[Federal Register Volume 62, Number 91 (Monday, May 12, 1997)] [Rules and Regulations] [Pages 25833-25834] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-12042] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 96-NM-144-AD; Amendment 39-10019; AD 97-10-07] RIN 2120-AA64 Airworthiness Directives; Construcciones Aeronauticas, S.A. (CASA) Model CN-235 Series Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This amendment adopts a new airworthiness directive (AD), applicable to certain CASA Model CN-235 series airplanes, that requires disabling the brake control valve of the propeller. This amendment also requires that, prior to restoring propeller brake operation, the propeller brake control unit be replaced with a certain new propeller brake control unit. This amendment is prompted by reports of uncommanded activation of the propeller brake system on in-service airplanes during flight, due to the existing design of the brake control valve. The actions specified by this AD are intended to prevent in-flight uncommanded activation of the propeller brake system, which could result in in-flight shutdown of the engine. DATES: Effective June 16, 1997. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of June 16, 1997. 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: Greg Dunn, Aerospace Engineer, Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 227-2799; fax (425) 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 certain CASA Model CN-235 series airplanes was published in the Federal Register on February 19, 1997 (62 FR 7378). That action proposed to require, first, disabling the brake control valve of the propeller. Then, prior to restoring propeller brake operation, the action proposed to require replacement of certain propeller brake control units with certain new propeller brake control units. Interested persons have been afforded an opportunity to participate in the making of this amendment. No comments were submitted in response to the proposal or the FAA's determination of the cost to the public. Conclusion The FAA has determined that air safety and the public interest require the adoption of the rule as proposed. Cost Impact The FAA estimates that 2 CASA Model CN-235 series airplanes of U.S. registry will be affected by this AD. It will take approximately 3 work hours per airplane to accomplish the required disabling of the brake control valve, at an average labor rate of $60 per work hour. Based on these figures, the cost impact of this required action on U.S. operators is estimated to be $360, or $180 per airplane. It will take approximately 8 work hours per airplane to accomplish the required replacement, at an average labor rate of $60 per work hour. Required parts will be supplied by the manufacturer at no cost to the operators. Based on these figures, the cost impact of this required action on U.S. operators is estimated to be $960, or $480 per airplane. The cost impact figures discussed above are 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. [[Page 25834]] Regulatory Impact 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 U.S.C. 106(g), 40113, 44701. Sec. 39.13 [Amended] 2. Section 39.13 is amended by adding the following new airworthiness directive: 97-10-07 Construcciones Aeronauticas, S.A., CASA: Amendment 39- 10019. Docket 96-NM-144-AD. Applicability: All Model CN-235, CN-235-100, and CN-235-200 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 (c) 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 in-flight uncommanded activation of the propeller brake system, which could result in in-flight shutdown of the engine, accomplish the following: (a) Within 10 days after the effective date of this AD, disable the brake control valve of the propeller in accordance with Annex 1 of CASA Communication COM 235-82, Revision 3, dated January 31, 1995. (b) Prior to restoring propeller brake operation, replace the propeller brake control unit having part number (P/N) HP1410100-5 or HP1410100-7, with a new propeller brake control unit having P/N HP1410100-9, in accordance with CASA Service Bulletin SB-235-61-01, dated October 11, 1994; or CASA Service Bulletin SB-235-61-01M, Revision 2 (for military airplanes), dated January 25, 1996; as applicable. Accomplishment of this replacement constitutes terminating action for the requirements of paragraph (a) of this AD. (c) 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. (d) 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. (e) Disabling the brake control valve of the propeller shall be done in accordance with Annex 1 of CASA Communication COM 235-82, Revision 3, dated January 31, 1995. The replacement shall be done in accordance with CASA Service Bulletin SB-235-61-01, dated October 11, 1994; or CASA Service Bulletin SB-235-61-01M, Revision 2, dated January 25, 1996; as applicable. CASA Service Bulletin SB-235-61- 01M, Revision 2, dated January 25, 1996, contains the following list of effective pages: ------------------------------------------------------------------------ Revision level shown on Page No. page Date shown on page ------------------------------------------------------------------------ 1..................... 1...................... November 27, 1995. 2..................... 2...................... January 25, 1996. 3-11.................. Original............... October 11, 1994. ------------------------------------------------------------------------ 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. (f) This amendment becomes effective on June 16, 1997. Issued in Renton, Washington, on May 2, 1997. S.R. Miller, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 97-12042 Filed 5-9-97; 8:45 am] BILLING CODE 4910-13-U