89 FR 169 pgs. 70582-70585 - Airworthiness Directives; Airbus Defense and Space S.A. (Formerly Known as Construcciones Aeronauticas, S.A.) Airplanes
Type: PRORULEVolume: 89Number: 169Pages: 70582 - 70585
Pages: 70582, 70583, 70584, 70585Docket number: [Docket No. FAA-2024-2134; Project Identifier MCAI-2024-00125-T]
FR document: [FR Doc. 2024-19534 Filed 8-29-24; 8:45 am]
Agency: Transportation Department
Sub Agency: Federal Aviation Administration
Official PDF Version: PDF Version
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2134; Project Identifier MCAI-2024-00125-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).
SUMMARY:
The FAA proposes to supersede Airworthiness Directive (AD) 2018-18-09, which applies to all Airbus Defense and Space S.A. Model CN-235, CN-235-100, CN-235-200, and CN-235-300 airplanes; and certain Model C-295 airplanes. AD 2018-18-09 requires a detailed inspection of the upper and lower lugs of each horizontal stabilizer-to-fuselage rear attachment fitting, repair if necessary, and a report of findings. Since the FAA issued AD 2018-18-09, new occurrences of cracking were reported. This proposed AD would require repetitive inspections, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). The proposed AD would also revise the applicability. 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 October 15, 2024.
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 regulations.gov . Follow the instructions for submitting comments.
• Fax: 202-493-2251.
• 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.
AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA-2024-2134; 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, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The street address for Docket Operations is listed above.
Material Incorporated by Reference:
• For EASA material identified in this proposed AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; website easa.europa.eu. You may find this material on the EASA website at ad.easa.europa.eu. It is also available at regulations.gov under Docket No. FAA-2024-2134.
• 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.
FOR FURTHER INFORMATION CONTACT:
Shahram Daneshmandi, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-231-3220; email shahram.daneshmandi@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include "Docket No. FAA-2024-2134; Project Identifier MCAI-2024-00125-T" at the beginning of your comments. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this proposal because of those 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, to regulations.gov , including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this NPRM.
Confidential Business Information
[top] 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
Background
The FAA issued AD 2018-18-09, Amendment 39-19388 (83 FR 45041, September 5, 2018) (AD 2018-18-09), for all Airbus Defense and Space S.A. Model CN-235, CN-235-100, CN-235-200, and CN-235-300 airplanes; and certain Model C-295 airplanes. AD 2018-18-09 was prompted by an MCAI originated by EASA, which is the Technical Agent for the Member States of the European Union. EASA issued AD 2017-0218, dated November 8, 2017 (EASA AD 2017-0218), to correct an unsafe condition.
AD 2018-18-09 requires a detailed inspection of the upper and lower lugs of each horizontal stabilizer-to-fuselage rear attachment fitting, repair if necessary, and a report of findings. The FAA issued AD 2018-18-09 to address cracking, which could lead to reduced structural integrity of the lugs on the stabilizer-to-fuselage rear attachment fittings and consequent lug or fitting failure, and could result in reduced controllability of the airplane.
Actions Since AD 2018-18-09 Was Issued
Since the FAA issued AD 2018-18-09, EASA superseded EASA AD 2017-0218 and issued EASA AD 2024-0049, dated February 20, 2024 (EASA AD 2024-0049) (also referred to as the MCAI), to correct an unsafe condition for all Airbus Defense and Space S.A. Model CN-235, CN-235-200, CN-235-300, and C-295 airplanes. The MCAI states that since EASA AD 2017-0218 was issued, new occurrences of cracking were reported and the manufacturer issued new material to provide instructions for repetitive high-frequency eddy current (HFEC) inspections for cracking of the affected part for all airplanes.
The applicability of the MCAI has been expanded from certain Model C-295 airplanes to all Model C-295 airplanes. In addition, the MCAI removed Model CN-235-100 airplanes from the applicability as those airplanes have been converted to Model CN-235-200 airplanes. Therefore, the FAA also removed Model CN-235-100 airplanes from this proposed AD.
The FAA is proposing this AD to address cracking, which could lead to reduced structural integrity of the lugs on the horizontal stabilizer-to-fuselage rear attachment fittings and consequent lug or fitting failure, and could result in reduced controllability of the airplane. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA-2024-2134.
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2024-0049 specifies procedures for repetitive HFEC inspections for discrepancies (including cracking, rework, and sharp corner radii) of the upper and lower lugs of each horizontal stabilizer-to-fuselage rear attachment fitting and contacting the manufacturer for corrective actions. 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
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 this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA is issuing this NPRM after determining that the unsafe condition described previously is likely to exist or develop in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified in EASA AD 2024-0049 described previously, except for any differences identified as exceptions in the regulatory text of this proposed AD.
The initial and repetitive compliance times vary based on airplane model and configuration. The compliance time for the initial inspection ranges from 1,500 total flight hours or 1,500 total flight cycles, whichever occurs first to 5,500 total flight cycles or 5,500 total flight hours, whichever occurs first. The compliance time for the repetitive interval ranges from 600 flight cycles or flight hours, whichever occurs first, to 2,200 flight hours or 2,200 flight cycles, whichever occurs first. The grace period is 50 flight hours or 50 flight cycles after the effective date of this AD, whichever occurs first.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD process, the FAA developed a process to use some civil aviation authority (CAA) ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. The FAA has been coordinating this process with manufacturers and CAAs. As a result, the FAA proposes to incorporate EASA AD 2024-0049 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 2024-0049 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 EASA AD 2024-0049 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 EASA AD 2024-0049. Material required by EASA AD 2024-0049 for compliance will be available at regulations.gov under Docket No. FAA-2024-2134 after the FAA final rule is published.
Costs of Compliance
[top] The FAA estimates that this AD, if adopted as proposed, would affect 14 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD:
| Action | Labor cost | Parts cost | Cost per product | Cost on U.S. operators |
|---|---|---|---|---|
| New proposed actions | Up to 15 work-hours × $85 per hour = $1,275 | None | Up to $1,275 | Up to $17,850. |
The FAA has received no definitive data on which to base the cost estimates for the on-condition actions 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) Would not affect intrastate aviation in Alaska, and
(3) Would 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
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:
a. Removing Airworthiness Directive (AD) 2018-18-09, Amendment 39-19388 (83 FR 45041, September 5, 2018); and
b. Adding the following new AD:
Airbus Defense and Space S.A. (Formerly known as Construcciones Aeronauticas, S.A.): Docket No. FAA-2024-2134; Project Identifier MCAI-2024-00125-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive (AD) by October 15, 2024.
(b) Affected ADs
This AD replaces AD 2018-18-09, Amendment 39-19388 (83 FR 45041, September 5, 2018) (AD 2018-18-09).
(c) Applicability
This AD applies to all Airbus Defense and Space S.A. (formerly known as Construcciones Aeronauticas, S.A.) Model CN-235, CN-235-200, CN-235-300, and C-295 airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 55, Stabilizers.
(e) Unsafe Condition
This AD was prompted by a report that cracks were found on the horizontal stabilizer-to-fuselage rear attachment fitting. The FAA is issuing this AD to address cracking, which could lead to reduced structural integrity of the lugs on the horizontal stabilizer-to-fuselage rear attachment fittings. The unsafe condition, if not addressed, could result in lug or fitting failure, and could result in reduced controllability 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 2024-0049, dated February 20, 2024 (EASA AD 2024-0049).
(h) Exceptions to EASA AD 2024-0049
(1) Where paragraph (1) of EASA AD 2024-0049 specifies to do the initial inspection within certain compliance times, for this AD, accomplish the initial inspection at the time specified in paragraph (h)(1)(i) or (ii) of this AD, whichever occurs later.
(i) At the applicable compliance time specified in paragraph (1) of EASA AD 2024-0049.
(ii) Within 50 flight cycles or 50 flight hours, whichever occurs first, after the effective date of this AD.
(2) Where paragraph (1) of EASA AD 2024-0049 specifies "thereafter, at intervals as defined in paragraph 3.1.1 of the AOT," this AD requires replacing that text with "thereafter, at intervals not to exceed the intervals defined in paragraph 3.1.1 of the AOT."
(3) This AD does not adopt the "Remarks" section of EASA AD 2024-0049.
(4) Where paragraph (2) of EASA AD 2024-0049 specifies "If, during any inspection as required by paragraph (1) of this AD, discrepancies are detected, as defined in the AOT, before next flight, contact Airbus DS for approved corrective action instructions and accomplish those instructions accordingly," this AD requires replacing that text with "If, during any inspection as required by paragraph (1) of this AD, any discrepancy is detected, the discrepancy must be repaired before further flight using a method approved by the Manager, 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."
(i) No Reporting Requirement
Although the material referenced in EASA AD 2024-0049 specifies to submit certain information to the manufacturer, this AD does not include that requirement.
(j) Additional AD Provisions
The following provisions also apply to this AD:
[top] (1) Alternative Methods of Compliance (AMOCs): The Manager, 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 manager of the International Validation Branch, mail it to the address identified in paragraph (k) of this AD. Information may be emailed to: AMOC@faa.gov. Before using any
(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, 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) Additional Information
For more information about this AD, contact Shahram Daneshmandi, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 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 material listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2024-0049, dated February 20, 2024.
(ii) [Reserved]
(3) For EASA AD 2024-0049, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; website easa.europa.eu. You may find this EASA AD on the EASA website at ad.easa.europa.eu.
(4) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.
(5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email fr.inspection@nara.gov.
Issued on August 26, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service.
[FR Doc. 2024-19534 Filed 8-29-24; 8:45 am]
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