Airworthiness Directives; Airbus Defense and Space S.A. (Formerly Known as Construcciones Aeronauticas, S.A.) Airplanes, 248-251 [2023-28846]

Download as PDF 248 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Rules and Regulations 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 1. The authority citation for part 39 continues to read as follows: ■ ddrumheller on DSK120RN23PROD with RULES1 Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: ■ 2023–25–10 The Boeing Company: Amendment 39–22637; Docket No. FAA–2023–1648; Project Identifier AD– 2022–01501–T. VerDate Sep<11>2014 16:21 Jan 02, 2024 Jkt 262001 (a) Effective Date This airworthiness directive (AD) is effective February 7, 2024. (b) Affected ADs None. (c) Applicability This AD applies to The Boeing Company Model 787–8, 787–9, and 787–10 airplanes, certificated in any category, as identified in Boeing Service Letter 787–SL–25–025, dated September 6, 2022. (d) Subject Air Transport Association (ATA) of America Code 25, Equipment/furnishings. (e) Unsafe Condition This AD was prompted by a reported quality escapement where the seat track fitting nuts were under-torqued on some flight attendant seats in production. The FAA is issuing this AD to address under-torqued seat track fitting nuts. The unsafe condition, if not addressed, could result in the forwardfacing flight attendant seats breaking free in a high load event, causing injury to flight attendants, and blocking the exits during emergency egress. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Re-torque Seat Track Fitting Nuts Within 6 months after the effective date of this AD, re-torque each free-standing attendant seat track fitting nut in accordance with Steps 2., 3., and 4. of ‘‘Suggested Operator Action’’ of Boeing Service Letter 787–SL–25–025, dated September 6, 2022. (h) Alternative Methods of Compliance (AMOCs) (1) The Manager, AIR–520 Continued Operational Safety 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 certification office, send it to the attention of the person identified in paragraph (i) of this AD. Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by The Boeing Company Organization Designation Authorization (ODA) that has been authorized by the Manager, AIR–520 Continued Operational Safety Branch, FAA, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD. PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 (i) Related Information For more information about this AD, contact Tony Koung, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206–231–3985; email: Tony.Koung@faa.gov. (j) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) 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 the AD specifies otherwise. (i) Boeing Service Letter 787–SL–25–025, dated September 6, 2022. (ii) [Reserved] (3) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; website myboeingfleet.com. (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 fr.inspection@nara.gov. Issued on December 14, 2023. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–28855 Filed 1–2–24; 8:45 am] BILLING CODE 4910–13–P 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 Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: 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 SUMMARY: E:\FR\FM\03JAR1.SGM 03JAR1 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Rules and Regulations repetitive inspections for cracking or broken rivets of certain left- and righthand 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. 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. DATES: ADDRESSES: ddrumheller on DSK120RN23PROD with RULES1 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: • For material incorporated by reference in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; 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 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 9-avsnyaco-cos@faa.gov. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:21 Jan 02, 2024 Jkt 262001 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 leftand 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. PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 249 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. E:\FR\FM\03JAR1.SGM 03JAR1 250 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Rules and Regulations Costs of Compliance FAA estimates the following costs to comply with this AD: The FAA estimates that this AD affects 10 airplanes of U.S. registry. The ESTIMATED COSTS FOR REQUIRED ACTIONS Labor cost Parts cost Cost per product Up to 17 work-hours × $85 per hour = Up to $1,445 ..... Up to $14,002 .................... Up to $15,447 .................... 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. ddrumheller on DSK120RN23PROD with RULES1 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. VerDate Sep<11>2014 16:21 Jan 02, 2024 Jkt 262001 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 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by: a. Removing Airworthiness Directive (AD) 2021–02–18, Amendment 39– 21401 (86 FR 10740, February 23, 2021); and ■ 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. PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Cost on U.S. operators Up to $154,470. (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 E:\FR\FM\03JAR1.SGM 03JAR1 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Rules and Regulations 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 DOAauthorized 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 ddrumheller on DSK120RN23PROD with RULES1 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: 9-AVS-AIR-730-AMOC@faa.gov. (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 9-avs-nyaco-cos@ faa.gov. (l) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference of the service information listed in this VerDate Sep<11>2014 16:21 Jan 02, 2024 Jkt 262001 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 ADs@easa.europa.eu; 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 fr.inspection@nara.gov. 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 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–1892; Project Identifier MCAI–2023–00626–E; Amendment 39–22647; AD 2023–26–04] RIN 2120–AA64 Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG Engines Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) for all Rolls-Royce Deutschland Ltd & Co KG (RRD) Model Trent 1000–AE3, Trent 1000–CE3, Trent 1000–D3, Trent 1000– G3, Trent 1000–H3, Trent 1000–J3, Trent 1000–K3, Trent 1000–L3, Trent 1000–M3, Trent 1000–N3, Trent 1000– P3, Trent 1000–Q3, and Trent 1000–R3 engines. This AD is prompted by a determination that certain intervals for visual inspection of the intermediatepressure stage 8 (IP8) and high-pressure stage 3 (HP3) air transfer tubes and front bearing housing IP8 air feed tubes need to be reduced. This AD requires initial and repetitive visual inspections of the IP8 and HP3 air transfer tubes and front bearing housing IP8 air feed tubes for cracking, damage, or air leakage wear, SUMMARY: PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 251 and replacement, if necessary, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference (IBR). 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–2023–1892; 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 service information identified in this final rule, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email: ADs@easa.europa.eu; website: easa.europa.eu. You may find this material on the EASA website at ad.easa.europa.eu. • You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call (817) 222–5110. It is also available at regulations.gov under Docket No. FAA–2023–1892. FOR FURTHER INFORMATION CONTACT: Sungmo Cho, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: (781) 238– 7241; email: sungmo.d.cho@faa.gov. SUPPLEMENTARY INFORMATION: Background The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all RRD Model Trent 1000– AE3, Trent 1000–CE3, Trent 1000–D3, Trent 1000–G3, Trent 1000–H3, Trent 1000–J3, Trent 1000–K3, Trent 1000–L3, Trent 1000–M3, Trent 1000–N3, Trent 1000–P3, Trent 1000–Q3, and Trent 1000–R3 engines. The NPRM published in the Federal Register on September 29, 2023 (88 FR 67121). The NPRM was prompted by EASA AD 2023–0087, dated April 26, 2023 (EASA AD 2023– E:\FR\FM\03JAR1.SGM 03JAR1

Agencies

[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.

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

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:
     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.
     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 [email protected].

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: [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; telephone 516-228-7300; 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 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 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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