[Federal Register Volume 63, Number 71 (Tuesday, April 14, 1998)]
[Proposed Rules]
[Pages 18163-18164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9754]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-85-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 the forward beam
of the vertical stabilizer by the installation of a structural
reinforcement plate. 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 in-flight structural deformation or failure of the vertical
stabilizer, resulting in reduced controllability of the airplane.
DATES: Comments must be received by May 14, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 98-NM-85-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
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-85-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-85-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 certain CASA Model CN-235 series airplanes. The
DGAC advises that additional analysis by the manufacturer has shown
that the existing structural design limits of the vertical stabilizer
can be exceeded in certain required design load conditions. This
condition, if not corrected, could cause in-flight structural
deformation or failure of the vertical stabilizer, resulting in reduced
controllability of the airplane.
Explanation of Relevant Service Information
CASA has issued Service Bulletin SB-235-55-04, dated May 30, 1995,
which describes procedures for modification of the forward beam of the
vertical stabilizer. The modification involves installation of a
structural reinforcement plate on the forward beam of the vertical
stabilizer. Accomplishment of the actions specified in the service
bulletin is intended to adequately address the identified unsafe
condition. The DGAC classified this service bulletin as mandatory and
issued Spanish airworthiness directive 08/96, dated December 9, 1996,
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.
[[Page 18164]]
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 bulletin described previously,
except as discussed below.
Differences Between Proposed Rule and Service Bulletin
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.
Cost Impact
The FAA estimates that 2 airplanes of U.S. registry would be
affected by this proposed AD.
It would take approximately 30 work hours per airplane to
accomplish the proposed modification, at an average labor rate of $60
per work hour. Required parts would cost approximately $180 per
airplane. Based on these figures, the cost impact of the modification
proposed by this AD on U.S. operators is estimated to be $3,960, or
$1,980 per airplane.
The cost impact figure discussed above is 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 98-NM-85-AD.
Applicability: Model CN-235 series airplanes, as listed in CASA
Service Bulletin SB-235-55-04, dated May 30, 1995; and Model CN-235
having serial number (S/N) 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 (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 in-flight structural deformation or failure of the
vertical stabilizer, resulting in reduced controllability of the
airplane, accomplish the following:
(a) Within 6 months after the effective date of this AD, install
a structural reinforcement plate on the forward beam of the vertical
stabilizer, in accordance with CASA Service Bulletin SB-235-55-04,
dated May 30, 1995.
(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 08/96, dated December 9, 1996.
Issued in Renton, Washington, on April 7, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-9754 Filed 4-13-98; 8:45 am]
BILLING CODE 4910-13-U
