[Federal Register Volume 60, Number 85 (Wednesday, May 3, 1995)]
[Proposed Rules]
[Pages 21772-21774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10828]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 92-NM-75-AD]


Airworthiness Directives; Construcciones Aeronauticas, S.A. 
(CASA), Model C-212-CB, -CC, -CD, -CE, -CF, and -DF Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to all CASA Model C-212-CB, -CC, -CD, 
-CE, -CF, and -DF series airplanes. This proposal would require 
supplemental structural inspections, and repair or replacement, as 
necessary, to ensure the continued airworthiness of these airplanes. 
This proposal is prompted by a structural reevaluation, which 
identified certain significant structural components to inspect for 
fatigue cracks as these airplanes approach and exceed the 
manufacturer's original fatigue design life goal. The actions specified 
by the proposed AD are intended to prevent reduced structural integrity 
of these airplanes.

DATES: Comments must be received by June 12, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 92-NM-75-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056. Comments may be inspected at this location 
between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal 
holidays.
    The service information referenced in the proposed rule may be 
obtained from Construcciones Aeronauticas, S.A., Getafe, Madrid, Spain. 
This information may be examined at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Sam Grober, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 
227-1187; fax (206) 227-1320.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 92-NM-75-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules 
Docket No. 92-NM-75-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    In June 1988, the FAA sponsored a conference on aging airplane 
issues, which was attended by representatives of the aviation industry 
from around the world. It became obvious that, because of the 
tremendous increase in air travel, the relatively slow pace of new 
airplane production, and the apparent economic feasibility of operating 
older technology airplanes rather than retiring them, increased 
attention needed to be focused on this aging fleet and maintaining its 
continued operational safety.
    The FAA, in concert with the Regional Airline Association (RAA); 
several U.S. and non-U.S. operators of the affected airplanes; the 
Direccion General de Aviacion Civil (DGAC), which is the airworthiness 
authority for Spain; and Construcciones Aeronauticas, S.A. (CASA); has 
agreed to undertake the task of identifying and implementing procedures 
to ensure continuing structural airworthiness of aging commuter-class 
airplanes. This group reviewed selected service bulletins, applicable 
to CASA Model C-212-CB, -CC, -CD, -CE, -CF, and -DF series airplanes, 
to be recommended for mandatory rulemaking action to ensure the 
continued operational safety of these airplanes.
    The group reviewed and recommended CASA Supplemental Inspection 
Document (SID) C-212-PV-01-SID, dated June 1, 1987 (hereinafter 
referred to as the ``Document''), for mandatory rulemaking action. The 
Document describes procedures for implementing a structural inspection 
program, which includes inspections of the following Principal 
Structural Elements (PSE's) on the airplane:
    1. 6 PSE's of the flap controls;
    2. 24 PSE's of the fuselage structure, attach lugs and bolts, 
frame, and attachments;
    3. 14 PSE's of the horizontal and vertical tails;
    4. 14 PSE's of the wings; and
    5. 8 PSE's of the engine support structure, firewall attach 
fittings, attach fittings to the wing, and attach bolts.
    The Document also provides information addressing retirement lives, 
stress analysis, and fatigue inspections.
    The intent of this Document is to positively address fatigue 
cracking of [[Page 21773]] the significant structural components 
described previously as these airplanes approach and exceed the 
manufacturer's original fatigue design life goal. Fatigue cracking of 
these components, if not detected and corrected in a timely manner, 
could result in reduced structural integrity of the airplane.
    The DGAC classified the Document as mandatory and issued Spanish 
airworthiness directive 02-88, Revision 1, dated May 17, 1993, in order 
to assure the continued airworthiness of these airplanes in Spain.
    Additionally, results of fatigue tests accomplished by CASA at the 
time of type certification of these airplanes have revealed that, for 
Model C-212-CB series airplanes, certain horizontal stabilizer-to-
fuselage attach fittings must be replaced prior to incorporation of the 
SID program.
    This airplane model is manufactured in Spain and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above. The FAA has examined the findings of 
the DGAC, reviewed all available information, and determined that AD 
action is necessary for products of this type design that are 
certificated for operation in the United States.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, the proposed AD would require supplemental 
structural inspections, and repair or replacement, as necessary. The 
actions would be required to be accomplished in accordance with the 
Document described previously. This proposed AD also would require that 
results of these inspections, positive or negative, be reported to 
CASA.
    This proposed AD also would require replacement of certain 
horizontal stabilizer to fuselage attach fittings on Model C-212-CB 
series airplanes. The replacement would be required to be accomplished 
in accordance with procedures specified in the CASA C-212 Aircraft 
Maintenance Manual.
    As a result of recent communications with the Air Transport 
Association (ATA) of America, the FAA has learned that, in general, 
some operators may misunderstand the legal effect of AD's on airplanes 
that are identified in the applicability provision of the AD, but that 
have been altered or repaired in the area addressed by the AD. The FAA 
points out that all airplanes identified in the applicability provision 
of an AD are legally subject to the AD. If an airplane has been altered 
or repaired in the affected area in such a way as to affect compliance 
with the AD, the owner or operator is required to obtain FAA approval 
for an alternative method of compliance with the AD, in accordance with 
the paragraph of each AD that provides for such approvals. A note has 
been included in this notice to clarify this long-standing requirement.
    The FAA estimates that 33 airplanes of U.S. registry and 16 U.S. 
operators would be affected by this proposed AD.
    The FAA estimates that 2 Model C-212-CB series airplanes of U.S. 
registry would be required to replace certain horizontal stabilizer to 
fuselage attach fittings. The proposed replacement would take 
approximately 250 work hours at an average labor rate of $60 per work 
hour. Required parts would cost approximately $18,941 per airplane. 
Based on these figures, the total cost of this proposed replacement to 
the 2 U.S. operators of Model C-212-CB series airplanes is estimated to 
be $67,882, or $33,941 per airplane.
    Incorporation of the SID into an operator's maintenance program is 
estimated to necessitate 60 work hours at an average labor rate of $60 
per work hour. Sixteen U.S. operators would be required to incorporate 
the SID into their maintenance programs. Based on these figures, the 
total cost to these 16 U.S. operators is estimated to be $57,600, or 
$3,600 per operator.
    The recurring inspections cost is estimated to be 310 work hours 
per airplane at an average labor rate of $60 per work hour. Based on 
these figures, the recurring cost for these proposed requirements is 
estimated to be $613,800 for the affected U.S. fleet, or $18,600 per 
airplane.
    The total cost impact figure discussed above is based on 
assumptions that no operator has yet accomplished any of the proposed 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted.
    The FAA recognizes that the obligation to maintain aircraft in an 
airworthy condition is vital, but sometimes expensive. Because AD's 
require specific actions to address specific unsafe conditions, they 
appear to impose costs that would not otherwise be borne by operators. 
However, because of the general obligation of operators to maintain 
aircraft in an airworthy condition, this appearance is deceptive. 
Attributing those costs solely to the issuance of this AD is 
unrealistic because, in the interest of maintaining safe aircraft, 
prudent operators would accomplish the required actions even if they 
were not required to do so by the AD.
    A full cost-benefit analysis has not been accomplished for this 
proposed AD. As a matter of law, in order to be airworthy, an aircraft 
must conform to its type design and be in a condition for safe 
operation. The type design is approved only after the FAA makes a 
determination that it complies with all applicable airworthiness 
requirements. In adopting and maintaining those requirements, the FAA 
has already made the determination that they establish a level of 
safety that is cost-beneficial. When the FAA, as in this proposed AD, 
makes a finding of an unsafe condition, this means that the original 
cost-beneficial level of safety is no longer being achieved and that 
the proposed actions are necessary to restore that level of safety. 
Because this level of safety has already been determined to be cost-
beneficial, a full cost-benefit analysis for this proposed AD would be 
redundant and unnecessary.
    The regulations proposed herein would not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part [[Page 21774]] 39 of the Federal Aviation Regulations (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. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

Construcciones Aeronauticas, S.A. (CASA): Docket 92-NM-75-AD.

    Applicability: All Model C-212-CB, -CC, -CD, -CE, -CF, and -DF 
series airplanes, certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must use the authority 
provided in paragraph (e) to request approval from the FAA. This 
approval may address either no action, if the current configuration 
eliminates the unsafe condition; or different actions necessary to 
address the unsafe condition described in this AD. Such a request 
should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any airplane from the applicability of this AD.

    Compliance: Required as indicated, unless accomplished 
previously. To prevent reduced structural integrity of the airplane, 
accomplish the following:
    (a) For Model C-212-CB series airplanes: Prior to the 
accumulation of 16,500 total hours time-in-service, or within 6 
months after the effective date of this AD, whichever occurs later, 
replace the horizontal stabilizer to fuselage attach fittings, part 
numbers 212-31101.05 and 212-31102.05, with part numbers 212-
31122.03 and 212-31123.05, respectively, in accordance with the CASA 
C-212 Aircraft Maintenance Manual, Chapter 5, Section 5-20, task 
number 55.15.

    Note 2: Replacement of the attach fittings on Model C-212-CB 
series airplanes may be accomplished by replacing part numbers 212-
31101.05 and 212-31102.05 with part numbers 212-31123.30 and 212-
31122.29, respectively.

    (b) For all airplanes: Incorporate a revision into the FAA-
approved maintenance inspection program that provides for inspection 
of the Principal Structural Elements (PSE) defined in CASA 
Supplemental Inspection Document (SID) C-212-PV-01-SID, dated June 
1, 1987 (hereinafter referred to as the ``Document''), at the later 
of the times specified in paragraphs (b)(1) and (b)(2) of this AD.
    (1) Prior to the accumulation of 20,000 total landings or 20,000 
total hours time-in-service, whichever occurs first. Or
    (2) Within 9 months after the effective date of this AD.
    (c) Any cracked structure detected during the inspections 
required by paragraph (b) of this AD must be repaired or replaced, 
prior to further flight, in accordance with the instructions in the 
Document, or in accordance with other data meeting the certification 
basis of the airplane that is approved by the FAA or by the 
Direccion General de Aviacion Civil (DGAC).
    (d) Within 10 days after accomplishing each inspection required 
by paragraph (b) of this AD, report the results (positive or 
negative) of each inspection required by paragraph (b) of this AD to 
CASA in accordance with the Document. Information collection 
requirements contained in this regulation have been approved by the 
Office of Management and Budget (OMB) under the provisions of the 
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and have 
been assigned OMB Control Number 2120-0056.
    (e) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Standardization Branch, ANM-113, 
FAA, Transport Airplane Directorate. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, 
Standardization Branch, ANM-113.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.

    (f) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

    Issued in Renton, Washington, on April 27, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-10828 Filed 5-2-95; 8:45 am]
BILLING CODE 4910-13-U