[Federal Register Volume 64, Number 62 (Thursday, April 1, 1999)]
[Rules and Regulations]
[Pages 15659-15660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7690]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-219-AD; Amendment 39-11098; AD 99-07-13]
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. This 
amendment requires a one-time visual inspection to detect relative 
movement or deformation of the joint areas of the rear attaching 
supports and lower skin of the left and right outer flaps; repetitive 
borescopic inspections to detect cracking of the spar and of the rear 
internal support fittings of the outer flaps; and corrective actions, 
if necessary. This amendment also provides for optional terminating 
action for the repetitive inspections. 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 fatigue cracking of the rear internal 
support fittings of the outer flap structure, which could result in 
failure of the outer flaps, and consequent reduced controllability of 
the airplane.

DATES: Effective May 6, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 6, 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 certain CASA Model CN-235 series 
airplanes was published in the Federal Register on January 20, 1999 (64 
FR 3052). That action proposed to require a one-time visual inspection 
to detect relative movement or deformation of the joint areas of the 
rear attaching supports and lower skin of the left and right outer 
flaps; repetitive borescopic inspections to detect cracking of the spar 
and of the rear internal support fittings of the outer flaps; and 
corrective actions, if necessary. That action also proposed to provide 
for optional terminating action for the repetitive inspections.

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, that it will take approximately 1 work hour per 
airplane to accomplish the required visual inspection, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the visual inspection required by this AD on U.S. operators 
is estimated to be $120, or $60 per airplane.
    It will take approximately 4 work hours to accomplish the required 
borescopic inspection, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of the borescopic inspection 
required by this AD on U.S. operators is estimated to be $480, or $240 
per airplane, per inspection cycle.
    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.
    Should an operator elect to accomplish the terminating action that 
is provided by this AD action, it would take approximately 30 work 
hours to accomplish, at an average labor rate of $60 per work hour. The 
cost of required

[[Page 15660]]

parts would be approximately $123,204 per airplane. Based on these 
figures, the cost impact of the optional terminating action would be 
$125,004 per airplane.

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:

99-07-13  Construcciones Aeronauticas, S.A. (CASA): Amendment 39-
11098. Docket 98-NM-219-AD.

    Applicability: Model CN-235 series airplanes, as listed in CASA 
Service Bulletin SB-235-57-20, dated December 23, 1997; and Model 
CN-235 series airplanes 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 (e) 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 fatigue cracking of the rear internal 
support fittings of the outer flap structure, which could result in 
failure of the outer flaps, and consequent reduced controllability 
of the airplane, accomplish the following:
    (a) Prior to the accumulation of 4,000 total landings, or within 
30 days after the effective date of this AD, whichever occurs later, 
perform a one-time detailed visual inspection to detect relative 
movement or deformation of the joint areas of the rear attaching 
supports and lower skin of the left and right outer flaps, in 
accordance with CASA Maintenance Instructions COM 235-123, Revision 
01, dated October 7, 1997.
    (1) If no relative movement or deformation is detected: Within 
300 landings, perform the requirements of paragraph (b) of this AD.
    (2) If any relative movement or deformation is detected: Prior 
to further flight, perform the requirements of paragraph (b) of this 
AD.
    (b) Remove the rear support attach bolts, one at a time, and 
perform a borescopic inspection to detect cracking of the spar and 
of the rear internal support fittings of the outer flaps, in 
accordance with CASA Maintenance Instructions COM 235-123, Revision 
01, dated October 7, 1997.
    (1) If no crack is detected, repeat the borescopic inspection 
thereafter at intervals not to exceed 600 landings until the 
replacement specified in paragraph (c) of this AD is accomplished.
    (2) If any crack is detected, prior to further flight, replace the 
cracked outer flap with a new outer flap on which modified rear 
internal support fittings are installed, in accordance with CASA 
Service Bulletin SB-235-57-20, dated December 23, 1997. Such 
replacement constitutes terminating action for the repetitive 
borescopic inspection required by paragraph (b) of this AD for the 
replaced outer flap only.
    (c) Accomplishment of the replacement specified in CASA Service 
Bulletin SB-235-57-20, dated December 23, 1997, constitutes terminating 
action for the repetitive borescopic inspections required by paragraph 
(b) of this AD.
    (d) As of the effective date of this AD, no person shall install on 
any airplane an outer flap having part number 35-15501-00.

Alternative Methods of Compliance

    (e) 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 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.

Special Flight Permits

    (f) 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.

Incorporation by Reference

    (g) The inspections shall be done in accordance with CASA 
Maintenance
    Instructions COM 235-123, Revision 01, dated October 7, 1997. The 
replacement, if accomplished, shall be done in accordance with CASA 
Service Bulletin SB-235-57-20, dated December 23, 1997, as applicable. 
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 01/97, dated March 19, 1997.

    (h) This amendment becomes effective on May 6, 1999.

    Issued in Renton, Washington, on March 23, 1999.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-7690 Filed 3-31-99; 8:45 am]
BILLING CODE 4910-13-U