[Federal Register Volume 88, Number 122 (Tuesday, June 27, 2023)]
[Proposed Rules]
[Pages 41510-41513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13497]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1218; Project Identifier MCAI-2022-01025-A]
RIN 2120-AA64


Airworthiness Directives; Vulcanair S.p.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Vulcanair S.p.A. Model V1.0 airplanes. This proposed AD 
results from mandatory continuing airworthiness information (MCAI) 
originated by an aviation authority of another country to identify and 
correct an unsafe condition on an aviation product. The MCAI identifies 
the unsafe condition as corrosion on the lower fuselage truss. This 
proposed AD would require a detailed visual inspection of the right-
hand (RH) and left-hand (LH) lower rear attachments of the fuselage 
truss for corrosion, a tactile inspection of the lower rear attachments 
for missing sealant, and a general visual inspection of the lower 
fuselage truss welded pipes for corrosion and the related rivets for 
missing stems and, depending on findings, additional inspections and 
actions (including a tap test) and applicable corrective actions. The 
FAA is proposing this AD to address the unsafe condition on these 
products.

DATES: The FAA must receive comments on this NPRM by August 11, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5

[[Page 41511]]

p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1218; 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 MCAI, any comments received, and other 
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this NPRM, contact 
Vulcanair S.p.A., via G. Pascoli, 7, 80026 Casoria (NA), Italy; phone: 
+39 081 5918111; email: [email protected]; website: 
support.vulcanair.com.
     You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 Locust, 
Kansas City, MO 64106. For information on the availability of this 
material at the FAA, call (817) 222-5110.

FOR FURTHER INFORMATION CONTACT: John DeLuca, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (516) 
228-7369; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2023-1218; Project Identifier 
MCAI-2022-01025-A'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to John 
DeLuca, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590. 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 European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union, has issued 
EASA AD 2022-0155, dated August 1, 2022 (referred to after this as 
``the MCAI''), to correct an unsafe condition on certain serial-
numbered Vulcanair S.p.A. Model V1.0 airplanes.
    The MCAI was prompted by reports of corrosion on the lower fuselage 
truss on two Vulcanair Model V1.0 airplanes. Missing sealant or missing 
rivet stems were determined to be the root cause of corrosion by 
allowing water ingress into the lower fuselage truss. In both reported 
cases, corrosion was externally visible, having penetrated the 
thickness of the pipes. However, corrosion could be present inside the 
pipes and remain undetected without proper inspection. This condition, 
if not detected and corrected, could result in loss of control of the 
airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1218.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Vulcanair Aircraft V1 series Service Bulletin VA-
22, rev. 0, dated June 15, 2022 (Vulcanair SB VA-22). This service 
information specifies procedures for inspections of the lower fuselage 
truss for corrosion, missing sealant, and missing rivet stems; and, in 
case of findings, additional inspections and actions to detect 
corrosion, including a tap test and raising the airplane nose. This 
service information specifies to contact Vulcanair for corrective 
actions.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in ADDRESSES.

FAA's Determination

    These products have been approved by the aviation authority of 
another country and are 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 and service information described above. The FAA is issuing 
this NPRM after determining the unsafe condition described previously 
is likely to exist or develop on other products of the same type 
design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the MCAI, except as discussed under ``Differences Between this 
Proposed AD and the MCAI.''

Differences Between This Proposed AD and the MCAI

    Although Vulcanair SB VA-22 specifies that ``in case of doubts, 
raise the aircraft nose and audibly detect the presence of corrosion 
residues inside the fuselage truss,'' this proposed AD would not 
require that action.
    Paragraph (1) of the MCAI states to ``accomplish a general visual 
and tactile inspection of the right-hand (RH) and left-hand (LH) lower 
rear attachments of the fuselage truss'' in accordance with the 
instructions of Part A of Vulcanair SB VA-22. However, step 14, Part A, 
of Vulcanair SB VA-22 specifies to do a detailed visual inspection. In 
email communication between EASA and the FAA, EASA clarified that this 
should be a detailed visual inspection performed in accordance with the 
procedures specified in Vulcanair SB VA-22; therefore, this proposed AD 
would require a detailed visual inspection of the RH and LH lower rear 
attachments of the fuselage truss for corrosion.
    The MCAI requires contacting the manufacturer for approved 
corrective action instructions if any corrosion is found on the lower 
fuselage truss. This proposed AD would require contacting either the 
Manager, International Validation Branch, FAA; or EASA; or Vulcanair's 
EASA Design Organization Approval (DOA). If approved by the DOA, the 
approval must include the DOA-authorized signature.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 17 airplanes of U.S. registry.

[[Page 41512]]

    The FAA estimates the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
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Detailed visual inspection and        8 work-hours x $85 per               $0             $680          $11,560
 tactile inspection of the RH and LH   hour = $680.
 lower rear attachments, and a
 general visual inspection of the
 pipes.
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    The FAA estimates the following costs to do any necessary actions 
that would be required based on the results of the proposed 
inspections.

                                               On-Condition Costs
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                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Remove sealant and detailed inspection of       4 work-hours x $85 per hour =                 $0            $340
 inner face of longitudinal tubes connected to   $340.
 lower rear attachments.
Detailed visual inspection and tap test of the  4 work-hours x $85 per hour =                  0             340
 lower fuselage truss pipes.                     $340.
Installation of plug P/N 5034-011 on RH and LH  0.50 work-hour x $85 per hour =              130          172.50
 lower rear attachments.                         $42.50.
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    The corrective action instructions that may be needed as a result 
of these inspections could vary significantly from airplane to 
airplane. The FAA has no data to determine the costs to accomplish 
those corrective actions or the number of airplanes that would need 
these corrective actions.

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 adding the following new airworthiness 
directive:

Vulcanair S.p.A.: Docket No. FAA-2023-1218; Project Identifier MCAI-
2022-01025-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 11, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Vulcanair S.p.A. Model V1.0 airplanes, serial 
numbers (S/Ns) 1001 through 1034 inclusive, except S/Ns 1008 and 
1019, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 5311, Fuselage Main, 
Frame.

(e) Unsafe Condition

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country to identify and correct an unsafe condition on an aviation 
product. The MCAI identifies the unsafe condition as corrosion on 
the lower fuselage truss. The FAA is issuing this AD to address the 
unsafe condition. The unsafe condition, if not addressed, could 
result in loss of control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    Within 100 hours time-in-service or 12 months after the 
effective date of this AD, whichever occurs first, do a detailed 
visual inspection of the right-hand (RH) and left-hand (LH) lower 
rear attachments of the fuselage truss for corrosion, a tactile 
inspection of the RH and LH lower rear attachments of the fuselage 
truss for missing sealant, a general visual inspection of the

[[Page 41513]]

pipes on the lower fuselage truss for corrosion, and a general 
visual inspection of the pipes on the lower fuselage truss for 
rivets with missing stems, in accordance with steps 13 and 14 of 
Part A, in Part 2, Work Procedure, of Vulcanair Aircraft V1 series 
Service Bulletin VA-22, rev. 0, dated June 15, 2022 (Vulcanair SB 
VA-22).
    (1) If, during the inspections required by the introductory text 
of paragraph (g) of this AD, no missing sealant and no corrosion of 
the LH and RH lower rear attachments are detected, and no corrosion 
and no missing rivet stems of the lower fuselage truss pipes are 
detected, before further flight, install part number (P/N) 5034-011 
plugs on both the RH and LH rear attachments, in accordance with 
step 16 of Part A, in Part 2, Work Procedure, of Vulcanair SB VA-22. 
After installation of the plugs, no further action is required by 
this AD.
    (2) If, during the inspections required by the introductory text 
of paragraph (g) of this AD, corrosion, missing sealant, or missing 
rivet stems are detected, before further flight, do the following as 
applicable:
    (i) If corrosion or missing sealant is detected during the 
detailed visual inspection or tactile inspection of the RH and LH 
lower rear attachments, remove any sealant and do a detailed visual 
inspection for corrosion in accordance with step 26 of Part B, in 
Part 2, Work Procedure, of Vulcanair SB VA-22.
    (ii) If corrosion or missing rivet stems are detected during the 
general visual inspection of the lower fuselage truss pipes, do a 
detailed visual inspection and tap test for corrosion in accordance 
with steps 27 and 28 of Part B, in Part 2, Work Procedure, of 
Vulcanair SB VA-22.
    (3) If, during any inspection required by paragraph (g)(2) of 
this AD, any corrosion is detected on the lower fuselage truss, 
before further flight, contact the Manager, International Validation 
Branch, FAA; or European Union Aviation Safety Agency (EASA); or 
Vulcanair's EASA Design Organization Approval (DOA) for corrective 
action instructions and do the corrective actions. If approved by 
the DOA, the approval must include the DOA-authorized signature.
    (4) If, during the inspections required by paragraph (g)(2) of 
this AD, no corrosion is detected, before further flight, apply 
sealant on rivets with absent stems, restore as necessary the 
sealant inside the RH and LH lower rear attachments, and install 
plugs P/N 5034-011 on both the RH and LH rear attachments, in 
accordance with the instructions in steps 31 and 32 of Part B, in 
Part 2, Work Procedure, of Vulcanair SB VA-22.

(h) Special Flight Permits

    Special flight permits are prohibited.

(i) 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 local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, mail 
it to the address identified in paragraph (j)(2) of this AD or email 
to: [email protected]. If mailing information, also submit 
information by email. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office/
certificate holding district office.

(j) Additional Information

    (1) Refer to EASA AD 2022-0155, dated August 1, 2022, for 
related information. This EASA AD may be found in the AD docket at 
regulations.gov under Docket No. FAA-2023-1218.
    (2) For more information about this AD, contact John DeLuca, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (516) 228-7369; email: 
[email protected].

(k) 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 the AD specifies otherwise.
    (i) Vulcanair Aircraft V1 series Service Bulletin VA-22, rev. 0, 
dated June 15, 2022.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Vulcanair S.p.A., via G. Pascoli, 7, 80026 Casoria (NA), Italy; 
phone: +39 081 5918111; email: [email protected]; website: 
support.vulcanair.com.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 
Locust, Kansas City, MO 64106. For information on the availability 
of this material at the FAA, call (817) 222-5110.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 20, 2023.
Gaetano A. Sciortino,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-13497 Filed 6-26-23; 8:45 am]
BILLING CODE 4910-13-P


