[Federal Register Volume 64, Number 204 (Friday, October 22, 1999)]
[Rules and Regulations]
[Pages 56962-56963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27325]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-117-AD; Amendment 39-11384; AD 99-22-06]
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 supersedes an existing airworthiness directive 
(AD), applicable to all CASA Model CN-235 series airplanes, that 
currently requires repetitive eddy current inspections to detect 
fatigue cracks in the nose landing gear (NLG) turning tube, and 
replacement of cracked tubes. This amendment adds a requirement for the 
replacement of the existing NLG turning tube constructed of aluminum 
alloy with a new NLG turning tube made of steel; such replacement 
terminates 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 prevent fatigue cracking and failure of the NLG turning 
tube, which could result in reduced structural integrity of the NLG.

DATES: Effective November 26, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of November 26, 1999.
    The incorporation by reference of CASA Maintenance Instructions COM 
235-092, Revision 02, dated May 5, 1995, listed in the regulations was 
approved previously by the Director of the Federal Register as of March 
4, 1997 (62 FR 3994, January 28, 1997).

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) by superseding AD 97-02-17, 
amendment 39-9902 (62 FR 3994, January 28, 1997), which is applicable 
to all CASA Model CN-235 series airplanes, was published in the Federal 
Register on August 12, 1999 (64 FR 43953). The action proposed to 
supersede AD 97-02-17, to continue to require repetitive eddy current 
inspections to detect fatigue cracks in the nose landing gear (NLG) 
turning tube, and replacement of cracked tubes. The action proposed to 
add a requirement to replace the existing NLG turning tube constructed 
of aluminum alloy with a new NLG turning tube made of steel, which 
would terminate 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.
    The actions that are currently required by AD 97-02-17, and 
retained in this AD, take approximately 8 work hours per airplane to 
accomplish, at an average labor rate of $60 per work hour. Based on 
these figures, the cost impact of the currently required actions on 
U.S. operators is estimated to be $480 per airplane.
    The new actions that are required by this AD action will take 
approximately 16 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Required parts will cost approximately 
$20,722 per airplane. Based on these figures, the cost impact of the 
actions required by this AD on U.S. operators is estimated to be 
$43,364, or $21,682 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

[[Page 56963]]

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 removing amendment 39-9902 (62 FR 
3994, January 28, 1997), and by adding a new airworthiness directive 
(AD), amendment 39-11384, to read as follows:

99-22-06  Construcciones Aeronauticas, S.A. (CASA): Amendment 39-
11384. Docket 99-NM-117-AD. Supersedes AD 97-02-17, Amendment 39-
9902.

    Applicability: All Model CN-235 series airplanes; including 
Model CN-235 series airplane, 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 (f) 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 and failure of the nose landing gear 
(NLG) turning tube, which could result in reduced structural 
integrity of the NLG, accomplish the following:

Restatement of Requirements of AD 97-02-17, Amendment 39-9902

    (a) At the applicable time specified in either paragraph (a)(1) 
or (a)(2) of this AD, conduct a high frequency eddy current (HFEC) 
inspection to detect fatigue cracking in the NLG turning tube, in 
accordance with the procedures specified in Annex 1 and Annex 2 of 
CASA Maintenance Instructions COM 235-092, Revision 02, dated May 5, 
1995.
    (1) For Model CN-235 airplanes [Basic model; Maximum Takeoff 
Weight (MTOW) = 31,746 lbs. (14,400 kgs.)]: Conduct the inspection 
prior to or upon the accumulation of 6,000 landings on the NLG 
turning tube, or within 50 landings after March 4, 1997 (the 
effective date of AD 97-02-17, amendment 39-9902), whichever occurs 
later.
    (2) For Model CN-235-100 series airplanes [MTOW = 33,290 lbs. 
(15,100 kgs.)] and Model CN-235-200 series airplanes [MTOW = 34,833 
lbs. (15,800 kgs)]: Conduct the inspection prior to or upon the 
accumulation of 4,800 landings on the NLG turning tube, or within 50 
landings after March 4, 1997, whichever occurs later.
    (b) If no cracking is detected during the inspection required by 
paragraph (a) of this AD, repeat the inspection thereafter at 
intervals not to exceed 200 landings until the requirements of 
paragraph (d) are accomplished.
    (c) If any cracking is detected during any inspection required 
by paragraph (a) or (b) of this AD, prior to further flight, 
accomplish the actions required by paragraph (c)(1) or (c)(2) of 
this AD. After the effective date of this AD, only the actions 
specified by paragraph (c)(2) of this AD shall be accomplished.
    (1) Replace the NLG turning tube with a new unit in accordance 
with CASA Maintenance Instructions COM 235-092, Revision 02, dated 
May 5, 1995. After replacement, repeat the HFEC inspection prior to 
or upon the accumulation of 6,000 landings on the new NLG turning 
tube installed on Model CN-325 airplanes (basic model); or prior to 
or upon the accumulation of 4,800 landings on the new NLG turning 
tube installed on Model CN-325-100 and -200 series airplanes. 
Thereafter, repeat the inspection at intervals not to exceed 200 
landings.
    (2) Remove the NLG turning tube, P/N GA 63433, from the NLG yoke 
assembly and install a new turning tube, P/N GA 65924, and identify 
the modified NLG with a P/N SB-A0002-0101 data plate with the 
service bulletin number inscribed, in accordance with CASA Service 
Bulletin 35-CSB-32-001, dated February 16, 1999.

New Requirements of this AD

    (d) Remove the NLG turning tube, P/N GA 63433, from the NLG yoke 
assembly and install a new turning tube, P/N GA 65924, and identify 
the modified NLG with a P/N SB-A0002-0101 data plate with the 
service bulletin number inscribed, in accordance with CASA Service 
Bulletin 35-CSB-32-001, dated February 16, 1999. Except as provided 
by paragraph (c)(2) of this AD, accomplish the actions at the later 
of the times specified in paragraphs (d)(1) and (d)(2) of this AD. 
Accomplishment of these actions constitutes terminating action for 
the requirements of this AD.
    (1) Prior to the accumulation of 4,800 total flight cycles; or
    (2) Within 1 year or 200 landings after the effective date of 
this AD, whichever occurs first.
    (e) As of the effective date of this AD, no person shall install 
a NLG turning tube, P/N GA 63433, on any airplane.

Alternative Methods of Compliance

    (f) 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

    (g) 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

    (h) The actions shall be done in accordance with CASA 
Maintenance Instructions COM 235-092, Revision 02, dated May 5, 
1995; or CASA Service Bulletin 35-CSB-32-001, dated February 16, 
1999; as applicable.
    (1) The incorporation by reference of CASA Service Bulletin 35-
CSB-32-001, dated February 16, 1999, is approved by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51.
    (2) The incorporation of reference of CASA Maintenance 
Instructions COM 235-092, Revision 02, dated May 5, 1995, was 
approved previously by the Director of the Federal Register as of 
March 4, 1997 (62 FR 3994, January 28, 1997).
    (3) 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 01/95, Rev. 2, dated February 15, 1999.

    (i) This amendment becomes effective on November 26, 1999.

    Issued in Renton, Washington, on October 14, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-27325 Filed 10-21-99; 8:45 am]
BILLING CODE 4910-13-U