[Federal Register Volume 63, Number 106 (Wednesday, June 3, 1998)]
[Rules and Regulations]
[Pages 30112-30114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14213]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-43-AD; Amendment 39-10548; AD 98-11-23]
RIN 2120-AA64


Airworthiness Directives; Construcciones Aeronauticas, S.A. 
(CASA) Model CN-235 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain CASA Model CN-235 series airplanes, that requires 
modification of certain fastener holes of the center wing. This 
amendment is prompted by issuance of mandatory continuing airworthiness 
information by a foreign civil airworthiness authority. The actions 
specified by this AD are intended to prevent fatigue cracking in this 
area, which could result in reduced structural integrity of the wing.

DATES: Effective July 8, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 8, 1998.

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: Norman B. Martenson, Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington

[[Page 30113]]

98055-4056; telephone (425) 227-2110; 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 March 23, 1998 (63 
FR 13801). That action proposed to require modification of certain 
fastener holes of the center wing.

Comments

    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.

Explanation of Changes Made to This Final Rule

    In the proposal, the FAA inadvertently omitted reference to Annex 
1, dated June 10, 1993, of CASA Service Bulletin SB-235-57-05, Revision 
2, dated June 21, 1996. Therefore, the FAA has revised the final rule 
accordingly.

Conclusion

    The FAA has determined that air safety and the public interest 
require the adoption of the rule with the change previously described. 
The FAA has determined that this change will neither increase the 
economic burden on any operator nor increase the scope of the AD.

Cost Impact

    The FAA estimates that 2 airplanes of U.S. registry will be 
affected by this AD.
    The FAA estimates that the actions specified in CASA Service 
Bulletin SB-235-57-14, will be required to be accomplished on one 
airplane of U.S. registry. These required actions will take 
approximately 220 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Required parts will cost approximately 
$719 per airplane. Based on these figures, the cost impact of the 
inspection required by this AD on the single U.S. operator is estimated 
to be $13,919.
    For CASA Model CN-235 series airplane, serial number C-011, on 
which the actions specified in CASA Service Bulletin SB-235-57-05 will 
be required to be accomplished, those required actions will take 
approximately 1,900 work hours per airplane to accomplish, at an 
average labor rate of $60 per work hour. Required parts will cost 
approximately $11,330 per airplane. Based on these figures, the cost 
impact of the required actions for that airplane is estimated to be 
$125,330.
    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.

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:

98-11-23 Construcciones Aeronauticas S.A. (CASA): Amendment 39-
10548. Docket 97-NM-43-AD.

    Applicability: Model CN-235 series airplanes; as listed in CASA 
Service Bulletins SB-235-57-14, Revision 1, dated June 21, 1996; and 
SB-235-57-05, Revision 2, dated June 21, 1996, including Annex 1, 
dated June 10, 1993; and Model CN-235 having serial number C-011; 
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 (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 fatigue cracking in the fastener holes of the center 
wing, which could result in reduced structural integrity of the 
wing, accomplish the following:
    (a) For airplanes listed in CASA Service Bulletins SB-235-57-14, 
Revision 1, dated June 21, 1996; and SB-235-57-05, Revision 2, dated 
June 21, 1996, including Annex 1, dated June 10, 1993: Perform a 
rototest inspection of the fastener holes of the center wing to 
detect cracking, in accordance with the applicable service bulletin, 
at the time specified in paragraph (c) of this AD.
    (1) If no crack is found, prior to further flight, cold work the 
fastener holes in accordance with the applicable service bulletin.
    (2) If any crack is found, prior to further flight, remove it in 
accordance with the service bulletin; repeat the rototest inspection 
to detect cracking; and cold work the fastener holes, in accordance 
with the applicable service bulletin. If any crack is found that 
cannot be removed using the procedures specified in the applicable 
service bulletin, prior to further flight, repair it in accordance 
with a method approved by the Manager, International Branch, ANM-
116, FAA, Transport Airplane Directorate.
    (b) For airplane serial number C-011: Perform a rototest 
inspection of the fastener holes of the center wing to detect 
cracking, in accordance with CASA Service Bulletin SB-235-57-05, 
Revision 2, dated June 21, 1996, including Annex 1, dated June 10, 
1993, at the time specified in paragraph (c) of this AD.
    (1) If no crack is found, prior to further flight, cold work the 
fastener holes in accordance with the service bulletin.
    (2) If any crack is found, prior to further flight, remove it in 
accordance with the service bulletin; repeat the rototest inspection 
to detect cracking; and cold work the fastener holes, in accordance 
with the service bulletin. If any crack is found that cannot be 
removed using the procedures specified in the service bulletin, 
prior to further flight, repair it in accordance with a method 
approved by the Manager, International Branch, ANM-116.
    (c) Accomplish the inspection required by paragraph (a) or (b) 
of this AD, as applicable,

[[Page 30114]]

at the later of the times specified in paragraphs (c)(1) and (c)(2) 
of this AD.
    (1) Prior to the accumulation of 17,000 total flight cycles or 
37,400 total flight hours, whichever occurs first.
    (2) Within 6 months after the effective date of this AD.
    (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, International Branch, ANM-116. 
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.
    (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.
    (f) The actions shall be done in accordance with CASA Service 
Bulletin SB-235-57-14, Revision 1, dated June 21, 1996, and CASA 
Service Bulletin SB-235-57-05, Revision 2, dated June 21, 1996, 
including Annex 1, dated June 10, 1993, which contains the following 
list of effective pages:

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                                    Revision                            
                                      level                             
             Page Nos.              shown on      Date shown on page    
                                      page                              
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1, 3-5, 12, 26-29, 33, 34, 45-52..         2  June 21, 1996.            
2, 6-11, 13-25, 30-32, 35-44, 53-          1  March 13, 1995.           
 65.                                                                    
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                                 Annex 1                                
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1-46..............................         5  June 10, 1993.            
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    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.
    Note 3: The subject of this AD is addressed in Spanish 
airworthiness directive 04/94, dated August 1994.

    (g) This amendment becomes effective on July 8, 1998.

    Issued in Renton, Washington, on May 22, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-14213 Filed 6-2-98; 8:45 am]
BILLING CODE 4910-13-U