[Federal Register Volume 61, Number 219 (Tuesday, November 12, 1996)]
[Proposed Rules]
[Pages 58014-58016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28867]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 96-NM-89-AD]
RIN 2120-AA64


Airworthiness Directives; Construcciones Aeronauticas, S.A. 
(CASA), Model C-212 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to all CASA Model C-212 series 
airplanes. This proposal would require that the rudder pedal assemblies 
be adjusted prior to each flight until the rudder pedal setting 
mechanisms are modified. It also would require replacement of the 
attachment rails for certain flight crew seats. This proposal is 
prompted by reports indicating that the flight crew may not be able to 
achieve the maximum certified deflection of the rudder at the 
airplane's minimum controllable airspeed and in other flight 
conditions, because the existing range of settings for adjusting the 
rudder pedals restricts the flight crew in its ability to move the 
rudder. This condition, if not corrected, could result in insufficient 
rudder deflection, and consequent reduction in controllability of the 
airplane.

DATES: Comments must be received by December 23, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 96-NM-89-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: Greg 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:

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 96-NM-89-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. 96-NM-89-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Direccion General de Aviacion (DGAC), which is the 
airworthiness authority for Spain, recently notified the FAA that an 
unsafe condition may exist on all CASA Model C-212 series airplanes. 
The DGAC advises that it has received a report from the manufacturer 
indicating that the flight crew may not be able to achieve the maximum 
certified deflection of the rudder at the airplane's minimum 
controllable

[[Page 58015]]

airspeed and in other flight conditions, because the existing range of 
settings for adjusting the rudder pedals restricts the flight crew in 
its ability to move the rudder. This condition, if not corrected, could 
result in insufficient rudder deflection, and consequent reduction in 
controllability of the airplane.
    The DGAC also notified the FAA that restricted movement of certain 
flight crew seats aboard all Model C-212 series airplanes makes it 
difficult for the crew to adjust the rudder, and contributes to crew 
fatigue. When the crew makes vertical adjustments to the seats, there 
are no corresponding horizontal adjustments; consequently, the crew has 
difficulty reaching the rudder pedals, which results in additional 
limitations on the crew's ability to achieve necessary deflection of 
the rudder.

Explanation of Relevant Service Information

    CASA has issued CASA Flight Operation Instructions COM 212-245, 
Revision 1, dated November 16, 1993, which describes procedures for 
adjusting the left and right rudder pedal assemblies. These procedures 
establish an adjustment limitation for these assemblies.
    CASA also has issued Service Bulletin SB-212-27-47, Revision 1, 
dated April 13, 1994, which describes procedures for modification of 
the left and right rudder pedal setting mechanisms. This modification 
entails installation of stops and other parts, and affects the range of 
settings for adjusting the rudder pedals. Accomplishment of the 
modification will ensure that the maximum certified rudder deflection 
can be obtained at minimum controllable airspeed and in any other 
flight condition. Modification of the rudder pedal setting mechanisms 
eliminates the need for repetitive adjustments of the rudder pedal 
assemblies.
    The service bulletin also describes procedures for replacement of 
the attachment rails on certain flight crew seats. This replacement 
involves the installation of new rails that enable the range of forward 
movement of these seats to be increased. Accomplishment of this 
replacement will ensure that the seats can be moved closer to the 
rudder pedals when the crew makes vertical adjustments to the seats, 
and further enhance the crew's ability to properly position the rudder.
    The DGAC classified these documents as mandatory and issued Spanish 
airworthiness directive 01/93, dated November 24, 1993, in order to 
assure the continued airworthiness of these airplanes in Spain.

FAA's Conclusions

    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.

Explanation of Requirements of Proposed Rule

    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 that the rudder 
pedal assemblies be adjusted prior to each flight until the rudder 
pedal setting mechanisms are modified (by the installation of stops and 
other parts). It also would require replacement of the attachment rails 
for certain flight crew seats. The actions would be required to be 
accomplished in accordance with the service bulletin and product 
support communication described previously.

Differences Between Proposed Rule and Service Information

    Operators should note that the proposed AD and CASA Service 
Bulletin SB-212-27-47, Revision 1, differ as to the time for 
accomplishing the modification of the rudder pedal setting mechanisms 
and replacement of attachment rails. The service bulletin recommends 
that those actions be accomplished within 4 months; however, the 
proposed AD would require that they be accomplished within 6 months. 
The FAA has been advised that an ample number of modification kits may 
not be available to all affected U.S. operators within a 4-month 
compliance time frame. In consideration of this parts availability 
problem, the FAA finds that a compliance time of 6 months should be a 
sufficient time period in which the affected U.S. fleet can be modified 
and an acceptable level of safety maintained.

Cost Impact

    The FAA estimates that 41 CASA Model C-212 series airplanes of U.S. 
registry would be affected by this proposed AD.
    The proposed adjustment of the rudder pedal assemblies would take 
approximately .10 work hour per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the proposed adjustment requirement on U.S. operators is 
estimated to be $246, or $6 per airplane, per adjustment (prior to each 
flight).
    The proposed modification and replacement would take approximately 
64 work hours per airplane to accomplish, at an average labor rate of 
$60 per work hour. Required parts would cost between $2,000 and $5,500 
per airplane, depending on the kit that is installed. Based on these 
figures, the cost impact of these proposed actions on U.S. operators is 
estimated to be between $239,440 and $382,940, or between $5,840 and 
$9,340 per airplane.
    The cost impact figures discussed above are 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.

Regulatory Impact

    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 58016]]

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. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

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

    CASA: Docket 96-NM-89-AD.

    Applicability: All Model C-212 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 (d) 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 the settings for the rudder pedals from restricting 
the flight crew in its ability to move the rudder to its maximum 
certified deflection, which could result in insufficient deflection 
and consequent reduction in controllability of the airplane, 
accomplish the following:
    (a) As of the effective date of this AD, prior to each flight, 
adjust the left and right rudder pedal setting mechanisms in 
accordance with CASA Flight Operation Instructions COM 212-245, 
Revision 1, dated November 16, 1993, until the modification required 
by paragraph (b) of this AD has been accomplished.
    (b) Within 6 months after the effective date of this AD, modify 
the left and right rudder pedal assemblies by installing stops and 
other parts, in accordance with CASA Service Bulletin SB-212-27-47, 
Revision 1, dated April 13, 1994. Accomplishment of this 
modification constitutes terminating action for the repetitive 
adjustments required by paragraph (a) of this AD.
    (c) For CASA Model C-212 series airplanes listed in CASA Service 
Bulletin SB-212-27-47, Revision 1, dated April 13, 1994: Within 6 
months after the effective date of this AD, replace the attachment 
rails for the pilot and co-pilot seats in accordance with CASA 
Service Bulletin SB-212-27-47, Revision 1, dated April 13, 1994.
    (d) 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 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.

    (e) 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 November 5, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-28867 Filed 11-8-96; 8:45 am]
BILLING CODE 4910-13-U