[Federal Register Volume 63, Number 59 (Friday, March 27, 1998)]
[Proposed Rules]
[Pages 14861-14863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8134]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-331-AD]
RIN 2120-AA64


Airworthiness Directives; Construcciones Aeronauticas, S.A. 
(CASA) Model CN-235 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 CN-235 series 
airplanes. This proposal would require modification of the passenger 
and crew doors and repetitive visual inspections, adjustments, and 
tests of the passenger and crew door latching and locking systems to 
ensure correct operation. 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 inadvertent opening of a door during flight of the 
airplane, which could result in rapid decompression of the passenger 
cabin.

DATES: Comments must be received by April 27, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 97-NM-331-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

[[Page 14862]]

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-331-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-331-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 all CASA Model CN-235 series airplanes. The DGAC 
advises that it received a report indicating that the main passenger 
door opened during flight on a CASA Model CN-235-200 series airplane. 
Investigation revealed that the closing mechanism of the door was 
distorted and some elements of the locking device also were deformed 
and broken. These conditions resulted in failure of the door to latch 
properly, and allowed inadvertent opening of the passenger door. This 
condition, if not corrected, could result in rapid decompression of the 
passenger cabin.

Explanation of Relevant Service Information

    CASA has issued Service Bulletin SB-235-52-54, Revision 1, dated 
October 24, 1995, which describes procedures for modification of the 
passenger and crew doors by relocating the window, replacing the 
attachment bolt in the step, adding a notch in the upper closing 
locking lever, and reaming the door latch housings.
    CASA also has issued Communication COM 235-098, Revision 02, dated 
October 19, 1995, which describes procedures for repetitive visual 
inspections to detect discrepancies of the latching and locking systems 
and the microswitch system of the passenger and crew doors; and 
adjustments and tests to ensure these systems operate correctly.
    The DGAC classified these service documents as mandatory and issued 
Spanish airworthiness directive 3/95, Revision 1, dated October 1, 
1995, 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 accomplishment of 
the actions specified in the service information described previously, 
except as discussed below.

Differences Between Proposed Rule and Foreign AD

    Operators should note that, although the parallel Spanish 
airworthiness directive does not mandate accomplishment of the 
specified actions for the CASA Model CN-235 series airplane having 
serial number C-011, the applicability of this proposed AD would 
include that airplane. Although that airplane was not certificated for 
civilian operation by the DGAC, the FAA has certificated it as such. 
The FAA has determined that the unsafe condition addressed in this AD 
also may exist or develop on that airplane; therefore, the 
applicability of this proposed AD includes that serial number.

Cost Impact

    The FAA estimates that 2 airplanes of U.S. registry would be 
affected by this proposed AD.
    It would take approximately 4 work hours per airplane to accomplish 
the proposed inspection, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of the inspection proposed by 
this AD on U.S. operators is estimated to be $480, or $240 per 
airplane, per inspection cycle.
    It would take approximately 60 work hours per airplane to 
accomplish the proposed modification, at an average labor rate of $60 
per work hour. Required parts would cost approximately $406 per 
airplane. Based on these figures, the cost impact of the modification 
proposed by this AD on U.S. operators is estimated to be $8,012, or 
$4,006 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 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-331-AD.

    Applicability: All Model CN-235 series airplanes, including 
serial number (S/N) C-011, certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability

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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 inadvertent opening of a door during flight, which 
could result in rapid decompression of the passenger cabin, 
accomplish the following:
    (a) Within 3 months or 300 flight hours after the effective date 
of this AD, whichever occurs later, accomplish the requirements of 
paragraphs (a)(1) and (a)(2) of this AD.
    (1) Modify the passenger and crew doors in accordance with CASA 
Service Bulletin SB-235-52-54, Revision 1, dated October 24, 1995; 
and
    (2) Perform follow-on actions (i.e., inspections for 
discrepancies, adjustments, and tests) in accordance with CASA COM 
235-098, Revision 02, dated October 19, 1995. If any discrepancy is 
found, prior to further flight, accomplish the applicable corrective 
action in accordance with the COM. Thereafter accomplish the 
requirements of paragraphs (a)(2)(i) and (a)(2)(ii) of this AD.
    (i) Repeat the visual inspection for discrepancies of the 
passenger door and crew door latching and locking systems, in 
accordance with paragraph 1. of CASA COM 235-098, Revision 02, dated 
October 19, 1995, at intervals not to exceed 300 flight hours. If 
any discrepancy is found, prior to further flight, accomplish the 
applicable corrective action in accordance with the COM.
    (ii) Repeat adjustments and tests of the door latching and 
locking systems, in accordance with paragraph 2., 3., and paragraph 
V) of Annex II of CASA COM 235-098, Revision 02, dated October 19, 
1995, at intervals not to exceed 1,200 flight hours. If any 
discrepancy is found during any adjustment or test, prior to further 
flight, accomplish the applicable corrective action in accordance 
with the COM.
    (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 3/95, Revision 1, dated October 1, 1995.

    Issued in Renton, Washington, on March 23, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-8134 Filed 3-26-98; 8:45 am]
BILLING CODE 4901-13-P