[Federal Register Volume 63, Number 152 (Friday, August 7, 1998)]
[Rules and Regulations]
[Pages 42214-42215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21100]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-160-AD; Amendment 39-10700; AD 98-16-23]
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 all CASA Model CN-235 series airplanes, that requires 
repetitive high frequency eddy current (HFEC) inspections of the flap 
transmission shafts to detect cracking, and repetitive functional tests 
(checks) to verify proper operation of the flap braking sub-system; and 
corrective actions, if necessary. 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 detect and correct cracking in the flap transmission 
shafts, and to correct a malfunctioning flap braking sub-system, which 
could result in the inability to move the flaps, or in an asymmetric 
flap condition, and consequent reduced controllability of the airplane.

DATES: Effective September 11, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 11, 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 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 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 all CASA Model CN-235 series 
airplanes was published in the Federal Register on June 8, 1998 (63 FR 
31142). That action proposed to require repetitive high frequency eddy 
current (HFEC) inspections of the flap transmission shafts to detect 
cracking, and repetitive functional tests (checks) to verify proper 
operation of the flap braking sub-system; and corrective actions, if 
necessary.

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.

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 airplanes of U.S. registry will be 
affected by this AD, and that it will take approximately 30 work hours 
per airplane to accomplish the required inspection and functional test, 
at an average labor rate of $60 per work hour. Based on these figures, 
the cost impact of the inspection and functional test required by this 
AD on U.S. operators is estimated to be $3,600, or $1,800 per airplane, 
per cycle.
    The cost impact figure discussed above is 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

[[Page 42215]]

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:

98-16-23  Construcciones Aeronauticas, S.A. (CASA): Amendment 39-
10700. Docket 98-NM-160-AD.

    Applicability: All CASA Model CN-235 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 (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 detect and correct cracking in the flap transmission shafts, 
and to correct a malfunctioning flap braking subsystem, which could 
result in the inability to move the flaps, or in an asymmetric flap 
condition, and consequent reduced controllability of the airplane; 
accomplish the following:
    (a) Prior to the accumulation of 6,000 total landings, or within 
30 days after the effective date of this AD, whichever occurs later, 
perform a high frequency eddy current (HFEC) inspection of the flap 
transmission shafts to detect cracking, in accordance with Annex I, 
dated June 16, 1997, of CASA Maintenance Instructions COM 235-113, 
Revision 02, dated June 16, 1997.
    (1) If no cracking is detected, repeat the HFEC inspection 
thereafter at intervals not to exceed 2,000 landings.
    (2) If any cracking is detected, prior to further flight, 
replace the cracked shaft with a new or serviceable shaft, in 
accordance with the maintenance instructions; and repeat the HFEC 
inspection thereafter at intervals not to exceed 2,000 landings.
    (b) Prior to the accumulation of 6,000 total landings, or within 
30 days after the effective date of this AD, whichever occurs later, 
perform a functional test (check) to verify proper operation of the 
flap braking subsystem, in accordance with Annex II, dated July 1, 
1997, of CASA Maintenance Instructions COM 235-113, Revision 02, 
dated June 16, 1997.
    (1) If no malfunction is detected, repeat the functional test 
thereafter at intervals not to exceed 300 landings.
    (2) If any malfunction is detected, prior to further flight, 
replace any discrepant component with a new or serviceable component 
in accordance with the maintenance instructions; and repeat the 
functional test to verify proper operation of the flap braking 
subsystem; repeat the functional test thereafter at intervals not to 
exceed 300 landings.
    (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, International Branch, ANM-116, FAA, 
Transport Airplane Directorate. 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.

    (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) The actions shall be done in accordance with CASA 
Maintenance Instructions COM 235-113, Revision 02, dated June 16, 
1997, including Annex I, dated June 16, 1997, and Annex II, dated 
July 1, 1997. 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 11/96, Revision 1, dated June 19, 1997.

    (f) This amendment becomes effective on September 11, 1998.

    Issued in Renton, Washington, on July 31, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-21100 Filed 8-6-98; 8:45 am]
BILLING CODE 4910-13-U