[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 [www.gpo.gov]
[FR Doc No: 2024-19534]


-----------------------------------------------------------------------

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.
     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 [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-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 [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 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

    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 
[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 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

    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
----------------------------------------------------------------------------------------------------------------
                                                                                                  Cost on U.S.
             Action                    Labor cost            Parts cost      Cost per product      operators
----------------------------------------------------------------------------------------------------------------
New proposed actions...........  Up to 15 work-hours x   None.............  Up to $1,275.....  Up to $17,850.
                                  $85 per hour = $1,275.
----------------------------------------------------------------------------------------------------------------

    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: 
[email protected]. 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 
[email protected].

(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 
[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 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 [email protected].

    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