[Federal Register Volume 74, Number 34 (Monday, February 23, 2009)]
[Proposed Rules]
[Pages 8043-8045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3780]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0005; Directorate Identifier 2008-NM-164-AD]
RIN 2120-AA64


Airworthiness Directives; Construcciones Aeronauticas, S.A. 
(CASA), Model C-212-CB, C-212-CC, C-212-CD, C-212-CE, C-212-CF, and C-
212-DE Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    Incidents have been reported on Britten-Norman BN-2 aircraft, 
where cracks were found in the inner shell of the pitot/static 
pressure heads. The investigation concluded that these pitot tubes, 
supplied by Thales Optronics, could be operated outside their 
voltage specification. On December 15th, 2005, CAA [Civil Aviation 
Authority] United Kingdom issued AD G-2005-0034 (EASA approval 
number 2005-6447), later superseded by EASA AD 2006-0143, to require 
inspections and leak tests on Britten-Norman aircraft. Subsequently, 
it has been discovered that the same tubes are supplied to EADS-CASA 
for installation on C-212 aircraft, one for the pilot side and one 
for the co-pilot side. So far, EADS-CASA has not received any report 
of cracked pitot tubes from C-212 operators.
    This condition, if not corrected, could result in incorrect 
readings on the pressure instrumentation, e.g., altimeters, vertical 
speed indicators (rate of climb) and airspeed indicators, 
potentially leading to navigational errors.

The unsafe condition could reduce the ability of the flightcrew to 
maintain the safe flight and landing of the airplane. The proposed AD 
would require actions that are intended to address the unsafe condition 
described in the MCAI.

DATES: We must receive comments on this proposed AD by March 25, 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 W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
EADS-CASA, Military Transport Aircraft Division (MTAD), Integrated 
Customer Services (ICS), Technical Services, Avenida de Arag[oacute]n 
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. You may review copies of the referenced service 
information 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations 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:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0005; 
Directorate Identifier 2008-NM-164-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on 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 proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2008-0155, dated August 11, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Incidents have been reported on Britten-Norman BN-2 aircraft, 
where cracks were found in the inner shell of the pitot/static 
pressure heads. The investigation concluded that these pitot tubes, 
supplied by Thales Optronics, could be operated outside their 
voltage specification. On December 15th, 2005, CAA [Civil Aviation 
Authority] United Kingdom issued AD G-2005-0034 (EASA approval 
number 2005-6447), later superseded by EASA AD 2006-0143, to require 
inspections and leak tests on Britten-Norman aircraft. Subsequently, 
it has been discovered that the same tubes are supplied to EADS-CASA 
for installation on C-212 aircraft, one for the pilot side and one 
for the co-pilot side. So far, EADS-CASA has not received any report 
of cracked pitot tubes from C-212 operators.
    This condition, if not corrected, could result in incorrect 
readings on the pressure instrumentation, e.g., altimeters, vertical 
speed indicators (rate of climb) and airspeed indicators, 
potentially leading to navigational errors.
    For the reasons described above, this EASA AD requires the 
inspection of the affected pitot tubes, and, if cracks are found, 
replacement of those tubes with the new P/N [part number] 212-A0150-
0001 and 212-A0150-0002 pitot tubes.

The unsafe condition could reduce the ability of the flightcrew to 
maintain the safe flight and landing of the airplane. You may obtain 
further information by examining the MCAI in the AD docket.

Relevant Service Information

    CASA has issued Chapter 5 of the C-212 Series 100/200 Maintenance 
Manual, Revision 2, dated June 11, 2002; and Service Bulletin SB-212-
34-11, Revision 1, dated February 27, 2008. The actions described in 
this service

[[Page 8044]]

information are intended to correct the unsafe condition identified in 
the MCAI.

FAA's Determination and Requirements of This Proposed 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 proposing 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.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 32 products of U.S. registry. We also estimate that 
it would take about 1 work-hour per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $2,560, or $80 per product.

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 determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify 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. 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 proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new AD:

Construcciones Aeronauticas, S.A. (CASA): Docket No. FAA-2009-0005; 
Directorate Identifier 2008-NM-164-AD.

Comments Due Date

    (a) We must receive comments by March 25, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to CASA Model C-212-CB, C-212-CC, C-212-CD, 
C-212-CE, C-212-CF, and C-212-DE airplanes, all serial numbers; 
certificated in any category; on which pitot tubes having part 
number 212-61105.1 or 212-61105.2 are installed.

Subject

    (d) Air Transport Association (ATA) of America Code 34: 
Navigation.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    Incidents have been reported on Britten-Norman BN-2 aircraft, 
where cracks were found in the inner shell of the pitot/static 
pressure heads. The investigation concluded that these pitot tubes, 
supplied by Thales Optronics, could be operated outside their 
voltage specification. On December 15th, 2005, CAA [Civil Aviation 
Authority] United Kingdom issued AD G-2005-0034 (EASA approval 
number 2005-6447), later superseded by EASA AD 2006-0143, to require 
inspections and leak tests on Britten-Norman aircraft. Subsequently, 
it has been discovered that the same tubes are supplied to EADS-CASA 
for installation on C-212 aircraft, one for the pilot side and one 
for the co-pilot side. So far, EADS-CASA has not received any report 
of cracked pitot tubes from C-212 operators.
    This condition, if not corrected, could result in incorrect 
readings on the pressure instrumentation, e.g., altimeters, vertical 
speed indicators (rate of climb) and airspeed indicators, 
potentially leading to navigational errors.
    For the reasons described above, this EASA AD requires the 
inspection of the affected pitot tubes, and, if cracks are found, 
replacement of those tubes with the new P/N [part number] 212-A0150-
0001 and 212-A0150-0002 pitot tubes.

The unsafe condition could reduce the ability of the flightcrew to 
maintain the safe flight and landing of the airplane.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 1 month or 300 flight hours after the effective date 
of this AD, whichever occurs first: Perform a detailed inspection of 
the affected pitot tubes and static inlets for radial cracking 
around the top lip of the dynamic port in accordance with the 
instructions of Chapter 5 of the CASA C-212 Series 100/200 
Maintenance Manual, Revision 2, dated June 11, 2002. Repeat the 
inspection thereafter at intervals not to exceed 300 flight hours.
    (2) If any crack is found during any inspection required by 
paragraph (f)(1) of this AD, before further flight, replace the 
pitot tube with a new pitot tube having P/N 212-A0150-0001 or 212-
A0150-0002 in accordance with the instructions of CASA Service 
Bulletin SB-212-34-11, Revision 1, dated February 27, 2008. 
Replacement of both pitot tubes having part number 212-61105.1 and 
212-61105.2 with new tubes terminates the repetitive inspections 
required by paragraph (f)(1) of this AD.

[[Page 8045]]

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): 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.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2008-0155, dated August 11, 2008; Chapter 5 of the CASA C-
212 Series 100/200 Maintenance Manual, Revision 2, dated June 11, 
2002; and CASA Service Bulletin SB-212-34-11, Revision 1, dated 
February 27, 2008, for related information.

    Issued in Renton, Washington, on December 29, 2008.
Linda Navarro,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-3780 Filed 2-20-09; 8:45 am]
BILLING CODE 4910-13-P