[Federal Register Volume 63, Number 59 (Friday, March 27, 1998)]
[Proposed Rules]
[Pages 14861-14863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8134]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-NM-331-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 all CASA Model CN-235 series
airplanes. This proposal would require modification of the passenger
and crew doors and repetitive visual inspections, adjustments, and
tests of the passenger and crew door latching and locking systems to
ensure correct operation. 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 inadvertent opening of a door during flight of the
airplane, which could result in rapid decompression of the passenger
cabin.
DATES: Comments must be received by April 27, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 97-NM-331-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 filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
[[Page 14862]]
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-331-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-331-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Direccion General de Aviacion (DGAC), which is the
airworthiness authority for Spain, notified the FAA that an unsafe
condition may exist on all CASA Model CN-235 series airplanes. The DGAC
advises that it received a report indicating that the main passenger
door opened during flight on a CASA Model CN-235-200 series airplane.
Investigation revealed that the closing mechanism of the door was
distorted and some elements of the locking device also were deformed
and broken. These conditions resulted in failure of the door to latch
properly, and allowed inadvertent opening of the passenger door. This
condition, if not corrected, could result in rapid decompression of the
passenger cabin.
Explanation of Relevant Service Information
CASA has issued Service Bulletin SB-235-52-54, Revision 1, dated
October 24, 1995, which describes procedures for modification of the
passenger and crew doors by relocating the window, replacing the
attachment bolt in the step, adding a notch in the upper closing
locking lever, and reaming the door latch housings.
CASA also has issued Communication COM 235-098, Revision 02, dated
October 19, 1995, which describes procedures for repetitive visual
inspections to detect discrepancies of the latching and locking systems
and the microswitch system of the passenger and crew doors; and
adjustments and tests to ensure these systems operate correctly.
The DGAC classified these service documents as mandatory and issued
Spanish airworthiness directive 3/95, Revision 1, dated October 1,
1995, 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,
except as discussed below.
Differences Between Proposed Rule and Foreign AD
Operators should note that, although the parallel Spanish
airworthiness directive does not mandate accomplishment of the
specified actions for the CASA Model CN-235 series airplane having
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
also may exist or develop on that airplane; therefore, the
applicability of this proposed AD includes that serial number.
Cost Impact
The FAA estimates that 2 airplanes of U.S. registry would be
affected by this proposed AD.
It would take approximately 4 work hours per airplane to accomplish
the proposed inspection, 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 $480, or $240 per
airplane, per inspection cycle.
It would take approximately 60 work hours per airplane to
accomplish the proposed modification, at an average labor rate of $60
per work hour. Required parts would cost approximately $406 per
airplane. Based on these figures, the cost impact of the modification
proposed by this AD on U.S. operators is estimated to be $8,012, or
$4,006 per airplane.
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 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-331-AD.
Applicability: All Model CN-235 series airplanes, including
serial number (S/N) C-011, certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability
[[Page 14863]]
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 (b) 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 inadvertent opening of a door during flight, which
could result in rapid decompression of the passenger cabin,
accomplish the following:
(a) Within 3 months or 300 flight hours after the effective date
of this AD, whichever occurs later, accomplish the requirements of
paragraphs (a)(1) and (a)(2) of this AD.
(1) Modify the passenger and crew doors in accordance with CASA
Service Bulletin SB-235-52-54, Revision 1, dated October 24, 1995;
and
(2) Perform follow-on actions (i.e., inspections for
discrepancies, adjustments, and tests) in accordance with CASA COM
235-098, Revision 02, dated October 19, 1995. If any discrepancy is
found, prior to further flight, accomplish the applicable corrective
action in accordance with the COM. Thereafter accomplish the
requirements of paragraphs (a)(2)(i) and (a)(2)(ii) of this AD.
(i) Repeat the visual inspection for discrepancies of the
passenger door and crew door latching and locking systems, in
accordance with paragraph 1. of CASA COM 235-098, Revision 02, dated
October 19, 1995, at intervals not to exceed 300 flight hours. If
any discrepancy is found, prior to further flight, accomplish the
applicable corrective action in accordance with the COM.
(ii) Repeat adjustments and tests of the door latching and
locking systems, in accordance with paragraph 2., 3., and paragraph
V) of Annex II of CASA COM 235-098, Revision 02, dated October 19,
1995, at intervals not to exceed 1,200 flight hours. If any
discrepancy is found during any adjustment or test, prior to further
flight, accomplish the applicable corrective action in accordance
with the COM.
(b) 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.
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.
(c) 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 3/95, Revision 1, dated October 1, 1995.
Issued in Renton, Washington, on March 23, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-8134 Filed 3-26-98; 8:45 am]
BILLING CODE 4901-13-P
