[Federal Register Volume 63, Number 46 (Tuesday, March 10, 1998)]
[Proposed Rules]
[Pages 11631-11632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6020]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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  Federal Register / Vol. 63, No. 46 / Tuesday, March 10, 1998 / 
Proposed Rules  

[[Page 11631]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-297-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 certain CASA Model C-212 series 
airplanes. This proposal would require a one-time inspection of the 
lower shaft and support structure of the rudder for corrosion, repair 
of any discrepancy found, and modification of the structure. This 
proposal is prompted by issuance of mandatory continuing airworthiness 
information by a foreign civil airworthiness authority. The actions 
specified by the proposed AD are intended to prevent corrosion from 
developing in the lower shaft and support structure of the rudder, 
which could result in the failure of the rudder lower shaft and 
consequent reduced controllability of the airplane.

DATES: Comments must be received by April 9, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 97-NM-297-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: Norman B. Martenson, Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2110; fax (425) 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 97-NM-297-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-114, Attention: Rules 
Docket No. 97-NM-297-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Direccion General de Aviacion (DGAC), which is the 
airworthiness authority for Spain, notified the FAA that an unsafe 
condition may exist on certain CASA Model C-212 series airplanes. The 
DGAC advises that at least one C-212 series airplane in service was 
found to have corrosion in the lower shaft and support structure of the 
rudder, due to the entry of water through the space between the upper 
bearing and the fuselage structure. This condition, if not corrected, 
could result in the failure of the rudder lower shaft, and consequent 
reduced controllability of the airplane.

Explanation of Relevant Service Information

    CASA has issued Service Bulletin SB-212-27-34, dated November 22, 
1993, which describes procedures for a one-time inspection of the lower 
shaft and support structure of the rudder for corrosion, and repair of 
any discrepancy found. The service bulletin also describes procedures 
for modification of the lower shaft and its support structure. The 
modification includes installation of new upper and lower supports for 
the rudder lower shaft, incorporation of drain holes, and installation 
of a protective cover and seal to protect the area where the rudder 
shaft passes through the structure. Accomplishment of the actions 
specified in the service bulletin is intended to adequately address the 
identified unsafe condition. The DGAC classified this service bulletin 
as mandatory and issued Spanish airworthiness directive 06/96, dated 
May 21, 1996, 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.

[[Page 11632]]

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 accomplishment of 
the actions specified in the service bulletin described previously, 
except as discussed below.

Differences Between the Foreign AD and This Proposed AD

    Operators should note that, although the Spanish airworthiness 
directive requires modification within two months after the effective 
date of that airworthiness directive, this proposed AD would require 
accomplishment of the modification within seven months after the 
effective date of this proposed AD. CASA has advised the FAA that 
modification kits would be delivered within six months after the order 
date.
    In developing an appropriate compliance time for this AD, the FAA 
considered the degree of urgency associated with addressing the subject 
unsafe condition and the minimum time necessary for operators to order, 
receive, and install kits. In light of these factors, the FAA has 
determined that an interval of seven months is necessary to allow time 
for U.S. operators to order, receive, and install modification kits 
from CASA. The FAA finds a compliance time of seven months for 
accomplishing the modification to be warranted, in that it represents 
an appropriate interval of time allowable for affected airplanes to 
continue to operate without compromising safety.

Cost Impact

    The FAA estimates that 38 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 7 work 
hours per airplane to accomplish the proposed actions, and that the 
average labor rate is $60 per work hour. Required parts would cost 
approximately $400 per airplane. Based on these figures, the cost 
impact of the proposed AD on U.S. operators is estimated to be $31,160, 
or $820 per airplane.
    The 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.

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 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:

Construcciones Aeronauticas, S.A. (CASA): Docket 97-NM-297-AD.

    Applicability: Model C-212 series airplanes, as listed in CASA 
Service Bulletin SB-212-27-34, dated November 22, 1993, 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 request approval for an 
alternative method of compliance in accordance with paragraph (b) 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 corrosion from developing in the lower shaft and 
support structure of the rudder, which could result in the failure 
of the rudder lower shaft and consequent reduced controllability of 
the airplane, accomplish the following:
    (a) Within 7 months after the effective date of this AD, 
accomplish paragraphs (a)(1) and (a)(2) of this AD, in accordance 
with CASA Service Bulletin SB-212-27-34, dated November 22, 1993.
    (1) Inspect the rudder lower shaft and support structure for 
corrosion; and, prior to further flight, repair any discrepancy 
found. And
    (2) Modify the rudder lower shaft and support structure to 
prevent the entry and accumulation of water.
    (b) 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, International Branch, ANM-116, 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, International 
Branch, ANM-116.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

    (c) 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.

    Note 3: The subject of this AD is addressed in Spanish 
airworthiness directive 06/96, dated May 21, 1996.

    Issued in Renton, Washington, on March 3, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-6020 Filed 3-9-98; 8:45 am]
BILLING CODE 4910-13-U