Proposed Rule2023-22885
Airworthiness Directives; Airbus Defense and Space S.A. (Formerly Known as Construcciones Aeronauticas, S.A.) Airplanes
Primary source
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Published
October 18, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2021-02-18, 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 Model C- 295 airplanes. AD 2021-02-18 requires repetitive inspections for cracking or broken rivets of certain left- and right-hand stringers and surrounding structure, and repair if necessary. Since the FAA issued AD 2021-02-18, a modification was developed to reinforce the structure in the affected area, providing terminating action for the repetitive inspections required by AD 2021-02-18. This proposed AD continues to require the actions in AD 2021-02-18 and proposes to require the new terminating action for the repetitive inspections, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 200 (Wednesday, October 18, 2023)</title>
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[Federal Register Volume 88, Number 200 (Wednesday, October 18, 2023)]
[Proposed Rules]
[Pages 71778-71781]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22885]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1999; Project Identifier MCAI-2023-00697-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 supersede Airworthiness Directive (AD)
2021-02-18, 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 Model C-
295 airplanes. AD 2021-02-18 requires repetitive inspections for
cracking or broken rivets of certain left- and right-hand stringers and
surrounding structure, and repair if necessary. Since the FAA issued AD
2021-02-18, a modification was developed to reinforce the structure in
the affected area, providing terminating action for the repetitive
inspections required by AD 2021-02-18. This proposed AD continues to
require the actions in AD 2021-02-18 and proposes to require the new
terminating action for the repetitive inspections, as specified in a
European Union Aviation Safety Agency (EASA) AD, which is proposed for
incorporation 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 4,
2023.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> 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 <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1999; or in person at
[[Page 71779]]
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:
<bullet> For material incorporated by reference in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#0445607744616577652a6171766b74652a6171"><span class="__cf_email__" data-cfemail="29684d5a694c485a48074c5c5b465948074c5c">[email protected]</span></a>; website easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu. It is also
available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1999.
<bullet> 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;
phone: 206-231-3220; email: <a href="/cdn-cgi/l/email-protection#097a6168617b6864276d68676c7a616468676d60496f6868276e667f"><span class="__cf_email__" data-cfemail="dfacb7beb7adbeb2f1bbbeb1baacb7b2beb1bbb69fb9bebef1b8b0a9">[email protected]</span></a>.
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 ADDRESSES. Include ``Docket No. FAA-2023-1999; Project Identifier
MCAI-2023-00697-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
<a href="http://regulations.gov">regulations.gov</a>, 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
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, Aviation Safety Engineer, FAA, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; phone: 206-231-3220; email:
<a href="/cdn-cgi/l/email-protection#47342f262f35262a6923262922342f2a2629232e0721262669202831"><span class="__cf_email__" data-cfemail="e3908b828b91828ecd87828d86908b8e828d878aa3858282cd848c95">[email protected]</span></a>. Any commentary that the FAA receives which
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.
Background
The FAA issued AD 2021-02-18, Amendment 39-21401 (86 FR 10740,
February 23, 2021) (AD 2021-02-18), 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. AD 2021-02-18 was prompted by an MCAI originated
by EASA, which is the Technical Agent for the Member States of the
European Union. EASA issued AD 2020-0159, dated July 16, 2020 (EASA AD
2020-0159), to correct an unsafe condition.
EASA AD 2020-0159 requires repetitive inspections for cracking or
broken rivets of certain left- and right-hand stringers and surrounding
structure, and repair if necessary. The FAA issued AD 2021-02-18 to
address such cracking in the stringers, which could result in reduced
structural integrity of the airplane.
Actions Since AD 2021-02-18 Was Issued
Since the FAA issued AD 2021-02-18, EASA superseded EASA AD 2020-
0159 and issued EASA AD 2023-0103, dated May 23, 2023 (EASA AD 2023-
0103) (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, and CN-
235-300 airplanes and Model C-295 airplanes. The MCAI states that since
EASA AD 2020-0159 was issued, a modification was developed to reinforce
the structure in the affected area, which is a terminating action for
the repetitive inspections required by EASA AD 2020-0159. The MCAI does
not include Model CN-235-100 airplanes since a determination was made
that the only remaining airplanes in service are operated by a
government military service. The FAA has determined that since these
models remain on the FAA type certificate data sheet that AD action is
necessary to address the unsafe condition. Therefore, this proposed AD
includes this model in the AD applicability and provides corrective
actions to address the unsafe condition.
FAA AD 2021-02-18 explained that the requirements were ``interim
action,'' and further rulemaking was being considered. The FAA has now
determined that further rulemaking is necessary, and this proposed AD
follows from that determination.
The FAA is proposing this AD to prevent cracks on certain left- and
right-hand stringers in the area of frame (FR) 43 of the fuselage. This
condition, if not corrected, could result in reduced structural
integrity of the airplane. You may examine the MCAI in the AD docket at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1999.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0103 specifies procedures for 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, 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; 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; 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); 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.
EASA AD 2023-0103 also specifies procedures for modifying
structures between frames FR43 and FR44, on stringers STGR0A and
STGR0A': Replacing supports, formers, installing fittings, radius
guards, and hardware attachments.
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 ADDRESSES.
[[Page 71780]]
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 retain certain requirements of AD 2021-02-
18. This proposed AD would require accomplishing the actions specified
in EASA AD 2023-0103 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
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 2023-0103 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0103 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 2023-0103 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 2023-
0103. Service information required by EASA AD 2023-0103 for compliance
will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1999
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 10 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
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Labor cost Parts cost Cost per product Cost on U.S. operators
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Up to 17 work-hours x $85 per Up to $14,002............ Up to $15,447............ Up to $154,470.
hour = Up to $1,445.
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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
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:
0
a. Removing Airworthiness Directive (AD) 2021-02-18, Amendment 39-21401
(86 FR 10740, February 23, 2021); and
0
b. Adding the following new AD:
Airbus Defense and Space S.A. (Formerly Known as Construcciones
Aeronauticas, S.A.): Docket No. FAA-2023-1999; Project Identifier
MCAI-2023-00697-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by December 4, 2023.
(b) Affected ADs
This AD replaces AD 2021-02-18, Amendment 39-21401 (86 FR 10740,
February 23, 2021) (AD 2021-02-18).
(c) Applicability
This AD applies 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) Unsafe Condition
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.
[[Page 71781]]
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, EASA AD 2023-0103, dated May 23, 2023 (EASA AD
2023-0103).
(h) Exceptions to EASA AD 2023-0103
(1) Where EASA AD 2023-0103 refers to its effective date, this
AD requires using the effective date of this AD.
(2) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0103.
(3) Where EASA AD 2023-0103 specifies ``The SB: Airbus DS
Service Bulletin (SB) SB235-53-0070C (for CN-235, CN-235-200 and CN-
235-300 aeroplanes) and SB295-53-0025C (for C-295 aeroplanes), as
applicable,'' for this AD replace those words with ``The SB: Airbus
DS Service Bulletin (SB) SB235-53-0070C (for CN-235, CN-235-200 and
CN-235-300 aeroplanes), SB235-53-0070M (for CN-235-100 aeroplanes),
and SB295-53-0025C (for C-295 aeroplanes), as applicable.''
(4) Where EASA AD 2023-0103 specifies ``Groups: Group 1
aeroplanes are CN-235, CN-235-200 aeroplanes. Group 2 aeroplanes are
CN-235-300 and C-295 aeroplanes,'' for this AD replace those words
with ``Groups: Group 1 aeroplanes are CN-235, CN-235-100, and CN-
235-200 aeroplanes. Group 2 aeroplanes are CN-235-300 and C-295
aeroplanes.''
(5) Where the column header of Table 1 of EASA AD 2023-0103 is
titled ``Accumulated Flight Hours (FH) and Flight Cycles (FC)'', for
this AD replace those words with ``Accumulated Flight Hours (FH) and
Flight Cycles (FC), as of March 30, 2021 (the effective date of AD
2021-02-18).''
(6) Where EASA AD 2023-0103 specifies a compliance time of
``During the next A-check, or within 300 FH after 30 July 2020 [the
effective date of EASA AD 2020-0159], whichever occurs later,'' for
this AD replace those words with ``Within 300 FH after March 30,
2021 (the effective date of AD 2021-02-18).''
(7) Where EASA AD 2023-0103 specifies a compliance time of
``Within 50 FH or 50 FC, whichever occurs first after 30 July 2020
[the effective date of EASA AD 2020-0159],'' for this AD replace
those words with ``Within 50 FH or 50 FC, whichever occurs first
after March 30, 2021 (the effective date of AD 2021-02-18).''
(8) Where paragraph (2) of EASA AD 2023-0103 specifies to
``contact Airbus DS 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, 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 service information referenced in EASA AD 2023-0103
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:
(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 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#093024485f5a2448405b243e3a39244844464a496f6868276e667f"><span class="__cf_email__" data-cfemail="e1d8cca0b7b2cca0a8b3ccd6d2d1cca0acaea2a1878080cf868e97">[email protected]</span></a>.
(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 DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.
(3) Required for Compliance (RC): Except as required by
paragraph (j)(2) of this AD, if any service information referenced
in EASA AD 2023-0103 contains paragraphs that are labeled as RC, the
instructions in RC paragraphs, including subparagraphs under an RC
paragraph, must be done to comply with this AD; any paragraphs,
including subparagraphs under those paragraphs, that are not
identified as RC are recommended. The instructions in paragraphs,
including subparagraphs under those paragraphs, not identified as RC
may be deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the instructions identified as RC can
be done and the airplane can be put back in an airworthy condition.
Any substitutions or changes to instructions identified as RC
require approval of an AMOC.
(k) Additional Information
For more information about this AD, contact Shahram Daneshmandi,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: 206-231-3220; email:
<a href="/cdn-cgi/l/email-protection#8ffce7eee7fdeee2a1ebeee1eafce7e2eee1ebe6cfe9eeeea1e8e0f9"><span class="__cf_email__" data-cfemail="14677c757c6675793a70757a71677c79757a707d547275753a737b62">[email protected]</span></a>.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference 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 2023-0103,
dated May 23, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0103, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="1051546350757163713e7565627f60713e7565">[email protected]</a>; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
(4) You may view this service information 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 service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email <a href="/cdn-cgi/l/email-protection#9dfbefb3f4f3eeedf8fee9f4f2f3ddf3fceffcb3faf2eb"><span class="__cf_email__" data-cfemail="86e0f4a8efe8f5f6e3e5f2efe9e8c6e8e7f4e7a8e1e9f0">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on October 11, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-22885 Filed 10-17-23; 8:45 am]
BILLING CODE 4910-13-P
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