AD 2021-02-18

[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Rules and Regulations]
[Pages 10740-10742]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-03570]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1020; Project Identifier MCAI-2020-00988-T; 
Amendment 39-21401; AD 2021-02-18]
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 adopting a new airworthiness directive (AD) for all 
Airbus Defense and Space S.A. Model CN-235, CN-235-100, CN-235-200, and 
CN-235-300 airplanes and Model C-295 airplanes. This AD was prompted by 
cracks found on certain left- and right-hand stringers in a certain 
area of the fuselage. This AD requires repetitive inspections for 
cracking or broken rivets of certain left- and right-hand stringers and 
surrounding structure, 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 March 30, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 30, 
2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD, 
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#17565364577276647639726265786776397262"><span class="__cf_email__" data-cfemail="a2e3e6d1e2c7c3d1c38cc7d7d0cdd2c38cc7d7">[email&#160;protected]</span></a>; internet 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a> 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://

[[Page 10741]]

www.regulations.gov by searching for and locating Docket No. FAA-2020-
1020.

Examining the AD Docket

    You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2020-
1020; 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; telephone and fax 206-231-
3220; email <a href="/cdn-cgi/l/email-protection#26554e474e54474b0842474843554e4b4748424f6640474708414950"><span class="__cf_email__" data-cfemail="8cffe4ede4feede1a2e8ede2e9ffe4e1ede2e8e5cceaededa2ebe3fa">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0159, dated July 16, 2020 (EASA 
AD 2020-0159) (also referred to as the Mandatory Continuing 
Airworthiness Information, or 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 and Model C-295 airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Airbus Defense and 
Space S.A. Model CN-235, CN-235-100, CN-235-200, and CN-235-300 
airplanes and Model C-295 airplanes. The NPRM published in the Federal 
Register on November 10, 2020 (85 FR 71583). The NPRM was prompted by 
cracks found on certain left- and right-hand stringers in a certain 
area of the fuselage. The NPRM proposed to require repetitive 
inspections for cracking or broken rivets of certain left- and right-
hand stringers and surrounding structure, and repair if necessary, as 
specified in an EASA AD.
    The FAA is issuing this AD to address such cracking in the 
stringers, which could result in reduced 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 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 
and the public interest require adopting this final rule as proposed, 
except for minor editorial changes. The FAA has 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

    EASA AD 2020-0159 describes procedures for repetitive detailed 
visual (DET) or high frequency eddy current inspections of the stringer 
P0a and P0a' at the riveted line of the attachment to the gusset and 
along the stringer head, in particular at the area of the last 
attachment of the gusset to the stringer in the midpoint between frame 
(FR) 43 and FR44, repetitive DET inspections for fatigue cracks of the 
fuselage skin, along the stringers' footprint and surrounding structure 
and the attachment of the gusset to the FR43; repetitive DET 
inspections for fatigue cracks of the actuator bracket on FR43, along 
the radius of the vertical nerves, inner lug holes, and attachment 
holes of the bracket to FR43; repetitive DET inspections for fatigue 
cracks or broken rivets in the web and joint clips to skin and stringer 
of both sides of the frame between stringer P1d and P1d' (two stringers 
for each side from the central stringer P0a); repetitive DET 
inspections for fatigue cracks or broken rivets of the gussets, along 
the flange which joins FR43; and repair of any cracking or broken 
rivets.
    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.

Interim Action

    The FAA considers this AD interim action. If final action is later 
identified, the FAA might consider further rulemaking then.

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:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170...........................              $0             $170           $1,360
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data that enables providing cost 
estimates for the on-condition action 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:

[[Page 10742]]

    (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:

2021-02-18 Airbus Defense and Space S.A. (Formerly Known as 
Construcciones Aeronauticas, S.A.): Amendment 39-21401; Docket No. 
FAA-2020-1020; Project Identifier MCAI-2020-00988-T.

(a) Effective Date

    This airworthiness directive (AD) is effective March 30, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus Defense and Space S.A. Model CN-
235, CN-235-100, CN-235-200, and CN-235-300 airplanes and Model C-
295 airplanes, certificated in any category.

(d) Subject

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

(e) Reason

    This AD was prompted by cracks found on certain left- and right-
hand stringers in the area of frame (FR) 43 of the fuselage. The FAA 
is issuing this AD to address such cracking in the stringers, which 
could result in reduced 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, European Union Aviation Safety Agency (EASA) AD 
2020-0159, dated July 16, 2020 (EASA AD 2020-0159).

(h) Exceptions to EASA AD 2020-0159

    (1) Where EASA AD 2020-0159 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0159 does not apply 
to this AD.
    (3) Where EASA AD 2020-0159 lists a compliance time of ``during 
the next A-check, or within 300 FH [flight hours] after the 
effective date of this AD, whichever occurs later,'' this AD 
requires using a compliance time of within 300 FH after the 
effective date of this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0159 
specifies to submit certain information to the manufacturer, 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 local Flight 
Standards District 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: <a href="/cdn-cgi/l/email-protection#350c1874636618747c67180206051874787a76755354541b525a43"><span class="__cf_email__" data-cfemail="764f5b3720255b373f245b4145465b373b39353610171758111900">[email&#160;protected]</span></a>. 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, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3220; email <a href="/cdn-cgi/l/email-protection#5d2e353c352f3c3073393c33382e35303c3339341d3b3c3c733a322b"><span class="__cf_email__" data-cfemail="aad9c2cbc2d8cbc784cecbc4cfd9c2c7cbc4cec3eacccbcb84cdc5dc">[email&#160;protected]</span></a>.

(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 2020-0159, 
dated July 16, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0159, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#0445407744616577652a6171766b74652a6171"><span class="__cf_email__" data-cfemail="e1a0a592a184809280cf8494938e9180cf8494">[email&#160;protected]</span></a>; internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>.
    (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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching 
for and locating Docket No. FAA-2020-1020.
    (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 
<a href="/cdn-cgi/l/email-protection#2f494a4b5d4a4801434a484e436f414e5d4e01484059"><span class="__cf_email__" data-cfemail="80e6e5e4f2e5e7aeece5e7e1ecc0eee1f2e1aee7eff6">[email&#160;protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued on January 14, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-03570 Filed 2-22-21; 8:45 am]
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