[Federal Register Volume 66, Number 53 (Monday, March 19, 2001)]
[Proposed Rules]
[Pages 15363-15365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6647]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-262-AD]
RIN 2120-AA64


Airworthiness Directives; Construcciones Aeronauticas, S.A. 
(CASA), Model CN-235 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain CASA Model CN-235 series 
airplanes. This proposal would require modification of the rigging of 
the engine control cable assembly and replacement of either the entire 
engine control cable assembly or a segment of the control cables. This 
proposal is prompted by issuance of mandatory continuing airworthiness 
information issued by a foreign airworthiness authority. This

[[Page 15364]]

action is necessary to prevent fatigue of the engine control cables, 
leading to breakage of the cables, which could result in reduced 
controllability of the airplane. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by April 18, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-262-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2000-NM-262-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Construcciones Aeronauticas, S.A., Getafe, Madrid, Spain. 
This information may be examined at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, ANM-
116, FAA, Transport Airplane Directorate, 10601 Lind Avenue, SW., 
Renton, Washington 98055-4056; telephone (425) 227-2125; fax (425) 227-
1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin referene as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-262-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2000-NM-262-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Direccion General De Aviacion Civil (DGAC), which is the 
airworthiness authority for Spain, notified the FAA that an unsafe 
condition may exist on certain CASA Model CN-235 series airplanes. The 
DGAC reported the occurrence of three in-service incidents of the 
breakage of a segment of the engine control cable assembly of the power 
plant, due to incorrect rigging of the system. In two of these 
incidents, the broken cable was that of the power lever. In the other 
incident, the broken cable was that of the condition lever. This 
incorrect rigging, if not corrected, could result in fatigue of the 
engine control cables, leading to breakage of the cables, which could 
result in reduced controllability of the airplane.

Explanation of Relevant Service Information

    The manufacturer has issued CASA COM 235-140, Revision 01, dated 
March 21, 2000, which appends a portion of the revised Aircraft 
Maintenance Manual to modify the rigging of the power levers and 
condition levers of the engine control stops to eliminate overload on 
the engine control cables. CASA COM 235-140 also recommends the 
replacement of either the entire engine control cable assembly or only 
that segment of the control cable which has been found to be broken in 
the three incidents. Accomplishment of the actions specified in CASA 
COM 235-140 is intended to adequately address the identified unsafe 
condition. The DGAC classified this document as mandatory and issued 
Spanish airworthiness directive 03/00, dated March 2000, in order to 
assure the continued airworthiness of these airplanes in Spain.

FAA's Conclusions

    This airplane model is manufactured in Spain and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above. The FAA has examined the findings of 
the DGAC, reviewed all available information, and determined that AD 
action is necessary for products of this type design that are 
certificated for operation in the United States.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, the proposed AD would require accomplishment of 
the actions specified in the service information described previously.

Cost Impact

    The FAA estimates that 2 airplanes of U.S. registry would be 
affected by this proposed AD.
    It would take approximately 8 work hours per airplane to accomplish 
the proposed modification of the rigging of the engine control cable 
assembly, at an average labor rate of $60 per work hour. Based on these 
figures, the cost impact of modifying the rigging on U.S. operators is 
estimated to be $960, or $480 per airplane.
    It would take approximately 47 work hours per airplane to 
accomplish the proposed replacement of either the engine control cable 
assembly or a segment of the control cables, at an average labor rate 
of $60 per work hour. Required parts would cost approximately $1,444 
per airplane. Based on these figures, the cost impact of the proposed 
replacement on U.S. operators is estimated to be $8,528, or $4,264 per 
airplane.

[[Page 15365]]

    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the proposed requirements 
of this AD action, and that no operator would accomplish those actions 
in the future if this proposed AD were not adopted. The cost impact 
figures discussed in AD rulemaking actions represent only the time 
necessary to perform the specific actions actually required by the AD. 
These figures typically do not include incidental costs, such as the 
time required to gain access and close up, planning time, or time 
necessitated by other administrative actions.

Regulatory Impact

    The regulations proposed herein would not have a substantial direct 
effect 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, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in he Rules 
Docket. A copy of it may be obtained by contacting the Rules Docket at 
the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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:

Construcciones Aeronauticas, S.A. (CASA): Docket 2000-NM-262-AD.

    Applicability: Model CN-235 series airplanes, serial numbers 
C001 to C074, 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 fatigue of the engine control system cables, which 
could lead to breakage of the engine control cables, which could 
result in reduced controllability of the airplane, accomplish the 
following:

Modification

    (a) Within 15 days after the effective date of this AD: Rig the 
power lever and condition lever control stops, in accordance with 
CASA COM 235-140, Revision 01, dated March 21, 2000.

Replacement

    (b) Prior to the accumulation of 12,000 total flight cycles or 
within 6 months after the effective date of this AD, whichever 
occurs later: Replace either the entire engine control cable 
assembly (part number 7-44728-12) with a new assembly or replace a 
segment of the control cable (part number 72830-20) with a new 
segment, in accordance with CASA COM 235-140, Revision 01, dated 
March 21, 2000.

Alternative Methods of Compliance

    (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, 
Transport Airplane Directorate, FAA. 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

    (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.


    Note 3: The subject of this AD is addressed in Spanish 
airworthiness directive 03/00, dated March 2000.


    Issued in Renton, Washington, on March 12, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-6647 Filed 3-16-01; 8:45 am]
BILLING CODE 4910-13-M