[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 [www.gpo.gov]
[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:
     Federal eRulemaking Portal: Go to 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.
    AD Docket: You may examine the AD docket at regulations.gov 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:
     For material incorporated by reference in this AD, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; 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-2023-1999.
     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: [email protected].

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 
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

    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: 
[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.

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 
regulations.gov 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 regulations.gov 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.
----------------------------------------------------------------------------------------------------------------

    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: [email protected].
    (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: 
[email protected].

(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 
[email protected]; 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 [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    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