47210 Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Rules and Regulations 

For the Nuclear Regulatory Commission. 

Cindy K. Bladey, 

Branch Chief, Regulatory Analysis and 

Rulemaking Support Branch, Division of 

Rulemaking, Environmental, and Financial 

Support, Office of Nuclear Material Safety 

and Safeguards. 

[FR Doc. 2021–18156 Filed 8–23–21; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0141; Project 

Identifier MCAI–2020–01162–T; Amendment 

39–21669; AD 2021–16–07] 

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: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) 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–DE, and C– 

212–DF airplanes. This AD was 

prompted by a report of cracks on the 

left-hand (LH) and right-hand (RH) side 

fuselage skin and on a certain frame 

underneath the skin, near the leading 

edge of the wing. This AD requires 

repetitive inspections of the LH and RH 

side center wing fairings at a certain 

frame, around the wing leading edge for 

discrepancies (cracks), and repair if 

necessary, 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 

28, 2021. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of September 28, 2021. 

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 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–2021– 

0141. 

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–2021– 

0141; 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; phone and fax: 206–231–3220; 

email: Shahram.Daneshmandi@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, issued EASA AD 2020–0182, 

dated August 13, 2020 (EASA AD 2020– 

0182) (also referred to as the Mandatory 

Continuing Airworthiness Information, 

or 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 by adding an AD that would 

apply 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. 

The NPRM was published in the 

Federal Register on March 11, 2021 (86 

FR 13841). The NPRM was prompted by 

a report of cracks on the LH and RH side 

fuselage skin and on frame (FR) 5 

underneath the skin, near the leading 

edge of the wing. The NPRM proposed 

to require repetitive inspections of the 

LH and RH side center wing fairings at 

FR 5, around the wing leading edge for 

discrepancies (cracks), and repair if 

necessary, as specified in EASA AD 

2020–0182. 

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. 

Comments 

The FAA gave the public the 

opportunity to participate in developing 

this final rule. The following presents 

the comments received on the NPRM 

and the FAA’s response. 

Request To Allow Special Flight 

Permits 

Ryan Air reported that it began 

detecting and repairing fuselage skin 

cracks on its fleet in 2018, and no new 

cracks have since been detected in more 

than 10,000 flight hours. Assuming the 

cracking did not all occur at the same 

time, Ryan Air questioned why the 

proposed AD would require repair 

before further flight. Ryan Air 

recommended that the proposed AD be 

revised to allow flying the airplane to a 

location where repairs can be made after 

finding cracks in this area. 

The FAA notes that 14 CFR 39.23 

allows flight to a repair facility for every 

AD, if the operations specifications (ops 

specs) for a particular operator give that 

authority, unless they are specifically 

prohibited or limited in an AD. Any 

operator who does not have the 

authority in their ops specs may contact 

their local FAA Flight Standards District 

Office to receive a special flight permit. 

No change to the AD is necessary as a 

result of this comment. 

Request To Allow Certain Approvals 

Ryan Air recommended that the 

proposed AD be revised to allow repairs 

approved by a part 25 structures 

designated engineering representative 

(DER). Ryan Air stated that repair 

approvals from Airbus Engineering and 

the FAA have taken four weeks or 

longer. Ryan Air asserted that grounding 

an airplane for more than a month—for 

a four-day repair—would be an 

unreasonable economic burden on 

affected operators, who are mostly small 

business owners. 

The FAA disagrees with this request. 

This AD allows required repairs to be 

approved only by the FAA, EASA, or 

Airbus Defense and Space S.A.’s EASA 

Design Organization Approval (DOA). 

For approval by a part 25 structures DER 

for the corrective repair required by this 

AD, an operator must first request 


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Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Rules and Regulations 47211 

approval of an alternative method of 

compliance (AMOC) in accordance with 

the procedures specified in paragraph 

(j)(1) of this AD. The FAA has not 

changed this AD as a result of this 

comment. 

Conclusion 

The FAA reviewed the relevant data, 

considered the comment received, 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: 

• Are consistent with the intent that 

was proposed in the NPRM for 

addressing the unsafe condition; and 

• 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 2020–0182 describes 

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. 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

Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

3 work-hours @$85 per hour = $255 .......................................................................................... $0 $255 $11,475 

The FAA has received no definitive 

data on which to base the cost estimates 

for the on-condition repairs 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: 

(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 

■ 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: 

2021–16–07 Airbus Defense and Space S.A. 

(Formerly Known as Construcciones 

Aeronauticas, S.A.): Amendment 39– 

21669; Docket No. FAA–2021–0141; 

Project Identifier MCAI–2020–01162–T. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective September 28, 2021. 

(b) Affected ADs 

None. 

(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 2020–0182, dated August 

13, 2020 (EASA AD 2020–0182). 

(d) Subject 

Air Transport Association (ATA) of 

America Code 53, Fuselage. 

(e) Reason 

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. 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 2020–0182. 

(h) Exceptions to EASA AD 2020–0182 

(1) Where EASA AD 2020–0182 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(2) The ‘‘Remarks’’ section of EASA AD 

2020–0182 does not apply to this AD. 

(3) Where paragraph (2) of EASA AD 2020– 

0182 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. 


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47212 Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Rules and Regulations 

(i) No Reporting Requirement 

Although the service information 

referenced in EASA AD 2020–0182 specifies 

to submit certain information to the 

manufacturer in case of no finding, 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 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: 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 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 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; 

phone and fax: 206–231–3220; email: 

Shahram.Daneshmandi@faa.gov. 

(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 2020–0182, dated August 13, 

2020. 

(ii) [Reserved] 

(3) For EASA AD 2020–0182, contact 

EASA, Konrad-Adenauer-Ufer 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. 

(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 https:// 

www.regulations.gov by searching for and 

locating Docket No. FAA–2021–0141. 

(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 

fr.inspection@nara.gov, or go to https://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on July 23, 2021. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2021–18082 Filed 8–23–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0192; Project 

Identifier MCAI–2020–01580–T; Amendment 

39–21662; AD 2021–16–01] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Airbus SAS Model A318 series 

airplanes; Model A319–111, –112, –113, 

–114, –115, –131, –132, –133, –151N, 

and –153N airplanes; Model A320 series 

airplanes; and Model A321 series 

airplanes. This AD was prompted by a 

determination that new or more 

restrictive airworthiness limitations are 

necessary. This AD requires revising the 

existing maintenance or inspection 

program, as applicable, to incorporate 

new or more restrictive airworthiness 

limitations, 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 

28, 2021. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of September 28, 2021. 

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 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–2021– 

0192. 

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–2021– 

0192; 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: 

Sanjay Ralhan, Aerospace Engineer, 

Large Aircraft Section, International 

Validation Branch, FAA, 2200 South 

216th St., Des Moines, WA 98198; 

telephone and fax 206–231–3223; email 

sanjay.ralhan@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD 2020–0219, 

dated October 12, 2020 (EASA AD 

2020–0219) (also referred to as the 

mandatory continuing airworthiness 

information, or ‘‘the MCAI’’), to correct 

an unsafe condition for all Airbus SAS 

Model A318 series; Model A319–111, 

–112, –113, –114, –115, –131, –132, 

–133, –151N, and –153N; Model A320– 

211, –212, –214, –215, –216, –231, –232, 

–233, –251N, –252N, –253N, –271N, 

–272N, and –273N airplanes; and Model 

A321 series airplanes. Model A320–215 

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 by adding an AD that would 

apply to certain Airbus SAS Model 

A318 series; Model A319–111, –112, 

–113, –114, –115, –131, –132, –133, 

–151N, and –153N; Model A320 series 

airplanes; and Model A321 series 

airplanes. The NPRM published in the 

Federal Register on March 26, 2021 (86 


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