[Federal Register Volume 63, Number 68 (Thursday, April 9, 1998)]
[Proposed Rules]
[Pages 17341-17342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9342]


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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. 68 / Thursday, April 9, 1998 / 
Proposed Rules  

[[Page 17341]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-97-AD]
RIN 2120-AA64


Airworthiness Directives; 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 repetitive inspections for 
cracking in the false spar of the wing, and repair, if necessary. 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 detect and correct 
cracking in the false spar, which could result in reduced structural 
integrity of the wing.

DATES: Comments must be received by May 11, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-97-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 98-NM-97-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. 98-NM-97-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 C-212 series airplanes. The DGAC 
advises that, on several airplanes, cracking has been detected in the 
false spar of the wing, where the flaps of the airplane are housed 
during flight. The cause of this cracking has not been determined, but 
indications are that such cracking may result from stress corrosion 
caused by interference between the flaps and the wing trailing edge 
structure, which occurs when the flaps are stowed in flight. Such 
cracking, if not detected and corrected in a timely manner, could 
result in reduced structural integrity of the wing.

Explanation of Relevant Service Information

    The manufacturer has issued CASA Product Support Document COM 212-
224, dated November 28, 1990, which describes procedures for performing 
repetitive detailed visual inspections for cracking in the false spar 
of the wing. The DGAC classified this service document as mandatory and 
issued Spanish airworthiness directive 02/96, dated May 13, 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.

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 
actions specified in the service document described previously, except 
as discussed below.

Differences Between Proposed Rule and Service Document

    Operators should note that, although the service document specifies 
that affected parts are to be removed if cracking is detected, this 
proposal would require the repair of any cracking to be accomplished in 
accordance with either a method approved by the FAA, or the DGAC (or 
its delegated agent). In

[[Page 17342]]

light of the type of repair that would be required to address the 
unsafe condition, and in consonance with existing bilateral 
airworthiness agreements, the FAA has determined that, for this 
proposed AD, a repair approved by either the FAA or the DGAC would be 
acceptable for compliance with this proposed AD.

Cost Impact

    The FAA estimates that 41 airplanes of U.S. registry would be 
affected by this proposed AD, and that it would take approximately 30 
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 $73,800, or $1,800 per airplane, per inspection cycle.
    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 98-NM-97-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 
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 detect and correct cracking in the false spar of the wing, 
which could result in reduced structural integrity of the wing, 
accomplish the following:
    (a) Within 1,200 flight hours after the effective date of this 
AD, perform a detailed visual inspection for cracking in the false 
spar of the wing, on the left and right side of the airplane, in 
accordance with CASA Product Support Document COM 212-224, dated 
November 28, 1990.
    (1) If no cracking is detected, repeat the detailed visual 
inspection thereafter at intervals not to exceed 1,200 flight hours.
    (2) If any cracking is detected, prior to further flight, repair 
in accordance with a method approved by either the Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate; 
or the Direccion General de Aviacion (DGAC), which is the 
airworthiness authority for Spain (or its delegated agent). Repeat 
the detailed visual inspection thereafter at intervals not to exceed 
1,200 flight hours.
    (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. 
Operators shall submit their request 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 02/96, dated May 13, 1996.

    Issued in Renton, Washington, on April 3, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-9342 Filed 4-8-98; 8:45 am]
BILLING CODE 4910-13-U