessary. The NPRM proposed to require 
revising the maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations.
    We are 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.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2018-0134, dated June 25, 2018 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition for certain Airbus Defense and Space S.A. Model CN-
235, CN-235-200, and CN-235-300 airplanes. The MCAI states:

    The airworthiness limitations and/or certification maintenance 
instructions for the EADS-CASA CN-235 aeroplanes, which are approved 
by EASA, are currently defined and published in the Airbus D&S CN-
235 ALL [Airworthiness Limitations List] DT-86-3001 document. These 
instructions have been identified as mandatory for continued 
airworthiness.
    Failure to accomplish these instructions could result in an 
unsafe condition [i.e., fatigue cracking, damage, and corrosion in 
principal structural elements, which could result in reduced 
structural integrity of the airplane].
    For the reason described above, this [EASA] AD requires 
accomplishment of the actions specified in the ALL.

    You may examine the MCAI in the AD docket on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2018-
0805.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. We received no comments on the NPRM or on the 
determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this final rule as proposed, 
except for minor editorial changes. We have determined that these minor 
changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Airbus Defence and Space has issued Technical Document DT-86-3001, 
CN-235 Airworthiness Limitations List, Issue R, dated March 20, 2018. 
This service information describes airworthiness limitations for 
airplane systems, structural inspections, safe life structural items, 
and safe life system items.
    This service information 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

    We estimate that this AD affects 9 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:
    We have determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although we 
recognize that this number may vary from operator to operator. In the 
past, we have estimated that this action takes 1 work-hour per 
airplane. Since operators incorporate maintenance or inspection program 
changes for their affected fleet(s), we

[[Page 64442]]

have determined that a per-operator estimate is more accurate than a 
per-airplane estimate. Therefore, we estimate the total cost per 
operator to be $7,650 (90 work-hours x $85 per work-hour).

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.
    We are 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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes and 
associated appliances to the Director of the System Oversight Division.

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) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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 (AD):

2018-25-16 Airbus Defense and Space S.A. (Formerly Known as 
Construcciones Aeronauticas, S.A.): Amendment 39-19527; Docket No. 
FAA-2018-0805; Product Identifier 2018-NM-103-AD.

(a) Effective Date

    This AD is effective January 22, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Defense and Space S.A. (formerly known 
as Construcciones Aeronauticas, S.A.) Model CN-235, CN-235-200, and 
CN-235-300 airplanes, all manufacturer serial numbers, certificated 
in any category, with an original certificate of airworthiness or 
original export certificate of airworthiness issued on or before 
March 20, 2018. This AD does not apply to Model CN-235-300 airplanes 
in a Maritime Patrol (SM01) configuration.

(d) Subject

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

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. We are 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) Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, to incorporate the 
information specified in Airbus Defence and Space Technical Document 
DT-86-3001, CN-235 Airworthiness Limitations List, Issue R, dated 
March 20, 2018. The initial compliance times for doing the tasks are 
at the applicable times specified in Airbus Defence and Space 
Technical Document DT-86-3001, CN-235 Airworthiness Limitations 
List, Issue R, dated March 20, 2018, or within 90 days after the 
effective date of this AD, whichever occurs later.

(h) No Alternative Actions or Intervals

    After accomplishment of the revision required by paragraph (g) 
of this AD, no alternative actions (e.g., inspections) or intervals, 
may be used unless the actions or intervals are approved as an 
alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (i)(1) of this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards 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 local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Section, send it to the attention of 
the person identified in paragraph (j)(2) of this AD. Information 
may be emailed to: <a href="/cdn-cgi/l/email-protection#84bda9c5cac9a9b5b5b2a9c5c9cbc7a9d6c1d5d1c1d7d0d7c4e2e5e5aae3ebf2"><span class="__cf_email__" data-cfemail="6851452926254559595e452925272b453a2d393d2d3b3c3b280e0909460f071e">[email&#160;protected]</span></a>. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or the European Aviation 
Safety Agency (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.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2018-0134, dated June 25, 2018, for related 
information. This MCAI may be found in the AD docket on the internet 
at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket 
No. FAA-2018-0805.
    (2) For more information about this AD, contact Shahram 
Daneshmandi, Aerospace Engineer, International Section, Transport 
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3220.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this

[[Page 64443]]

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) Airbus Defence and Space Technical Document DT-86-3001, CN-
235 Airworthiness Limitations List, Issue R, dated March 20, 2018.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Airbus Defense and Space, Services/Engineering Support, Avenida de 
Arag[oacute]n 404, 28022 Madrid, Spain; telephone: +34 91 585 55 84; 
fax: +34 91 585 31 27; email: <a href="/cdn-cgi/l/email-protection#a6ebf2e788f2c3c5cec8cfc5c7caf5c3d4d0cfc5c3e6c7cfd4c4d3d588c5c9cb"><span class="__cf_email__" data-cfemail="49041d08671d2c2a2127202a28251a2c3b3f202a2c0928203b2b3c3a672a2624">[email&#160;protected]</span></a>.
    (4) You may view this service information at the FAA, Transport 
Standards 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 service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Des Moines, Washington, on November 29, 2018.
James Cashdollar,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-26621 Filed 12-14-18; 8:45 am]
 BILLING CODE 4910-13-P