[Federal Register Volume 63, Number 178 (Tuesday, September 15, 1998)]
[Rules and Regulations]
[Pages 49275-49278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24250]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-123-AD; Amendment 39-10737; AD 98-18-21]
RIN 2120-AA64


Airworthiness Directives; Construcciones Aeronauticas, S.A. 
(CASA) Model C-212 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all CASA Model C-212 series airplanes, that requires 
implementation of a corrosion prevention and control program either by 
accomplishing specific inspections or by revising the maintenance 
inspection program to include such a program. This amendment is 
prompted by reports of incidents involving corrosion and fatigue 
cracking in transport category airplanes that are approaching or have 
exceeded their economic design goal; these incidents have jeopardized 
the airworthiness of the affected airplanes. The actions specified by 
this AD are intended to prevent degradation of the structural 
capabilities of the airplane due to the problems associated with 
corrosion.

DATES: Effective October 20, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 20, 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 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 C-212 series 
airplanes was published in the Federal Register on February 5, 1997 (62 
FR 5350). That action proposed to require implementation of a corrosion 
prevention and control program either by accomplishing specific 
inspections or by revising the maintenance inspection program to 
include such a program.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Request To Shorten Initial Compliance Time

    Several commenters request that the one year compliance time for 
accomplishment of initial corrosion inspections, as specified in the 
proposed AD, be shortened to be effective immediately upon issuance of 
the AD. The commenters consider the one year period for implementation 
of the corrosion prevention and control program (CPCP) to be too long, 
unnecessary, and not in the best interests of public safety.
    The FAA does not concur with the commenters' request. In developing 
an appropriate compliance time, the FAA considered the risk to the 
affected airplanes, as well as the magnitude and complexity of the 
CPCP. The FAA does not consider the risk to these airplanes during the 
one year implementation period to be great, since the requirement to 
implement the CPCP does not stem from a specific finding of serious 
corrosion on CASA Model C-212 series airplanes. Rather, the CPCP is 
proactive in nature, in that it establishes a comprehensive program 
designed to prevent corrosion from developing in the future to the 
point that it could affect safe operation of these airplanes.
    However, the FAA does consider it necessary to allow operators 
sufficient time for implementation of the requirements of the CPCP. The 
tasks to be accomplished as part of the CPCP are complex and time 
consuming; complete accomplishment of these tasks could require an 
elapsed time of several weeks. Given the magnitude of the CPCP tasks 
required by this AD, the FAA considers a one year period to be 
appropriate, to allow operators time to plan for implementation of 
these tasks on the fleet of affected airplanes.

[[Page 49276]]

    In light of these factors, the FAA has determined that no change to 
the final rule is necessary.

Inspections of All Airplanes At Least Once Per Year

    Several commenters request that the proposed AD be revised to 
require accomplishment of the initial CPCP inspections on all affected 
airplanes at a minimum rate of once per year. The commenters question 
if the AD, as proposed, would allow accomplishment of the initial 
inspection over an extended period of time, amounting to up to ten 
years in some cases (on a fleet of ten or more airplanes). The 
commenters state, if this is the case, the proposed AD should not be 
implemented in this way.
    The FAA infers that the commenters are concerned about the length 
of time prior to accomplishment of the initial CPCP inspections for 
some airplanes. However, in the example provided by the commenter, an 
operator would not necessarily be allowed 10 years to accomplish the 
initial inspections in the CPCP. Rather, the schedule for compliance is 
dependent on the age of the airplane. For all airplanes over 15 years 
of age, this AD requires completion of the initial inspection in no 
more than 4 years. In consideration of the amount of work involved in 
accomplishing the CPCP, the FAA considers this time frame to be 
justified. Operators of affected airplanes that are newer would have a 
longer time to accomplish the initial inspections. However, as newer 
airplanes are less likely to have corrosion present, the FAA considers 
this longer time period to be appropriate as well.
    Additionally, during any of the CPCP inspections required by this 
AD, the inspection schedule for airplanes in an operator's fleet is 
also dependent on any significant corrosion finding (Level 2 or Level 
3) made on any airplane in its affected fleet. For example, if an 
operator were to discover Level 3 corrosion during the inspection of 
its first airplane, it would then accomplish the requirements of 
paragraph (d) of the AD. Paragraph (d) would require that operator to 
propose to the FAA a schedule for timely inspection of the rest of its 
fleet of affected airplanes, or, to provide data to the FAA 
substantiating that such a finding of Level 3 corrosion is an isolated 
occurrence. For FAA approval, the proposed inspection schedule would 
need to be in concert with the severity of the corrosion finding. The 
FAA considers this method of preventing and controlling corrosion to be 
appropriate and adequate to maintain continued operational safety for 
these airplanes; therefore, no change to the final rule is necessary.

Request To Inspect Airplanes Prior to Repairs

    Two commenters request that the proposed AD be revised to require 
inspection of each airplane immediately preceding any repairs. The 
commenters state that such a requirement would ensure that the repairs 
are within the standards, and so that the airplane may regain its 
airworthy status. The FAA infers that the commenter may be requesting 
that inspections be accomplished immediately following any repairs. 
However, the FAA does not concur with such a request. Following any 
repairs, existing Federal Aviation Regulations already require 
assurance that the repairs are adequate and that the airplane is in an 
airworthy condition. Therefore, requiring additional inspection of the 
repaired area is not necessary.

Request To Retire Older Airplanes

    Two commenters express concern about aging airplanes of all models, 
and suggest that, if airplanes are no longer up to standards, they 
should not be allowed to operate any longer. The commenters further 
state that time is being spent to fix something which is constantly 
being updated. With the advent of new technology, the commenters 
believe that better, newer airplanes would be available as a substitute 
for older airplanes which no longer meet the standards. The FAA 
acknowledges the concern of the commenters. However, the purpose of 
this AD is to address the identified unsafe condition, and the FAA has 
determined that the proposed requirements are adequate for that 
purpose. Therefore, prohibiting operation of affected airplanes is not 
necessary to address the unsafe condition. No change to the final rule 
is necessary.

Conclusion

    After careful review of the available data, including the comments 
noted above, 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 41 airplanes of U.S. registry will be 
affected by this AD. It will take an average of approximately 7 work 
hours per inspection to accomplish the inspections of the 59 airplane 
areas called out in CASA Document CPCP C-212-PV01, ``C-212 Corrosion 
Prevention and Control Program Document,'' dated March 31, 1995; this 
represents a total average of 413 work hours. The average labor rate is 
$60 per work hour. Based on these figures, the cost impact of the AD on 
U.S. operators over a 4-year average inspection cycle is estimated to 
be $1,015,980, or $24,780 per airplane.
    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.
    The FAA recognizes that the obligation to maintain aircraft in an 
airworthy condition is vital, but sometimes expensive. Because AD's 
require specific actions to address specific unsafe conditions, they 
appear to impose costs that would not otherwise be borne by operators. 
However, because of the general obligation of operators to maintain 
aircraft in an airworthy condition, this appearance is deceptive. 
Attributing those costs solely to the issuance of this AD is 
unrealistic because, in the interest of maintaining safe aircraft, most 
prudent operators would accomplish the required actions even if they 
were not required to do so by the AD.
    A full cost-benefit analysis has not been accomplished for this AD. 
As a matter of law, in order to be airworthy, an aircraft must conform 
to its type design and be in a condition for safe operation. The type 
design is approved only after the FAA makes a determination that it 
complies with all applicable airworthiness requirements. In adopting 
and maintaining those requirements, the FAA has already made the 
determination that they establish a level of safety that is cost-
beneficial. When the FAA, as in this AD, makes a finding of an unsafe 
condition, this means that the original cost-beneficial level of safety 
is no longer being achieved and that the required actions are necessary 
to restore that level of safety. Because this level of safety has 
already been determined to be cost-beneficial, a full cost-benefit 
analysis for this AD would be redundant and unnecessary.

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

[[Page 49277]]

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:
98-18-21  CASA: Amendment 39-10737. Docket 96-NM-123-AD.

    Applicability: All Model C-212 series airplanes, certificated in 
any category.
    Compliance: Required as indicated, unless accomplished 
previously.

    Note 1: This AD references CASA Document Number CPCP C-212-PV01, 
``Corrosion Prevention and Control Program Document,'' dated March 
31, 1995, for inspections, compliance times, and reporting 
requirements. In addition, this AD specifies inspection and 
reporting requirements beyond those included in the Document. Where 
there are differences between the AD and the Document, the AD 
prevails.
    Note 2: As used throughout this AD, the term ``the FAA'' is 
defined differently for different operators, as follows:
--For those operators complying with paragraph (a), OPTION 1, of 
this AD, the FAA is defined as ``the Manager of the International 
Branch, ANM-116, FAA, Transport Airplane Directorate.''
--For those operators operating under Federal Aviation Regulations 
(FAR) part 121 or 129 (14 CFR part 121 or part 129), and complying 
with paragraph (b), OPTION 2, of this AD, the FAA is defined as 
``the cognizant Principal Maintenance Inspector (PMI).''
--For those operators operating under FAR part 91 or 125 (14 CFR 
part 91 or part 125), and complying with paragraph (b), OPTION 2, of 
this AD, the FAA is defined as ``the cognizant Maintenance Inspector 
at the appropriate FAA Flight Standards office.''

    To prevent degradation of the structural capabilities of the 
airplane due to the problems associated with corrosion damage, 
accomplish the following:
    (a) OPTION 1. Except as provided in paragraph (b) of this AD: 
Complete each of the corrosion inspections specified in section 5.3 
of CASA Document Number CPCP C-212-PV01, ``Corrosion Prevention and 
Control Program Document,'' dated March 31, 1995 (hereafter, 
referred to as ``the Document), in accordance with the procedures 
defined in the Document and the schedule specified in paragraphs 
(a)(1) and (a)(2) of this AD.

    Note 3: A ``corrosion inspection'' as defined in Section 5.1. of 
the Document includes, among other things, gaining access for 
inspection, performing the actual inspection for corrosion, removing 
corrosion, clearing blocked drains, applying corrosion inhibitors 
and/or water displacement fluid, and other follow-on actions.
    Note 4: Corrosion inspections completed in accordance with the 
Document before the effective date of this AD may be credited for 
compliance with the initial corrosion inspection requirements of 
paragraph (a)(1) of this AD.
    Note 5: Where non-destructive inspection (NDI) methods are 
employed when performing a Special Detailed Inspection (DET), in 
accordance with Section 5.3 of the Document, the standards and 
procedures used must be acceptable to the FAA Administrator in 
accordance with FAR section 43.13 (14 CFR 43.13).

    (1) Complete the initial corrosion inspection of each area of 
each airplane zone specified in Section 5.3 of the Document as 
follows:
    (i) For airplane areas that have not yet reached the 
``Implementation Age'' (IA) as of one year after the effective date 
of this AD, initial compliance must occur no later than the IA plus 
the (repeat) ``Interval.''
    (ii) For airplane areas that have exceeded the IA as of one year 
after the effective date of this AD, initial compliance must occur 
within the (repeat) Interval for the area, measured from a date one 
year after the effective date of this AD.
    (iii) For airplanes that are 15 years or older as of one year 
after the effective date of this AD, initial compliance must occur 
for all airplane areas within one (repeat) Interval, or within 4 
years, measured from a date one year after the effective date of 
this AD, whichever occurs first.
    (iv) Notwithstanding paragraphs (a)(1)(i), (a)(1)(ii), and 
(a)(1)(iii), in all cases, once the initial compliance period has 
been established for each airplane area, accomplishment of the 
initial corrosion inspections by each operator must occur at a 
minimum rate equivalent to one airplane per year.

    Note 6: This minimum rate requirement may cause a hardship on 
some small operators. In those circumstances, requests for 
adjustments to the implementation rate will be evaluated on a case-
by-case basis under the provision of paragraph (h) of this AD.

    (2) Repeat each corrosion inspection at a time interval not to 
exceed the (repeat) Interval specified in the Document for that 
inspection.
    (b) OPTION 2. As an alternative to the requirements of paragraph 
(a) of this AD: Prior to one year after the effective date of this 
AD, revise the FAA-approved maintenance/inspection program to 
include the corrosion prevention and control program specified in 
the Document; or to include an equivalent program that is approved 
by the FAA. In all cases, the initial corrosion inspection of each 
airplane area must be completed in accordance with the compliance 
schedule specified in paragraph(a)(1) of this AD.
    (1) Any operator complying with paragraph (b) of this AD may use 
an alternative recordkeeping method to that otherwise required by 
FAR 91.417 (14 CFR 91.417) or 12.380 (14 CFR 121.380) for the 
actions required by this AD, provided it is approved by the FAA and 
is included as a revision to the FAA-approved maintenance/inspection 
program.
    (2) Subsequent to the accomplishment of the initial corrosion 
inspection, extensions of the (repeat) Intervals specified in the 
Document must be approved by the FAA.
    (c) To accommodate unanticipated scheduling requirements, it is 
acceptable for a (repeat) Interval to be increased by up to 10%, but 
not to exceed 3 months. The FAA must be informed, in writing, of any 
such extension within 30 days after such adjustment of the schedule.
    (d)(1) If, as a result of any corrosion inspection conducted in 
accordance with paragraph (a) or (b) of this AD, Level 3 corrosion 
is determined to exist in any airplane area, accomplish either 
paragraph (d)(1)(i) or (d)(1)(ii) of this AD within 7 days after 
such determination:
    (i) Submit a report of that determination to the FAA and 
complete the corrosion inspection in the affected airplane area(s) 
on all Model C-212 series airplanes in the operator's fleet; or
    (ii) Submit to the FAA for approval one of the following:
    (A) A proposed schedule for performing the corrosion 
inspection(s) in the affected airplane area(s) on the remaining 
Model C-212 series airplanes in the operator's fleet, which is 
adequate to ensure that any other Level 3 corrosion is detected in a 
timely manner, along with substantiating data for that schedule; or
    (B) Data substantiating that the Level 3 corrosion found is an 
isolated occurrence.

    Note 7: Notwithstanding the provisions of Section 2 of the 
Document, which would permit corrosion that otherwise meets the 
definition of Level 3 corrosion (i.e., which is determined to be a 
potentially urgent airworthiness concern requiring expeditious

[[Page 49278]]

action) to be treated as Level 1 if the operator finds that it ``can 
be attributed to an event not typical of the operator's usage of 
airplanes in the same fleet,'' this paragraph requires that data 
substantiating any such finding be submitted to the FAA (ref. Note 2 
of this AD) for approval.

    (2) The FAA may impose schedules other than those proposed, upon 
finding that such changes are necessary to ensure that any other 
Level 3 corrosion is detected in a timely manner.
    (3) Within the time schedule approved under paragraph (d)(1) or 
(d)(2) of this AD, accomplish the corrosion inspections in the 
affected airplane areas of the remaining Model C-212 series 
airplanes in the operator's fleet.
    (e) If, as a result of any inspection after the initial 
corrosion inspection conducted in accordance with paragraph (a) or 
(b) of this AD, it is determined that corrosion findings exceed 
Level 1 in any area, within 30 days after such determination, 
implement a means, approved by the FAA, to reduce future findings of 
corrosion in that area to Level 1 or better.
    (f) Before any operator places into service any newly acquired 
airplane that is subject to the requirements of this AD, a schedule 
for the accomplishment of the corrosion inspections required by this 
AD must be established in accordance with either paragraph (f)(1) or 
(f)(2) of the AD, as applicable:
    (1) For airplanes previously maintained in accordance with this 
AD, the first corrosion inspection in each airplane area to be 
performed by the operator must be accomplished in accordance with 
either the previous operator's schedule or the new operator's 
schedule, whichever would result in the earlier accomplishment date 
for that inspection. After each corrosion inspection has been 
performed once, each subsequent inspection must be performed in 
accordance with the new operator's schedule.
    (2) For airplanes that have not been previously maintained in 
accordance with this AD, the first corrosion inspection for each 
airplane area to be performed by the new operator must be 
accomplished prior to further flight, or in accordance with a 
schedule approved by the FAA.
    (g) Within 7 days after the date of detection of any Level 3 
corrosion, and within 3 months after the date of detection of any 
Level 2 corrosion, submit a report to CASA of such findings, in 
accordance with Section 7 of the Document.
    (h) 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 8: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

    (i) Special flight permits may be issued in accordance with 
Secs. 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.
    (j) The inspections and submission of report shall be done in 
accordance with CASA Document Number CPCP C-212-PV01, ``Corrosion 
Prevention and Control Program Document,'' dated March 31, 1995, 
which includes the following list of effective pages:

------------------------------------------------------------------------
                Page No.                        Date shown on page      
------------------------------------------------------------------------
List of Effective Page LEP.1...........  March 31, 1995                 
------------------------------------------------------------------------

    Note: The document number is indicated only on the Title page; 
no other page contains this information. 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 9: The subject of this AD is addressed in Spanish 
airworthiness directive 01/96, dated April 30, 1996.

    (k) This amendment becomes effective on October 20, 1998.

    Issued in Renton, Washington, on August 28, 1998.
Vi L. Lipski,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-24250 Filed 9-14-98; 8:45 am]
BILLING CODE 4910-13-U