[Federal Register Volume 64, Number 27 (Wednesday, February 10, 1999)]
[Rules and Regulations]
[Pages 6518-6521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3036]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-141-AD; Amendment 39-11026; AD 99-04-02]
RIN 2120-AA64


Airworthiness Directives; Construcciones Aeronauticas, S.A. 
(CASA), Model C-212 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 all CASA Model C-212 series airplanes, that requires 
repetitive visual inspections for damage or ``electrical spark marks'' 
on the cover plates for the fuel pumps, and corrective actions, if 
necessary. This AD also requires modification of the fuel pump 
installation by incorporating a non-conductive film on the cover plate, 
which constitutes terminating action for this AD. 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 electrical shorting between the fuel 
pump electrical connections and the fuel pump cover plate, which could 
result in the ignition of fuel vapor and consequent fuel tank 
explosion/fire.

DATES: Effective March 17, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 17, 1999.

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-

[[Page 6519]]

212 series airplanes was published in the Federal Register on July 9, 
1998 (63 FR 37083). That action proposed to require repetitive visual 
inspections for damage or ``electrical spark marks'' on the cover 
plates for the fuel pumps, and corrective actions, if necessary. That 
action also proposed to require modification of the fuel pump 
installation by incorporating a non-conductive film on the cover plate, 
which would constitute terminating action for this AD.

Explanation of New Service Information

    Since the issuance of the proposal, the manufacturer has issued 
CASA Maintenance Instructions COM 212-252, Revision 1, dated September 
15, 1998; including Attachment 1 (Parker Service Letter Number 47, 
dated October 29, 1998). Revision 1 of the maintenance instructions is 
similar to the original issue (which was referenced in the proposal as 
the appropriate source of service information), except that the 
accomplishment instructions have been revised to clarify appropriate 
procedures. In addition, the original issue of the maintenance 
instructions included procedures for electrical resistance checks to be 
accomplished after the modification of the fuel pump installation. 
Since the issuance of the original maintenance instructions, the 
manufacturer has determined that those electrical resistance checks 
cannot be performed properly, nor are they necessary to adequately 
address the identified unsafe condition. Revision 1 eliminates the 
procedures for electrical resistance checks. Accomplishment of the 
actions required by this AD, in accordance with either the original 
issue or Revision 1 of the maintenance instructions, is intended to 
adequately address the identified unsafe condition. Therefore, 
paragraphs (a) and (b) of the final rule have been revised to reference 
both the original issue and Revision 1 as appropriate sources of 
service information for the accomplishment of the requirements of this 
AD, and a NOTE has been added to the final rule to specify that 
accomplishment of the electrical resistance checks described in the 
original issue of the maintenance instructions is not required.
    CASA Maintenance Instructions COM 212-252, Revision 1, references 
Parker Service Letter Number 47, dated October 29, 1998, as the 
appropriate source of service information for modification of the fuel 
boost pumps by installation of an insulator on the cover plate. CASA 
Maintenance Instructions COM 212-252, Revision 1, includes that service 
letter as an attachment. Accomplishment of the actions specified in 
Parker Service Letter Number 47 is intended to adequately address the 
identified unsafe condition. Therefore, a NOTE has been added to the 
final rule to specify that modification of the fuel pump installation 
in accordance with Parker Service Letter Number 47 is an acceptable 
alternative method of compliance with the terminating modification 
required by paragraph (b) of this AD.

Differences Between This AD and Maintenance Instructions

    Operators should note that CASA Maintenance Instructions COM 212-
252, Revision 1, specifies that Parker Hannifin Airborne Division 
should be contacted for corrective action if any damage from electrical 
arcing or overheating is detected during any inspection of the cover 
plate, electrical wiring, or positive screw terminal of the fuel pump. 
However, this AD provides explicit instructions for corrective actions 
(i.e., replacement of any damaged wire with a new or serviceable wire, 
if necessary; incorporation of a non-conductive film on the cover 
plate; installation of a new fuel pump) if any damage or ``electrical 
spark mark'' is detected on the cover plate, electrical wiring, or 
positive screw terminal of the fuel pump.

Comments

    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 Issue AD Against the Fuel Pump, Not the Airplane

    One commenter states that the AD should be issued against the 
appliance (the fuel pump) and not the airplane model. The commenter 
states that the cover plate on which the signs of arcing was found is 
part of the fuel pump assembly, which is not manufactured by CASA. The 
commenter also states that the subject fuel pump is installed on many 
airplanes besides the CASA C-212 series. The commenter concludes that, 
for these reasons, the AD should be issued against the fuel pump so 
that it is applicable to all airplanes that may be affected, and not 
just CASA C-212 series airplanes.
    The FAA infers that the commenter is requesting that the proposal 
be withdrawn, and that another rulemaking action be issued to propose 
action for all airplanes equipped with the subject fuel pump. The FAA 
does not concur. The FAA finds that to delay this action would be 
inappropriate, because the FAA has determined that an unsafe condition 
exists and that inspections must be conducted to ensure continued 
safety. However, although there have been no reported problems with the 
subject fuel pump on airplanes other than the CASA C-212 series, the 
FAA is reviewing this issue to determine if action against the fuel 
pump is warranted, and may consider further rulemaking action in the 
future if such action is deemed necessary. No change to the final rule 
is necessary in this regard.

Request To Require One-Time Inspection

    One commenter requests that the final rule be changed to require a 
one-time visual inspection of the cover plates on the fuel pumps in 
lieu of the repetitive visual inspections that are proposed. The 
commenter states that the purpose of the inspection is to determine how 
widespread the electrical arcing is among the entire fleet of CASA C-
212 series airplanes. The commenter states that, therefore, it may make 
more sense to require a one-time visual inspection and a report of any 
evidence of arcing rather than repetitive inspections.
    The FAA does not concur with the commenter's request to require a 
one-time inspection in lieu of repetitive inspections. CASA Maintenance 
Instructions COM 212-252, Revision 1, recommends a one-time action that 
includes both the inspection of the cover plates on the fuel pumps and 
the modification of the fuel pump assembly prior to further flight, 
regardless of whether any discrepancy is found. Therefore, the FAA 
finds that to make such a change in this final rule would require the 
issuance of a supplemental notice of proposed rulemaking to reopen the 
public comment period. To delay this final rule in this way would be 
inappropriate, because the FAA has determined that an unsafe condition 
exists and the required actions must be accomplished to ensure 
continued safety. The FAA also finds that accomplishment of the 
terminating modification within 12 months after the effective date of 
this AD is adequate to ensure the safety of the transport airplane 
fleet, provided that repetitive inspections are accomplished at 
intervals not to exceed 300 flight hours. No change to the final rule 
is necessary in this regard.

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

[[Page 6520]]

adoption of the rule with the changes described previously. The FAA has 
determined that these changes will neither increase the economic burden 
on any operator nor increase the scope of the AD.

Cost Impact

    The FAA estimates that 38 Model C-212 series airplanes of U.S. 
registry will be affected by this AD.
    It will take approximately 1 work hour per airplane to accomplish 
the required inspection, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of the inspection required by 
this AD on U.S. operators is estimated to be $2,280, or $60 per 
airplane, per inspection cycle.
    It will take approximately 5 work hours per airplane to accomplish 
the required modification, at an average labor rate of $60 per work 
hour. The cost of required parts will be minimal. Based on these 
figures, the cost impact of the modification required by this AD on 
U.S. operators is estimated to be $11,400, or $300 per airplane.
    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:

99-04-02  Construcciones Aeronauticas, S.A. (CASA): Amendment 39-
11026. Docket 98-NM-141-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 (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 prevent electrical shorting between the fuel pump electrical 
connections and the fuel pump cover plate, which could result in the 
ignition of fuel vapor and consequent fuel tank explosion/fire, 
accomplish the following:
    (a) Within 100 flight hours after the effective date of this AD, 
perform a visual inspection for damage or ``electrical spark marks'' 
on the cover plates for the fuel pumps, in accordance with CASA 
Maintenance Instructions COM 212-252, Revision 0, dated July 15, 
1996; or Revision 1, dated September 15, 1998, including Attachment 
1 (Parker Service Letter Number 47, dated October 29, 1998).
    (1) If no damage or ``electrical spark mark'' is detected, 
repeat the visual inspection thereafter at intervals not to exceed 
300 flight hours until the terminating action identified in 
paragraph (b) of this AD is accomplished.
    (2) If any damage or ``electrical spark mark'' is detected on 
the cover plate, prior to further flight, inspect the wires for 
overheating damage and the positive screw terminal of the fuel pump 
for ``electrical spark marks'' between the positive screw terminal 
and the surrounding cartridge or the pump body face; replace any 
damaged wire with a new or serviceable wire; and accomplish 
paragraph (a)(2)(i) or (a)(2)(ii) of this AD, as applicable, in 
accordance with the maintenance instructions.
    (i) If no ``electrical spark mark'' is detected between the 
positive screw terminal and the surrounding cartridge or pump body 
face, prior to further flight, modify the fuel pump installation by 
incorporating a non-conductive film on the cover plate. 
Accomplishment of this modification constitutes terminating action 
for the requirements of this AD.
    (ii) If any ``electrical spark mark'' is detected between the 
positive screw terminal and the surrounding cartridge or the pump 
body face, prior to further flight, modify the fuel pump 
installation by installing a new fuel pump and incorporating a non-
conductive film on the cover plate. Accomplishment of this 
modification constitutes terminating action for the requirements of 
this AD.

    Note 2: Accomplishment of the electrical resistance checks 
described in CASA Maintenance Instructions COM 212-252, Revision 0, 
dated July 15, 1996, is not required for compliance with this AD.

    (b) Within 12 months after the effective date of this AD, 
inspect the wires for overheating damage and the positive screw 
terminal of the fuel pump for ``electrical spark marks'' between the 
positive screw terminal and the surrounding cartridge or the pump 
body face; replace any damaged wire with a new or serviceable wire; 
and accomplish paragraph (a)(2)(i) or (a)(2)(ii) of this AD, as 
applicable; in accordance with CASA Maintenance Instructions COM 
212-252, Revision 0, dated July 15, 1996; or Revision 1, dated 
September 15, 1998, including Attachment 1 (Parker Service Letter 
Number 47, dated October 29, 1998); even if no damage or 
``electrical spark mark'' has been detected on the cover plate. 
Accomplishment of this modification constitutes terminating action 
for the requirements of this AD.

    Note 3: Modification of the fuel pump installation in accordance 
with Parker Service Letter Number 47, dated October 29, 1998, is an 
acceptable alternative method of compliance for the terminating 
action requirement of paragraph (b) of this AD.

    (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 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.

    Note 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.


[[Page 6521]]


    (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 212-252, Revision 0, dated July 15, 
1996; or CASA Maintenance Instructions COM 212-252, Revision 1, 
dated September 15, 1998, which contains the following list of 
effective pages.

------------------------------------------------------------------------
                                    Revision level      Date  shown on
           Page number               shown on page           page
------------------------------------------------------------------------
1-7.............................  1.................  Sept. 15, 1998.
                    Attachment 1
1-2.............................  None..............  Oct. 29, 1998.
------------------------------------------------------------------------

    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 5: The subject of this AD is addressed in Spanish 
airworthiness directive 10/96, dated November 5, 1996.

    (f) This amendment becomes effective on March 17, 1999.

    Issued in Renton, Washington, on February 2, 1999.
John J. Hickey,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-3036 Filed 2-9-99; 8:45 am]
BILLING CODE 4910-13-U