[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Rules and Regulations]
[Pages 248-251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28846]


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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; 
Amendment 39-22638; AD 2023-25-11]
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: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-02-
18, which applied 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 required

[[Page 249]]

repetitive inspections for cracking or broken rivets of certain left- 
and right-hand stringers and surrounding structure, and repair if 
necessary. This AD was prompted by a modification that was developed to 
reinforce the structure in the affected area, providing terminating 
action for the repetitive inspections required by AD 2021-02-18. This 
AD continues to require certain actions in AD 2021-02-18 and requires 
the new terminating action for the repetitive inspections, as specified 
in a European Union Aviation Safety Agency (EASA) AD, which is 
incorporated by reference. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective February 7, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 7, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1999; 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 final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    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#c18085b281a4a0b2a0efa4b4b3aeb1a0efa4b4"><span class="__cf_email__" data-cfemail="6425201724010517054a0111160b14054a0111">[email protected]</span></a>; website easa.europa.eu. You may 
find this material on the EASA website at ad.easa.europa.eu.
    <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. It is also available in the AD docket at 
regulations.gov under Docket No. FAA-2023-1999.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#033a2e6275702e6d7a62606c2e606c70436562622d646c75"><span class="__cf_email__" data-cfemail="b38a9ed2c5c09eddcad2d0dc9ed0dcc0f3d5d2d29dd4dcc5">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2021-02-18, Amendment 39-21401 (86 FR 
10740, February 23, 2021) (AD 2021-02-18) (which corresponds to EASA AD 
2020-0159). AD 2021-02-18 applied 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 required 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. 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 AD follows from that 
determination.
    The NPRM published in the Federal Register on October 18, 2023 (88 
FR 71778). The NPRM was prompted by AD 2023-0103, dated May 23, 2023, 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union (EASA AD 2023-0103) (also referred to as the MCAI). 
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, AD 
action is necessary to address the unsafe condition. Therefore, this AD 
includes this model in the AD applicability and provides corrective 
actions to address the unsafe condition.
    In the NPRM, the FAA proposed to continue certain actions in EASA 
AD 2020-0159. The NPRM also proposed to require the new terminating 
action for the repetitive inspections, as specified in EASA AD 2023-
0103. The FAA is issuing this AD to address the unsafe condition on 
these products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1999.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    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 reviewed the relevant data and determined 
that air safety requires adopting this AD as proposed. Accordingly, the 
FAA is issuing this AD to address the unsafe condition on this product. 
Except for minor editorial changes, this AD is adopted as proposed in 
the NPRM. None of the changes will increase the economic burden on any 
operator.

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 the ADDRESSES section.

[[Page 250]]

Costs of Compliance

    The FAA estimates that this AD affects 10 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
              Labor cost                      Parts cost            Cost per product      Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 17 work-hours x $85 per hour =   Up to $14,002..........  Up to $15,447..........  Up to $154,470.
 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 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

    This AD will not have federalism implications under Executive Order 
13132. This AD will 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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will 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 Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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:

2023-25-11 Airbus Defense and Space S.A. (Formerly Known as 
Construcciones Aeronauticas, S.A.): Amendment 39-22638; Docket No. 
FAA-2023-1999; Project Identifier MCAI-2023-00697-T.

(a) Effective Date

    This airworthiness directive (AD) is effective February 7, 2024.

(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.

(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

[[Page 251]]

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#b28b9ff3e4e19ff3fbe09f8581829ff3fffdf1f2d4d3d39cd5ddc4"><span class="__cf_email__" data-cfemail="043d2945525729454d56293337342945494b47446265652a636b72">[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; telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#350c18544346185b4c54565a18565a46755354541b525a43"><span class="__cf_email__" data-cfemail="01382c6077722c6f7860626e2c626e72416760602f666e77">[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#dc9d98af9cb9bdafbdf2b9a9aeb3acbdf2b9a9"><span class="__cf_email__" data-cfemail="9edfdaeddefbffedffb0fbebecf1eeffb0fbeb">[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 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 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 <a href="/cdn-cgi/l/email-protection#1a7c68347374696a7f796e7375745a747b687b347d756c"><span class="__cf_email__" data-cfemail="5e382c7037302d2e3b3d2a3731301e303f2c3f70393128">[email protected]</span></a>.

    Issued on December 14, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-28846 Filed 1-2-24; 8:45 am]
BILLING CODE 4910-13-P


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