[Federal Register Volume 61, Number 73 (Monday, April 15, 1996)]
[Rules and Regulations]
[Pages 16382-16384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8535]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 92-NM-75-AD; Amendment 39-9564; AD 96-07-14]
Airworthiness Directives; Construcciones Aeronauticas, S.A.
(CASA), Model C-212-CB, -CC, -CD, -CE, and -CF Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to all CASA Model C-212-CB, -CC, -CD, -CE, and -CF series
airplanes, that requires supplemental structural inspections, and
repair or replacement, as necessary, to ensure the continued
airworthiness of these airplanes. This amendment is prompted by a
structural reevaluation, which identified certain significant
structural components to inspect for fatigue cracks as these airplanes
approach and exceed the manufacturer's original fatigue design life
goal. The actions specified by this AD are intended to prevent reduced
structural integrity of these airplanes.
DATES: Effective May 15, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of May 15, 1996.
ADDRESSES: The service information referenced in this AD may be
obtained from Construcciones Aeronauticas, S.A., Getafe, Madrid, Spain.
This information may be examined at the Federal Aviation Administration
(FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue,
SW., Renton, Washington; or at the Office of the Federal Register, 800
North Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Gregory Dunn, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-2799; fax (206) 227-1149.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to all CASA Model C-212-CB, -CC, -CD,
-CE, and -CF series airplanes was published in the Federal Register on
May 3, 1995 (60 FR 21772). That action proposed to require supplemental
structural inspections, and repair or replacement, as necessary. That
action also proposed to require that results of these inspections,
positive or negative, be reported to CASA. Additionally, the action
proposed to require replacement of certain horizontal stabilizer-to-
fuselage attach fittings on Model C-212-CB series airplanes.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Three commenters request that Model C-212-DF series airplanes be
removed from the applicability of the proposed AD. The commenters
remark that those airplanes are not included in the effectivity listing
of CASA Supplemental Inspection Document (SID) C-212-PV-01-SID, dated
June 1, 1987 (hereinafter referred to as the ``Document''). Further,
that airplane model is far from achieving the thresholds specified in
the Document. Additionally, a revision of the Document is in progress
currently; that revision will address the special features of that
model. The FAA concurs with the commenters' request for the reasons
presented, and has revised the final rule accordingly. The FAA may
consider further rulemaking relevant to that model.
These commenters also request that the compliance time for
replacement of the horizontal stabilizer-to-fuselage attach fittings,
as specified in paragraph (a) of the proposed AD, be revised from
``16,500 total hours time-in-service'' to ``16,500 total landings,'' in
order to be consistent with Spanish airworthiness directive 2-88,
Revision 1, dated May 17, 1993. The FAA concurs with the commenters'
request, and finds that the compliance time in terms of landings is
more appropriate. The FAA has revised paragraph (a) of the final rule
accordingly.
One commenter requests that the compliance time for revising the
maintenance inspection program, as specified in paragraph (b)(1) of the
proposed AD, be revised from ``20,000 total landings or 20,000 total
hours time-in-service, whichever occurs first'' to ``20,000 total
landings'' only. The commenter considers this request necessary in
order to ensure that the threshold specified in proposed AD is
consistent with that specified in the Document. The FAA does not concur
with the commenter's request. The FAA's intent is that the compliance
times specified in this AD be consistent with those of Spanish
airworthiness directive 2-88, Revision 1, dated May 17, 1993. The FAA
finds that the compliance time, as presented in the proposal and in the
Spanish airworthiness directive, is more appropriate for initiating
timely detection and correction of problems associated with fatigue in
the affected components. Therefore, the compliance times specified in
paragraph (b)(1) of the final rule have not been changed.
Two commenters, the manufacturer and the foreign airworthiness
authority, request that the FAA add a note to the proposed AD to
indicate that the thresholds and intervals specified in AD 89-02-08 R1,
amendment 39-6280 (54 FR 1341, January 13, 1989), for accomplishment of
certain requirements associated with the flap control system are more
restrictive than the thresholds and intervals specified in the Document
and in this proposed AD for accomplishment of the same requirements.
The commenters request that a note be included in the AD in order to
avoid confusion among the operators of the affected airplanes. The FAA
concurs that clarification is necessary. The FAA acknowledges that
certain thresholds and intervals specified in the Document for
inspection of the flap control system may overlap with those specified
in AD 89-02-08 R1. The FAA has revised paragraph (b) of this final rule
to add a note specifying that where such differences exist, the
thresholds and intervals specified in AD 89-02-08 R1 prevail.
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the changes previously
described. The FAA has determined that these changes will neither
increase the economic burden on any operator nor increase the scope of
the AD.
[[Page 16383]]
The FAA estimates that 33 airplanes of U.S. registry and 16 U.S.
operators will be affected by this AD.
The FAA estimates that 2 Model C-212-CB series airplanes of U.S.
registry will be required to replace certain horizontal stabilizer-to-
fuselage attach fittings. The required replacement will take
approximately 250 work hours per airplane to accomplish, at an average
labor rate of $60 per work hour. Required parts will cost approximately
$18,941 per airplane. Based on these figures, the cost impact of the
required replacement on U.S. operators of Model C-212-CB series
airplanes is estimated to be $67,882, or $33,941 per airplane.
Incorporation of the SID into an operator's maintenance program is
estimated to necessitate 60 work hours at an average labor rate of $60
per work hour. Sixteen U.S. operators would be required to incorporate
the SID into their maintenance programs. Based on these figures, the
cost to these 16 U.S. operators is estimated to be $57,600, or $3,600
per operator.
The recurring inspections cost is estimated to be 310 work hours
per airplane at an average labor rate of $60 per work hour. Based on
these figures, the recurring cost for these requirements is estimated
to be $613,800 for the affected U.S. fleet, or $18,600 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator would accomplish those actions in the
future if this AD were not adopted.
The FAA recognizes that the obligation to maintain aircraft in an
airworthy condition is vital, but sometimes expensive. Because AD's
require specific actions to address specific unsafe conditions, they
appear to impose costs that would not otherwise be borne by operators.
However, because of the general obligation of operators to maintain
aircraft in an airworthy condition, this appearance is deceptive.
Attributing those costs solely to the issuance of this AD is
unrealistic because, in the interest of maintaining safe aircraft,
prudent operators would accomplish the required actions even if they
were not required to do so by the AD.
A full cost-benefit analysis has not been accomplished for this AD.
As a matter of law, in order to be airworthy, an aircraft must conform
to its type design and be in a condition for safe operation. The type
design is approved only after the FAA makes a determination that it
complies with all applicable airworthiness requirements. In adopting
and maintaining those requirements, the FAA has already made the
determination that they establish a level of safety that is cost-
beneficial. When the FAA, as in this AD, makes a finding of an unsafe
condition, this means that the original cost-beneficial level of safety
is no longer being achieved and that the proposed actions are necessary
to restore that level of safety. Because this level of safety has
already been determined to be cost-beneficial, a full cost-benefit
analysis for this AD would be redundant and unnecessary.
The regulations adopted herein will 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 final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under 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. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends 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 USC 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
96-07-14 Construcciones Aeronauticas, S.A. (CASA): Amendment 39-
9564. Docket 92-NM-75-AD.
Applicability: All Model C-212-CB, -CC, -CD, -CE, and -CF series
airplanes, certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
otherwise 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 (e) 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 reduced structural integrity of the airplane,
accomplish the following:
(a) For Model C-212-CB series airplanes: Prior to the
accumulation of 16,500 total landings, or within 6 months after the
effective date of this AD, whichever occurs later, replace the
horizontal stabilizer-to-fuselage attach fittings, part numbers 212-
31101.05 and 212-31102.05, with part numbers 212-31122.03 and 212-
31123.05, respectively, in accordance with the CASA C-212 Aircraft
Maintenance Manual, Chapter 5, Section 5-20, task number 55.15.
Note 2: Replacement of the attach fittings on Model C-212-CB
series airplanes may be accomplished by replacing part numbers 212-
31101.05 and 212-31102.05 with part numbers 212-31123.30 and 212-
31122.29, respectively.
(b) For all airplanes: Incorporate a revision into the FAA-
approved maintenance inspection program that provides for inspection
of the Principal Structural Elements (PSE) defined in CASA
Supplemental Inspection Document (SID) C-212-PV-01-SID, dated June
1, 1987 (hereinafter referred to as the ``Document''), at the later
of the times specified in paragraphs (b)(1) and (b)(2) of this AD.
Note 3: Certain thresholds and intervals for inspections of the
wing flap control system required by AD 89-02-08 R1, amendment 39-
6280, are more restrictive than those specified in the Document.
Where differences exist, the thresholds and intervals specified in
AD 89-02-08 R1 prevail.
(1) Prior to the accumulation of 20,000 total landings or 20,000
total hours time-in-service, whichever occurs first. Or
(2) Within 9 months after the effective date of this AD.
(c) Any cracked structure detected during the inspections
required by paragraph (b) of this AD must be repaired or replaced,
prior to further flight, in accordance with the
[[Page 16384]]
instructions in the Document, or in accordance with other data
meeting the certification basis of the airplane that is approved by
the FAA or by the Direccion General de Aviacion Civil (DGAC).
(d) Within 10 days after accomplishing each inspection required
by paragraph (b) of this AD, report the results (positive or
negative) of each inspection required by paragraph (b) of this AD to
CASA in accordance with the Document. Information collection
requirements contained in this regulation have been approved by the
Office of Management and Budget (OMB) under the provisions of the
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and have
been assigned OMB Control Number 2120-0056.
(e) 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, Standardization Branch, ANM-113,
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,
Standardization Branch, ANM-113.
Note 4: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(f) 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.
(g) The maintenance program revision shall be done in accordance
with CASA Supplemental Inspection Document (SID) C-212-PV-01-SID,
dated June 1, 1987.
Note: The date of Volumes 2 and 3 of the SID is indicated only
on the title page of the volume.
This incorporation by reference was approved by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies may be obtained from Construcciones Aeronauticas,
S.A., Getafe, Madrid, Spain. Copies may be inspected at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the Office of the Federal Register, 800 North
Capitol Street, NW., suite 700, Washington, DC.
(h) This amendment becomes effective on May 15, 1996.
Issued in Renton, Washington, on March 28, 1996.
Bill R. Boxwell,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-8535 Filed 4-12-96; 8:45 am]
BILLING CODE 4910-13-P
