Proposed Rule2024-19534
Airworthiness Directives; Airbus Defense and Space S.A. (Formerly Known as Construcciones Aeronauticas, S.A.) Airplanes
Primary source
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Published
August 30, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 169 (Friday, August 30, 2024)</title>
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[Federal Register Volume 89, Number 169 (Friday, August 30, 2024)]
[Proposed Rules]
[Pages 70582-70585]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19534]
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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).
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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:
<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-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:
<bullet> For EASA material identified in this proposed AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#b4f5f0c7f4d1d5c7d59ad1c1c6dbc4d59ad1c1"><span class="__cf_email__" data-cfemail="ce8f8abd8eabafbdafe0abbbbca1beafe0abbb">[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-2024-2134.
<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;
telephone 206-231-3220; email <a href="/cdn-cgi/l/email-protection#c9baa1a8a1bba8a4e7ada8a7acbaa1a4a8a7ada089afa8a8e7aea6bf"><span class="__cf_email__" data-cfemail="0e7d666f667c6f63206a6f606b7d66636f606a674e686f6f20696178">[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 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
<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
[[Page 70583]]
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; telephone 206-231-3220; email
<a href="/cdn-cgi/l/email-protection#2f5c474e475d4e42014b4e414a5c47424e414b466f494e4e01484059"><span class="__cf_email__" data-cfemail="64170c050c1605094a00050a01170c09050a000d240205054a030b12">[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 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 <a href="http://regulations.gov">regulations.gov</a>
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 <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-2134 after the
FAA final rule is published.
Costs of Compliance
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:
[[Page 70584]]
Estimated Costs for Required Actions
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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New proposed actions........... Up to 15 work-hours x None............. Up to $1,275..... Up to $17,850.
$85 per hour = $1,275.
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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) 2018-18-09, Amendment 39-19388
(83 FR 45041, September 5, 2018); and
0
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:
(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:
<a href="/cdn-cgi/l/email-protection#0445494b47446265652a636b72"><span class="__cf_email__" data-cfemail="33727e7c70735552521d545c45">[email protected]</span></a>. Before using any
[[Page 70585]]
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, 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
<a href="/cdn-cgi/l/email-protection#42312a232a30232f6c26232c27312a2f232c262b022423236c252d34"><span class="__cf_email__" data-cfemail="13607b727b61727e3d77727d76607b7e727d777a537572723d747c65">[email protected]</span></a>.
(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
<a href="/cdn-cgi/l/email-protection#da9b9ea99abfbba9bbf4bfafa8b5aabbf4bfaf"><span class="__cf_email__" data-cfemail="80c1c4f3c0e5e1f3e1aee5f5f2eff0e1aee5f5">[email protected]</span></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 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 <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#6b0d19450205181b0e081f0204052b050a190a450c041d"><span class="__cf_email__" data-cfemail="f89e8ad691968b889d9b8c919796b896998a99d69f978e">[email protected]</span></a>.
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]
BILLING CODE 4910-13-P
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