Airworthiness directives: Construcciones Aeronauticas, S.A.,

[Federal Register: August 26, 1998 (Volume 63, Number 165)]

[Proposed Rules]

[Page 45419-45421]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr26au98-20]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-185-AD]

RIN 2120-AA64

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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

SUMMARY: This document proposes the supersedure of an existing airworthiness directive (AD), applicable to all CASA Model C-212 series airplanes, that currently requires replacement of the cover of the power control quadrant pedestal with a cover that incorporates slot protection. This action would require repetitive inspections for deterioration or damage of the slot protection installed in the cover of the power control quadrant pedestal. This action also would require eventual modification of the cover, which would constitute terminating action for the repetitive inspections. This proposal is prompted by issuance of mandatory continuing airworthiness information by a foreign civil airworthiness authority. The actions specified by the proposed AD are intended to prevent deterioration of the slot protection installed in the cover of the power control quadrant pedestal, which could allow foreign objects to jam or interfere with the power or trim control system and result in reduced controllability of the airplane.

DATES: Comments must be received by September 25, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-114, Attention: Rules Docket No. 98-NM-185-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.

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: 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:

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 notice may be changed in light of the comments received.

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 filedin the Rules Docket.

Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this notice must submit a self-addressed, stamped postcard on which the following statement is made: ``Comments to Docket Number 98-NM-185-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.98-NM-185-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056.

Discussion

On June 23, 1988, the FAA issued AD 87-05-05 R2, amendment 39-5968 (53 FR 26039, July 11, 1988), applicable to all CASA Model C-212 series airplanes, to require replacement of the cover of the power control quadrant pedestal with a cover that incorporates slot protection. That action was prompted by reports that additional protection was needed to prevent foreign objects from dropping into the power control quadrant pedestal, which could jam or interfere with the power or trim control system. The requirements of that AD are intended to prevent reduced controllability of the airplane.

[[Page 45420]]

Actions Since Issuance of Previous Rule

Since the issuance of that AD, the slot protection that was installed in the cover of the power control quadrant pedestal in accordance with AD 87-05-05 R2 has been found to have deteriorated on certain in-service airplanes. Such deterioration can result in foreign objects dropping into the power control quadrant pedestal, and jamming or interfering with the power or trim control system.

Explanation of Relevant Service Information

The manufacturer has issued CASA C-212 Service Bulletin SB-212-76- 08, dated April 12, 1993, which describes procedures for modification of the cover of the power control quadrant pedestal by replacing the existing slot protection with new, improved slot protection. Accomplishment of the actions specified in the service bulletin is intended to adequately address the identified unsafe condition. The Direccion General de Aviacion (DGAC), which is the airworthiness authority for Spain, classified this service bulletin as mandatory and issued Spanish airworthiness directive 04/96, dated May 13, 1996, in order to assure the continued airworthiness of these airplanes in Spain. The Spanish airworthiness directive also requires repetitive visual inspections to determine the condition of the slot protection.

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 supersede AD 87-05-05 R2 to require repetitive visual inspections for deterioration or damage (e.g., deformation or cuts) of the slot protection installed in the cover of the power control quadrant pedestal. This action also would require eventual modification of the cover by replacing the existing slot protection with new, improved slot protection, which would constitute terminating action for the repetitive inspections. The modification would be required to be accomplished in accordance with the service bulletin described previously.

Differences Between Proposed Rule and Foreign AD

The proposed AD would differ from the parallel Spanish airworthiness directive in that it would mandate accomplishment of the terminating action for the repetitive inspections. The Spanish airworthiness directive requires accomplishment of that action only if deterioration is found.

Mandating the terminating action is based on the FAA's determination that long-term continued operational safety will be better assured by modifications or design changes to remove the source of the problem, rather than by repetitive inspections. Long-term inspections may not be providing the degree of safety assurance necessary for the transport airplane fleet. This, coupled with a better understanding of the human factors associated with numerous continual inspections, has led the FAA to consider placing less emphasis on inspections and more emphasis on design improvements. The proposed modification requirement is in consonance with these conditions.

Cost Impact

There are approximately 38 airplanes of U.S. registry that would be affected by this proposed AD.

The inspection that is proposed in this AD action would take approximately 1 work hour per airplane to accomplish, at an average labor rate of $60 per work hour. Based on these figures, the cost impact of the inspection proposed by this AD on U.S. operators is estimated to be $2,280, or $60 per airplane, per inspection cycle.

The modification that is proposed in this AD action would take approximately 3 work hours per airplane to accomplish, at an average labor rate of $60 per work hour. Required parts would cost approximately $1,200 per airplane. Based on these figures, the cost impact of the modification proposed by this AD on U.S. operators is estimated to be $52,440, or $1,380 per airplane.

The cost impact figures discussed above are based on assumptions that no operator has yet accomplished any of the current or proposed 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 proposed herein would 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 proposal would not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

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 the 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 removing amendment 39-5968 (53 FR 26039, July 11, 1988), and by adding a new airworthiness directive (AD), to read as follows:

    Construcciones Aeronauticas, S.A. (CASA): Docket 98-NM-185-AD. Supersedes AD 87-05-05 R2, amendment 39-5968.

    Applicability: Model C-212 series airplanes, as listed in CASA C-212 Service Bulletin 212-76-08, dated April 12, 1993; certificated in any category.

    Note 1: This AD applies to each airplane identified in the preceding applicability provision, regardless of whether it has been

    [[Page 45421]]

    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 deterioration of the slot protection installed in the cover of the power control quadrant pedestal, which could allow foreign objects to jam or interfere with the power or trim control system and result in reduced controllability of the airplane, accomplish the following:

    (a) Within 300 hours time-in-service or 3 months after the effective date of this AD, whichever occurs first, perform a visual inspection for deterioration or damage of the slot protection installed in the cover of the power control quadrant pedestal.

    (1) If no deterioration or damage is detected, repeat the inspection thereafter at intervals not to exceed 300 hours time-in- service or 3 months, whichever occurs first.

    (2) If any deterioration or damage is detected, or if no slot protection is installed, prior to further flight, accomplish the modification required by paragraph (b) of this AD.

    (b) Within 12 months after the effective date of this AD, modify the cover of the power control quadrant pedestal by installing new, improved slot protection, in accordance with CASA C-212 Service Bulletin SB-212-76-08, dated April 12, 1993. Such modification constitutes terminating action for the inspection requirements of paragraph (a) of this AD.

    (c)(1) 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.

    (c)(2) Alternative methods of compliance, approved previously in accordance with AD 87-05-05 R2, amendment 39-5968, are not considered to be approved as alternative methods of compliance with this AD.

    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.

    (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 04/96, dated May 13, 1996.

    Issued in Renton, Washington, on August 19, 1998. Darrell M. Pederson, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.

    [FR Doc. 98-22814Filed8-25-98; 8:45 am]

    BILLING CODE 4910-13-P

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