Airworthiness Directives; Airbus Defense and Space S.A. (Formerly Known as Construcciones Aeronauticas, S.A.) Airplanes, 71583-71586 [2020-24876]
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Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / Proposed Rules
(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 2019–0080, dated
April 3, 2019 (EASA AD 2019–0080).
(h) Exceptions to EASA AD 2019–0080
(1) Where EASA AD 2019–0080 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) Where EASA AD 2019–0080 refers to
September 19, 2017 (the effective date of
EASA AD 2017–0165), this AD requires using
October 22, 2018 (the effective date of AD
2018–19–01).
(3) For Airbus Helicopters Model SA–
366G1 helicopters: Where EASA AD 2019–
0080 refers to ‘‘the instructions of the
applicable ASB,’’ use Airbus Helicopters
ASB No. SA366–05.48, Revision 0, dated July
21, 2017; or Airbus Helicopters ASB No.
SA366–05.48, Revision 1, dated March 27,
2019.
(4) Where EASA AD 2019–0080 refers to
Group 1 helicopters, for this AD, Model SA–
366G1 helicopters are considered Group 1
helicopters.
(5) Paragraph (5) of EASA AD 2019–0080
specifies to ‘‘contact AH [Airbus Helicopters]
for approved skin panel repair or
replacement instructions and accomplish
those instructions accordingly.’’ For this AD,
for any repair or replacement of the panel
done before the effective date of this AD, it
is not required to contact Airbus Helicopters.
For any repair or replacement of the panel
done on or after the effective date of this AD,
the repair or replacement must be done using
a method approved by the Manager,
Rotorcraft Standards Branch, FAA. For a
repair or replacement method to be approved
by the Manager, Rotorcraft Standards Branch,
FAA, as required by this paragraph, the
Manager’s approval letter must specifically
refer to this AD.
(6) The ‘‘Remarks’’ section of EASA AD
2019–0080 does not apply to this AD.
(7) Where EASA AD 2019–0080 refers to
flight hours (FH), this AD requires using
hours time-in-service.
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(i) Alternative Methods of Compliance
(AMOCs)
The Manager, Rotorcraft Standards Branch,
FAA, may approve AMOCs for this AD. Send
your proposal to: Manager, Rotorcraft
Standards Branch, FAA, 10101 Hillwood
Pkwy., Fort Worth, TX 76177; telephone
817–222–5110; email 9-ASW-FTW-AMOCRequests@faa.gov.
(j) Related Information
(1) For EASA AD 2019–0080, contact the
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 89990
6017; email ADs@easa.europa.eu; 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, Office of the Regional
Counsel, Southwest Region, 10101 Hillwood
Pkwy., Room 6N–321, Fort Worth, TX 76177.
For information on the availability of this
material at the FAA, call 817–222–5110. This
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material may be found in the AD docket on
the internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2020–1018.
(2) For more information about this AD,
contact Kathleen Arrigotti, Aviation Safety
Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198;
telephone and fax 206–231–3218; email
kathleen.arrigotti@faa.gov.
Issued on November 4, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–24853 Filed 11–9–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–1020; Project
Identifier MCAI–2020–00988–T]
RIN 2120–AA64
Airworthiness Directives; Airbus
Defense and Space S.A. (Formerly
Known as Construcciones
Aeronauticas, S.A.) Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for all
Airbus Defense and Space S.A. Model
CN–235, CN–235–100, CN–235–200,
CN–235–300 airplanes and Model C–
295 airplanes. This proposed AD was
prompted by cracks found on certain
left- and right-hand stringers in a certain
area of the fuselage. This proposed AD
would require repetitive inspections for
cracking or broken rivets of certain leftand right-hand stringers and
surrounding structure, and repair if
necessary, as specified in a European
Union Aviation Safety Agency (EASA)
AD, which will be incorporated 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 December 28,
2020.
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.
SUMMARY:
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71583
• 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: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For EASA material that will be
incorporated by reference (IBR) in this
AD, contact the EASA, KonradAdenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 8999 000;
email ADs@easa.europa.eu; 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 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://
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 https://
www.regulations.gov 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 NPRM, any
comments received, and other
information. The street address for
Docket Operations is listed above.
Comments will be available in the AD
docket shortly after receipt.
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 shahram.daneshmandi@
faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to participate in
this rulemaking by submitting written
comments, data, or views about this
proposal. The most helpful comments
reference a specific portion of the
proposal, explain the reason for any
recommended change, and include
supporting data. To ensure the docket
does not contain duplicate comments,
commenters should send only one copy
of written comments, or if comments are
filed electronically, commenters should
submit only one time. Send your
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Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / Proposed Rules
comments to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2020–1020; Project Identifier
MCAI–2020–00988–T at the beginning
of your 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, as well as a
report summarizing each substantive
public contact with FAA personnel
concerning this proposed rulemaking.
Before acting on this proposal, the FAA
will consider all comments received by
the closing date for comments. The FAA
will consider comments filed after the
comment period has closed if it is
possible to do so without incurring
expense or delay. The FAA may change
this NPRM because of those comments.
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, International
Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3220; email
shahram.daneshmandi@faa.gov. Any
commentary that the FAA receives
which is not specifically designated as
CBI will be placed in the public docket
for this rulemaking.
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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
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Defense and Space S.A. Model CN–235,
CN–235–100, CN–235–200, CN–235–
300 airplanes and Model C–295
airplanes.
This proposed AD was prompted by
cracks found on certain left-and righthand stringers in the area of frame (FR)
43 of the fuselage. The FAA is
proposing 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.
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 FR43 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.
FAA’s Determination and Requirements
of This Proposed AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to the
FAA’s bilateral agreement with the State
of Design Authority, the FAA has been
notified of the unsafe condition
described in the MCAI referenced
above. The FAA is proposing this AD
because the FAA evaluated all the
relevant information and determined
the unsafe condition described
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previously is likely to exist or develop
in other products of the same type
design.
Proposed AD Requirements
This proposed AD would require
accomplishing the actions specified in
EASA AD 2020–0159 described
previously, as incorporated by
reference, except for any differences
identified as exceptions in the
regulatory text of this AD.
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA initially worked with
Airbus and EASA to develop a process
to use certain EASA ADs as the primary
source of information for compliance
with requirements for corresponding
FAA ADs. The FAA has since
coordinated with other manufacturers
and civil aviation authorities (CAAs) to
use this process. As a result, EASA AD
2020–0159 will be incorporated by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2020–0159
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
the EASA AD 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 the EASA AD. Service
information specified in EASA AD
2020–0159 that is required for
compliance with EASA AD 2020–0159
will be available on the internet at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2020–1020 after the FAA final
rule is published.
Interim Action
The FAA considers this proposed AD
interim action. If final action is later
identified, the FAA might consider
further rulemaking then.
Costs of Compliance
The FAA estimates that this proposed
AD affects 8 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this proposed AD:
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ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
2 work-hours × $85 per hour = $170 ..........................................................................................
$0
$170
$1,360
the FAA proposes to amend 14 CFR part
39 as follows:
The FAA has received no definitive
data that would enable providing cost
estimates for the on-condition action
specified in this proposed AD.
PART 39—AIRWORTHINESS
DIRECTIVES
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
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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) 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 Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
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1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
Airbus Defense and Space S.A. (Formerly
Known as Construcciones Aeronauticas,
S.A.): Docket No. FAA–2020–1020;
Project Identifier MCAI–2020–00988–T.
(a) Comments Due Date
The FAA must receive comments by
December 28, 2020.
(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, 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-
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check, or within 300 FH after the effective
date of this AD, whichever occurs later,’’ this
AD requires using a compliance time of
within 300 flight hours (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)(2) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. 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 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 information about EASA AD 2020–
0159, contact the EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email ADs@
easa.europa.eu; 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 on
the internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2020–1020.
(2) For more information about this AD,
contact Shahram Daneshmandi, Aerospace
Engineer, Large Aircraft Section,
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Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / Proposed Rules
International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198;
telephone and fax 206–231–3220; email
shahram.daneshmandi@faa.gov.
Issued on November 4, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–24876 Filed 11–9–20; 8:45 am]
BILLING CODE 4910–13–P
Avenue SW, Washington, DC 20591;
telephone: (202) 267–8783. The Order is
also available for inspection at the
National Archives and Records
Administration (NARA). For
information on the availability of FAA
Order 7400.11E at NARA, email:
fedreg.legal@nara.gov or go to https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
SUPPLEMENTARY INFORMATION:
[Docket No. FAA–2020–0879; Airspace
Docket No. 20–AGL–36]
Authority for This Rulemaking
RIN 2120–AA66
Proposed Amendment of Class E
Airspace; Kankakee, IL
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This action proposes to
amend the Class E airspace extending
upward from 700 feet above the surface
at Greater Kankakee Airport, Kankakee,
IL. The FAA is proposing this action as
the result of an airspace review caused
by the decommissioning of the
Kankakee VHF omnidirectional range
(VOR) navigation aid as part of the VOR
Minimum Operational Network (MON)
Program.
DATES: Comments must be received on
or before December 28, 2020.
ADDRESSES: Send comments on this
proposal to the U.S. Department of
Transportation, Docket Operations,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590; telephone (202)
366–9826, or (800) 647–5527. You must
identify FAA Docket No. FAA–2020–
0879/Airspace Docket No. 20–AGL–36,
at the beginning of your comments. You
may also submit comments through the
internet at https://www.regulations.gov.
You may review the public docket
containing the proposal, any comments
received, and any final disposition in
person in the Dockets Office between
9:00 a.m. and 5:00 p.m., Monday
through Friday, except federal holidays.
FAA Order 7400.11E, Airspace
Designations and Reporting Points, and
subsequent amendments can be viewed
online at https://www.faa.gov/air_
traffic/publications/. For further
information, you can contact the
Airspace Policy Group, Federal Aviation
Administration, 800 Independence
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SUMMARY:
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Jeffrey Claypool, Federal Aviation
Administration, Operations Support
Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX
76177; telephone (817) 222–5711.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
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. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it would
amend the Class E airspace extending
upward from 700 feet above the surface
at Greater Kankakee Airport, Kankakee,
IL, to support instrument flight rule
operations at this airport.
Comments Invited
Interested parties are invited to
participate in this proposed rulemaking
by submitting such written data, views,
or arguments, as they may desire.
Comments that provide the factual basis
supporting the views and suggestions
presented are particularly helpful in
developing reasoned regulatory
decisions on the proposal. Comments
are specifically invited on the overall
regulatory, aeronautical, economic,
environmental, and energy-related
aspects of the proposal.
Communications should identify both
docket numbers and be submitted in
triplicate to the address listed above.
Commenters wishing the FAA to
acknowledge receipt of their comments
on this notice must submit with those
comments a self-addressed, stamped
postcard on which the following
statement is made: ‘‘Comments to
Docket No. FAA–2020–0879/Airspace
Docket No. 20–AGL–36.’’ The postcard
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will be date/time stamped and returned
to the commenter.
All communications received before
the specified closing date for comments
will be considered before taking action
on the proposed rule. The proposal
contained in this notice may be changed
in light of the comments received. A
report summarizing each substantive
public contact with FAA personnel
concerned with this rulemaking will be
filed in the docket.
Availability of NPRMs
An electronic copy of this document
may be downloaded through the
internet at https://www.regulations.gov.
Recently published rulemaking
documents can also be accessed through
the FAA’s web page at https://
www.faa.gov/air_traffic/publications/
airspace_amendments/.
You may review the public docket
containing the proposal, any comments
received, and any final disposition in
person in the Dockets Office (see the
ADDRESSES section for the address and
phone number) between 9:00 a.m. and
5:00 p.m., Monday through Friday,
except federal holidays. An informal
docket may also be examined during
normal business hours at the Federal
Aviation Administration, Air Traffic
Organization, Central Service Center,
Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX
76177.
Availability and Summary of
Documents for Incorporation by
Reference
This document proposes to amend
FAA Order 7400.11E, Airspace
Designations and Reporting Points,
dated July 21, 2020, and effective
September 15, 2020. FAA Order
7400.11E is publicly available as listed
in the ADDRESSES section of this
document. FAA Order 7400.11E lists
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting
points.
The Proposal
The FAA is proposing an amendment
to Title 14 Code of Federal Regulations
(14 CFR) part 71 by amending the Class
E airspace extending upward from 700
feet above the surface to within a 6.6mile (decreased from a 7-mile) radius of
Greater Kankakee Airport, Kankakee, IL;
removing the Kankakee VOR/DME and
associated extensions from the airspace
legal description; and amending the
southwest extension to 4 (increased
from 2) miles each side of the 214°
(previously 218°) bearing from the
Greater Kankakee: RWY 04–LOC
(previously the airport) extending from
E:\FR\FM\10NOP1.SGM
10NOP1
]]>Agencies
[Federal Register Volume 85, Number 218 (Tuesday, November 10, 2020)]
[Proposed Rules]
[Pages 71583-71586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24876]
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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]
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 adopt a new airworthiness directive (AD)
for all Airbus Defense and Space S.A. Model CN-235, CN-235-100, CN-235-
200, CN-235-300 airplanes and Model C-295 airplanes. This proposed AD
was prompted by cracks found on certain left- and right-hand stringers
in a certain area of the fuselage. This proposed AD would 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 a European Union Aviation Safety Agency
(EASA) AD, which will be incorporated 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 December
28, 2020.
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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For EASA material that will be incorporated by reference (IBR) in
this AD, contact the 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 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://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 https://www.regulations.gov 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 NPRM, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.
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:
Comments Invited
The FAA invites you to participate in this rulemaking by submitting
written comments, data, or views about this proposal. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time. Send your
[[Page 71584]]
comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2020-1020; Project Identifier MCAI-2020-00988-T at the
beginning of your 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, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments received by the closing
date for comments. The FAA will consider comments filed after the
comment period has closed if it is possible to do so without incurring
expense or delay. The FAA may change this NPRM because of those
comments.
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,
International Validation Branch, FAA, 2200 South 216th St., Des Moines,
WA 98198; telephone and fax 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.
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, CN-235-300 airplanes and Model C-295 airplanes.
This proposed 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 proposing 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.
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 FR43
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.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.
Proposed AD Requirements
This proposed AD would require accomplishing the actions specified
in EASA AD 2020-0159 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2020-0159
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2020-0159 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 the EASA AD 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 the EASA AD. Service information specified
in EASA AD 2020-0159 that is required for compliance with EASA AD 2020-
0159 will be available on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2020-1020 after the FAA
final rule is published.
Interim Action
The FAA considers this proposed AD interim action. If final action
is later identified, the FAA might consider further rulemaking then.
Costs of Compliance
The FAA estimates that this proposed AD affects 8 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this
proposed AD:
[[Page 71585]]
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 would enable providing
cost estimates for the on-condition action specified in this proposed
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
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) 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 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 adding the following new airworthiness
directive (AD):
Airbus Defense and Space S.A. (Formerly Known as Construcciones
Aeronauticas, S.A.): Docket No. FAA-2020-1020; Project Identifier
MCAI-2020-00988-T.
(a) Comments Due Date
The FAA must receive comments by December 28, 2020.
(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, 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 after the effective date of this
AD, whichever occurs later,'' this AD requires using a compliance
time of within 300 flight hours (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)(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 local flight standards district office/
certificate holding district 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 information about EASA AD 2020-0159, contact the 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 on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-1020.
(2) For more information about this AD, contact Shahram
Daneshmandi, Aerospace Engineer, Large Aircraft Section,
[[Page 71586]]
International Validation Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax 206-231-3220; email
[email protected].
Issued on November 4, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-24876 Filed 11-9-20; 8:45 am]
BILLING CODE 4910-13-P
