[Federal Register Volume 61, Number 73 (Monday, April 15, 1996)]
[Rules and Regulations]
[Pages 16382-16384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8535]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 92-NM-75-AD; Amendment 39-9564; AD 96-07-14]


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all CASA Model C-212-CB, -CC, -CD, -CE, and -CF series 
airplanes, that requires supplemental structural inspections, and 
repair or replacement, as necessary, to ensure the continued 
airworthiness of these airplanes. This amendment 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 this AD are intended to prevent reduced 
structural integrity of these airplanes.

DATES: Effective May 15, 1996.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 15, 1996.

ADDRESSES: The service information referenced in this AD may be 
obtained from Construcciones Aeronauticas, S.A., Getafe, Madrid, Spain. 
This information may be examined at the Federal Aviation Administration 
(FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, 
SW., Renton, Washington; or at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Gregory Dunn, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 
227-2799; fax (206) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to all CASA Model C-212-CB, -CC, -CD, 
-CE, and -CF series airplanes was published in the Federal Register on 
May 3, 1995 (60 FR 21772). That action proposed to require supplemental 
structural inspections, and repair or replacement, as necessary. That 
action also proposed to require that results of these inspections, 
positive or negative, be reported to CASA. Additionally, the action 
proposed to require replacement of certain horizontal stabilizer-to-
fuselage attach fittings on Model C-212-CB series airplanes.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    Three commenters request that Model C-212-DF series airplanes be 
removed from the applicability of the proposed AD. The commenters 
remark that those airplanes are not included in the effectivity listing 
of CASA Supplemental Inspection Document (SID) C-212-PV-01-SID, dated 
June 1, 1987 (hereinafter referred to as the ``Document''). Further, 
that airplane model is far from achieving the thresholds specified in 
the Document. Additionally, a revision of the Document is in progress 
currently; that revision will address the special features of that 
model. The FAA concurs with the commenters' request for the reasons 
presented, and has revised the final rule accordingly. The FAA may 
consider further rulemaking relevant to that model.
    These commenters also request that the compliance time for 
replacement of the horizontal stabilizer-to-fuselage attach fittings, 
as specified in paragraph (a) of the proposed AD, be revised from 
``16,500 total hours time-in-service'' to ``16,500 total landings,'' in 
order to be consistent with Spanish airworthiness directive 2-88, 
Revision 1, dated May 17, 1993. The FAA concurs with the commenters' 
request, and finds that the compliance time in terms of landings is 
more appropriate. The FAA has revised paragraph (a) of the final rule 
accordingly.
    One commenter requests that the compliance time for revising the 
maintenance inspection program, as specified in paragraph (b)(1) of the 
proposed AD, be revised from ``20,000 total landings or 20,000 total 
hours time-in-service, whichever occurs first'' to ``20,000 total 
landings'' only. The commenter considers this request necessary in 
order to ensure that the threshold specified in proposed AD is 
consistent with that specified in the Document. The FAA does not concur 
with the commenter's request. The FAA's intent is that the compliance 
times specified in this AD be consistent with those of Spanish 
airworthiness directive 2-88, Revision 1, dated May 17, 1993. The FAA 
finds that the compliance time, as presented in the proposal and in the 
Spanish airworthiness directive, is more appropriate for initiating 
timely detection and correction of problems associated with fatigue in 
the affected components. Therefore, the compliance times specified in 
paragraph (b)(1) of the final rule have not been changed.
    Two commenters, the manufacturer and the foreign airworthiness 
authority, request that the FAA add a note to the proposed AD to 
indicate that the thresholds and intervals specified in AD 89-02-08 R1, 
amendment 39-6280 (54 FR 1341, January 13, 1989), for accomplishment of 
certain requirements associated with the flap control system are more 
restrictive than the thresholds and intervals specified in the Document 
and in this proposed AD for accomplishment of the same requirements. 
The commenters request that a note be included in the AD in order to 
avoid confusion among the operators of the affected airplanes. The FAA 
concurs that clarification is necessary. The FAA acknowledges that 
certain thresholds and intervals specified in the Document for 
inspection of the flap control system may overlap with those specified 
in AD 89-02-08 R1. The FAA has revised paragraph (b) of this final rule 
to add a note specifying that where such differences exist, the 
thresholds and intervals specified in AD 89-02-08 R1 prevail.
    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

[[Page 16383]]

    The FAA estimates that 33 airplanes of U.S. registry and 16 U.S. 
operators will be affected by this AD.
    The FAA estimates that 2 Model C-212-CB series airplanes of U.S. 
registry will be required to replace certain horizontal stabilizer-to-
fuselage attach fittings. The required replacement will take 
approximately 250 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Required parts will cost approximately 
$18,941 per airplane. Based on these figures, the cost impact of the 
required replacement on 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 
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 requirements is estimated 
to be $613,800 for the affected U.S. fleet, or $18,600 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the 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 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 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 AD would be redundant and unnecessary.
    The regulations adopted herein will 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 final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 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 USC 106(g), 40113, 44701.


Sec. 39.13   [Amended]

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

96-07-14  Construcciones Aeronauticas, S.A. (CASA): Amendment 39-
9564. Docket 92-NM-75-AD.

    Applicability: All Model C-212-CB, -CC, -CD, -CE, and -CF 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 
otherwise 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 request approval for an 
alternative method of compliance in accordance with paragraph (e) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    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 landings, 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.

    Note 3: Certain thresholds and intervals for inspections of the 
wing flap control system required by AD 89-02-08 R1, amendment 39-
6280, are more restrictive than those specified in the Document. 
Where differences exist, the thresholds and intervals specified in 
AD 89-02-08 R1 prevail.
    (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

[[Page 16384]]

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 4: 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.
    (g) The maintenance program revision shall be done in accordance 
with CASA Supplemental Inspection Document (SID) C-212-PV-01-SID, 
dated June 1, 1987.

    Note: The date of Volumes 2 and 3 of the SID is indicated only 
on the title page of the volume.

    This incorporation by reference was approved by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies may be obtained from Construcciones Aeronauticas, 
S.A., Getafe, Madrid, Spain. Copies may be inspected at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.
    (h) This amendment becomes effective on May 15, 1996.

    Issued in Renton, Washington, on March 28, 1996.
Bill R. Boxwell,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-8535 Filed 4-12-96; 8:45 am]
BILLING CODE 4910-13-P