```

[Federal Register Volume 89, Number 236 (Monday, December 9, 2024)]
[Rules and Regulations]
[Pages 97492-97494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28787]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2134; Project Identifier MCAI-2024-00125-T; 
Amendment 39-22894; AD 2024-24-04]
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.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2018-18-
09, 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 certain Model C-
295 airplanes. AD 2018-18-09 required 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. This 
AD was prompted by reports of new occurrences of cracking. This AD 
requires repetitive inspections, as specified in a European Union 
Aviation Safety Agency (EASA) AD, which is incorporated by reference. 
This AD also revises the applicability. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective January 13, 2025.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 13, 
2025.

ADDRESSES: 
    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 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:
     For EASA material identified 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.
     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 at regulations.gov under 
Docket No. FAA-2024-2134.

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: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2018-18-09, Amendment 39-19388 (83 FR 
45041, September 5, 2018) (AD 2018-18-09). AD 2018-18-09 applied 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 
required 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 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.
    The NPRM published in the Federal Register on August 30, 2024 (89 
FR 70582). The NPRM was prompted by AD 2024-0049, dated February 20, 
2024, issued by EASA, which is the Technical Agent for the Member 
States of the European Union (EASA AD 2024-0049) (also referred to as 
the MCAI). The MCAI states that since EASA AD 2017-0218, dated November 
8, 2017, 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.
    In the NPRM, the FAA proposed to require repetitive inspections, as 
specified in EASA AD 2024-0049. The NPRM also proposed to revise the 
applicability. 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 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.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from a commenter who supported the NPRM 
without change.

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, considered the 
comment received, 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.

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

[[Page 97493]]

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.

Costs of Compliance

    The FAA estimates that this AD affects 14 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs For Required Actions
----------------------------------------------------------------------------------------------------------------
            Action                   Labor cost          Parts cost     Cost per product  Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
New 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 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) 2018-18-09, Amendment 39-19388 
(83 FR 45041, September 5, 2018); and
0
b. Adding the following new AD:

2024-24-04 Airbus Defense and Space S.A. (Formerly known as 
Construcciones Aeronauticas, S.A.): Amendment 39-22894; Docket No. 
FAA-2024-2134; Project Identifier MCAI-2024-00125-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 13, 2025.

(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.''

[[Page 97494]]

(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 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/[email protected]">www.archives.gov/federal-register/cfr/[email protected].

    Issued on November 21, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-28787 Filed 12-6-24; 8:45 am]
BILLING CODE 4910-13-P
```