[Federal Register Volume 74, Number 33 (Friday, February 20, 2009)]
[Rules and Regulations]
[Pages 7786-7789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3261]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1360; Directorate Identifier 2008-NM-075-AD; 
Amendment 39-15791; AD 2009-02-01]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain CASA Model C-212-DF airplanes. This AD requires a one-time 
conductivity inspection to determine the material used in manufacturing 
outer to center wing attachment fittings; and one-time inspections to 
detect cracks on affected fittings, and corrective action if necessary. 
This AD results from reports of cracks found in outer to center wing 
attachment fittings. We are issuing this AD to detect and correct 
cracks on the upper and lower fittings in both outer and center wings, 
which could result in reduced structural integrity of the airplane.

DATES: This AD becomes effective March 9, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of March 9, 2009.
    We must receive comments on this AD by March 23, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact EADS-CASA, 
Military Transport Aircraft Division (MTAD), Integrated Customer 
Services (ICS), Technical Services, Avenida de Aragon

[[Page 7787]]

404, 28022 Madrid, Spain; telephone +34 91 585 55 84; fax +34 91 585 55 
05; e-mail [email protected]; Internet http://www.eads.net.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace 
Engineer, International Branch, ANM-116, Transport Airplane 
Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; 
telephone 425-227-1112; fax 425-227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, notified us that 
an unsafe condition may exist on certain CASA Model C-212-DF airplanes. 
The EASA advises that cracks were discovered in outer to center wing 
attachment fittings during final assembly of a new production airplane 
and in some inspected airplanes already in service. The cracks were 
caused by a defective manufacturing process of the outer to center wing 
attachment fittings. This condition, if not detected and corrected, 
could result in reduced structural integrity of the airplane.

Relevant Service Information

    CASA has issued Communication Letter COM 212-303, dated March 16, 
2006. This communication letter describes procedures to determine the 
material used in the manufacture of outer to center wing attachment 
fittings.
    CASA also has issued Communication Letter COM 212-301, Revision 1, 
dated March 4, 2006. This communication letter describes procedures for 
a high frequency eddy current inspection to detect cracks of the eight 
upper and lower fittings in both outer and center wings for both left-
hand and right-hand sides of the airplane.
    In addition, CASA has issued Communication Letter COM 212-302, 
Revision 1, dated March 17, 2006. This communication letter describes 
procedures for a low frequency eddy current inspection to detect cracks 
of the eight upper and lower fittings in both outer and center wings 
for both left-hand and right-hand sides of the airplane.
    The EASA mandated the service information and issued emergency 
airworthiness directive (AD) 2006-0359-E, dated November 29, 2006 
(referred to after this as ``the MCAI''), to ensure the continued 
airworthiness of these airplanes in the European Union.
    The service bulletins do not specify a method for repairing or 
replacing wing attachment fittings. This AD requires replacing cracked 
fittings using a method approved by the FAA or EASA (or its delegated 
agent). In light of the type of repair that would be required to 
address the unsafe condition, and consistent with existing bilateral 
airworthiness agreements, we have determined that, for this AD, a 
repair approved by the FAA or EASA (or its delegated agent) is 
acceptable for compliance with this AD.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are issuing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    Therefore, we are issuing this AD to require determination of the 
material used in manufacturing outer to center wing attachment 
fittings; and one-time inspections to detect cracks on affected 
fittings, and corrective action if necessary. This AD requires 
accomplishing the actions specified in the service information 
described previously, except as discussed below.

Difference Between This AD and the MCAI

    The compliance time specified in the EASA airworthiness directive 
is the effective date of the MCAI. We have determined that a compliance 
time of 10 flight hours is appropriate and will provide an acceptable 
level of safety.

Costs of Compliance

    None of the airplanes affected by this action are on the U.S. 
Register. All airplanes affected by this AD are currently operated by 
non-U.S. operators under foreign registry; therefore, they are not 
directly affected by this AD action. However, we consider this AD 
necessary to ensure that the unsafe condition is addressed if any 
affected airplane is imported and placed on the U.S. Register in the 
future.
    The following table provides the estimated costs to comply with 
this AD for any affected airplane that might be imported and placed on 
the U.S. Register in the future.

                                             Table--Estimated Costs
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                                                        Average labor                                Cost per
               Action                    Work hours     rate per hour          Parts cost            airplane
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Inspection..........................              20              $80   None...................          $1,600
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FAA's Determination of the Effective Date

    No airplane affected by this AD is currently on the U.S. Register. 
Therefore, providing notice and opportunity for public comment is 
unnecessary before this AD is issued, and this AD may be made effective 
in less than 30 days after it is published in the Federal Register.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. However, we invite 
you to send any written data, views, or arguments about this AD. Send 
your comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2008-1360; Directorate Identifier 2008-NM-075-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory,

[[Page 7788]]

economic, environmental, and energy aspects of this AD. We will 
consider all comments received by the closing date and may amend this 
AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will 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.
    For the reasons discussed above, I certify that the 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2009-02-01 Construcciones Aeronauticas, S.A. (CASA): Amendment 39-
15791. Docket No. FAA-2008-1360; Directorate Identifier 2008-NM-075-
AD.

Effective Date

    (a) This AD becomes effective March 9, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to CASA Model C-212-DF airplanes, 
certificated in any category, serial numbers 444 through 477, except 
for those airplanes on which CASA Alert All Operator Letter AOL 212-
010, Revision 2, dated March 17, 2005, has been done on both upper 
and lower fittings in both outer and center wings for both left-hand 
and right-hand sides of the airplane.

Unsafe Condition

    (d) This AD results from reports of cracks found in outer to 
center wing attachment fittings. We are issuing this AD to detect 
and correct cracks on the upper and lower fittings in both outer and 
center wings, which could result in reduced structural integrity of 
the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspection

    (f) Within 10 flight hours after the effective date of this AD, 
do a high or low frequency eddy current inspection, as applicable, 
to determine the material used in the eight upper and lower fittings 
in both outer and center wings for both left-hand and right-hand 
sides of the airplane, in accordance with CASA Communication 
LetterCOM 212-303, dated March 16, 2006.
    (1) If all fittings are verified to be made of 2024-T42 (L-3140-
T42) alloy, no further action is required by this AD.
    (2) For any fitting verified to be made of 7050-T7451 (L-3767-
T7451) alloy, before further flight, perform high or low frequency 
eddy current inspections, as applicable, for cracks on the eight 
upper and lower fittings in both outer and center wings for both 
left-hand and right-hand sides of the airplane, in accordance with 
CASA Communication Letter COM 212-301, Revision 1, dated March 4, 
2006; and CASA Communication Letter COM 212-302, Revision 1, dated 
March 17, 2006. If any crack is detected, before further flight, 
replace the affected fitting using a method approved by the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA; 
or the European Aviation Safety Agency (EASA) (or its delegated 
agent).

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, International Branch, ANM-116, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. Send information to ATTN: Shahram 
Daneshmandi, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone 425-227-1112; fax 425-227-1149. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.

Related Information

    (h) EASA airworthiness directive 2006-0359-E, dated November 29, 
2006, also addresses the subject of this AD.

Material Incorporated by Reference

    (i) You must use the service information contained in Table 1 of 
this AD to do the actions required by this AD, as applicable, unless 
the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of these documents in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact EADS-
CASA, Military Transport Aircraft Division (MTAD), Integrated 
Customer Services (ICS), Technical Services, Avenida de Aragon 404, 
28022 Madrid, Spain; telephone +34 91 585 55 84; fax +34 91 585 55 
05; e-mail [email protected]; Internet http://www.eads.net.
    (3) You may review copies of the service information that is 
incorporated by reference at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For 
information on the availability of this material at the FAA, call 
425-227-1221 or 425-227-1152.
    (4) You may also review copies of the service information at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call 202-741-6030, or 
go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

[[Page 7789]]



                                   Table 1--Material Incorporated by Reference
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           Service information                     Revision level                           Date
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CASA Communication Letter COM 212-301...  1..............................  March 4, 2006.
CASA Communication Letter COM 212-302...  1..............................  March 17, 2006.
CASA Communication Letter COM 212-303...  Original.......................  March 16, 2006.
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    Issued in Renton, Washington, on December 28, 2008.
Linda Navarro,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-3261 Filed 2-19-09; 8:45 am]
BILLING CODE 4910-13-P