[Federal Register Volume 63, Number 55 (Monday, March 23, 1998)]
[Proposed Rules]
[Pages 13801-13803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7366]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-NM-43-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 certain fastener
holes of the center wing. 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 fatigue cracking in this area, which could result
in reduced structural integrity of the wing.
DATES: Comments must be received by April 22, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 97-NM-43-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
[[Page 13802]]
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 filed in 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 97-NM-43-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. 97-NM-43-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 advises that cracks have been found around several fastener holes
in the structural joints of the center wing structure of the CASA Model
CN-235 fatigue test article. Fatigue cracking in this area, if not
detected and corrected in a timely manner, could result in reduced
structural integrity of the wing.
Explanation of Relevant Service Information
CASA has issued Service Bulletins SB-235-57-14, Revision 1, dated
June 21, 1996, and SB-235-57-05, Revision 2, dated June 21, 1996, which
both describe procedures for modification of the fastener holes of the
center wing. The modification entails a rototest inspection to detect
cracking of certain fastener holes of the center wing; removal of
cracking; and cold working the fastener holes of the center wing to
increase the expected fatigue life to the design objective for the
airplane. Accomplishment of the actions specified in the service
bulletins is intended to adequately address the identified unsafe
condition.
The DGAC classified these service bulletins as mandatory and issued
Spanish airworthiness directive 04/94, dated August 1994, 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
Sec. 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 bulletins described previously,
except as discussed below.
Differences Between Proposed Rule and Foreign AD
Operators should note that, although the parallel Spanish
airworthiness directive does not mandate the accomplishment of required
actions for CASA Model CN-235 series airplane, serial number C-011, the
applicability of this proposed AD would include that airplane. Although
that airplane was not certificated for civilian operation by the DGAC,
the FAA has certificated it as such. The FAA has determined that the
unsafe condition addressed in this AD may also exist or develop on that
airplane.
Differences Between Proposed Rule and Related Service Bulletins
Operators should note that, although the service bulletins specify
that the manufacturer may be contacted for disposition of certain
repairs, this proposal would require that any repair, other than those
specifically identified in the service bulletins, be accomplished in
accordance with a method approved by the FAA.
Cost Impact
The FAA estimates that 2 airplanes of U.S. registry would be
affected by this proposed AD.
The FAA estimates that the actions specified in CASA Service
Bulletin SB-235-57-14 would be required to be accomplished on one
airplane of U.S. registry. These proposed actions would take
approximately 220 work hours per airplane to accomplish, at an average
labor rate of $60 per work hour. Required parts would cost
approximately $719 per airplane. Based on these figures, the cost
impact of this proposed inspection on the single U.S. operator is
estimated to be $13,919.
For CASA Model CN-235 series airplane, serial number C-011, on
which the actions specified in CASA Service Bulletin SB-235-57-05 would
be required to be accomplished, those proposed actions would take
approximately 1,900 work hours per airplane to accomplish, at an
average labor rate of $60 per work hour. Required parts would cost
approximately $11,330 per airplane. Based on these figures, the cost
impact of the proposed actions for that airplane is estimated to be
$125,330.
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 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
[[Page 13803]]
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 adding the following new
airworthiness directive:
Construcciones Aeronauticas, S.A. (CASA): Docket 97-NM-43-AD.
Applicability: Model CN-235 series airplanes; as listed in CASA
Service Bulletins SB-235-57-14, Revision 1, dated June 21, 1996; and
SB-235-57-05, Revision 2, dated June 21, 1996; and Model CN-235
having 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 (d) 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 in the fastener holes of the center
wing, which could result in reduced structural integrity of the
wing, accomplish the following:
(a) For airplanes listed in CASA Service Bulletins SB-235-57-14,
Revision 1, dated June 21, 1996; and SB-235-57-05, Revision 2, dated
June 21, 1996: Perform a rototest inspection of the fastener holes
of the center wing to detect cracking, in accordance with the
applicable service bulletin, at the time specified in paragraph (c)
of this AD.
(1) If no crack is found, prior to further flight, cold work the
fastener holes in accordance with the applicable service bulletin.
(2) If any crack is found, prior to further flight, remove it in
accordance with the service bulletin; repeat the rototest inspection
to detect cracking; and cold work the fastener holes, in accordance
with the applicable service bulletin. If any crack is found that
cannot be removed using the procedures specified in the applicable
service bulletin, prior to further flight, repair it in accordance
with a method approved by the Manager, nternational Branch, ANM-116,
FAA, Transport Airplane Directorate.
(b) For airplane serial number C-011: Perform a rototest
inspection of the fastener holes of the center wing to detect
cracking, in accordance with CASA Service Bulletin SB-235-57-05,
Revision 2, dated June 21, 1996, at the time specified in paragraph
(c) of this AD.
(1) If no crack is found, prior to further flight, cold work the
fastener holes in accordance with the service bulletin.
(2) If any crack is found, prior to further flight, remove it in
accordance with the service bulletin; repeat the rototest inspection
to detect cracking; and cold work the fastener holes, in accordance
with the service bulletin. If any crack is found that cannot be
removed using the procedures specified in the service bulletin,
prior to further flight, repair it in accordance with a method
approved by the Manager, International Branch, ANM-116, FAA,
Transport Airplane Directorate.
(c) Accomplish the inspection required by paragraph (a) or (b)
of this AD, as applicable, at the later of the times specified in
paragraphs (c)(1) and (c)(2) of this AD.
(1) Prior to the accumulation of 17,000 total flight cycles or
37,400 total flight hours, whichever occurs first.
(2) Within 6 months after the effective date of this AD.
(d) 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.
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.
(e) Special flight permits may be issued in accordance with
Secs. 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 04/94, dated August 1994.
2Issued in Renton, Washington, on March 16, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-7366 Filed 3-20-98; 8:45 am]
BILLING CODE 4910-13-P
