[Federal Register Volume 60, Number 85 (Wednesday, May 3, 1995)]
[Proposed Rules]
[Pages 21772-21774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10828]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 92-NM-75-AD]
Airworthiness Directives; Construcciones Aeronauticas, S.A.
(CASA), Model C-212-CB, -CC, -CD, -CE, -CF, and -DF 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 C-212-CB, -CC, -CD,
-CE, -CF, and -DF series airplanes. This proposal would require
supplemental structural inspections, and repair or replacement, as
necessary, to ensure the continued airworthiness of these airplanes.
This proposal 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 the proposed AD are intended to prevent reduced structural integrity
of these airplanes.
DATES: Comments must be received by June 12, 1995.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 92-NM-75-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: Sam Grober, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-1187; fax (206) 227-1320.
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 92-NM-75-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-103, Attention: Rules
Docket No. 92-NM-75-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
In June 1988, the FAA sponsored a conference on aging airplane
issues, which was attended by representatives of the aviation industry
from around the world. It became obvious that, because of the
tremendous increase in air travel, the relatively slow pace of new
airplane production, and the apparent economic feasibility of operating
older technology airplanes rather than retiring them, increased
attention needed to be focused on this aging fleet and maintaining its
continued operational safety.
The FAA, in concert with the Regional Airline Association (RAA);
several U.S. and non-U.S. operators of the affected airplanes; the
Direccion General de Aviacion Civil (DGAC), which is the airworthiness
authority for Spain; and Construcciones Aeronauticas, S.A. (CASA); has
agreed to undertake the task of identifying and implementing procedures
to ensure continuing structural airworthiness of aging commuter-class
airplanes. This group reviewed selected service bulletins, applicable
to CASA Model C-212-CB, -CC, -CD, -CE, -CF, and -DF series airplanes,
to be recommended for mandatory rulemaking action to ensure the
continued operational safety of these airplanes.
The group reviewed and recommended CASA Supplemental Inspection
Document (SID) C-212-PV-01-SID, dated June 1, 1987 (hereinafter
referred to as the ``Document''), for mandatory rulemaking action. The
Document describes procedures for implementing a structural inspection
program, which includes inspections of the following Principal
Structural Elements (PSE's) on the airplane:
1. 6 PSE's of the flap controls;
2. 24 PSE's of the fuselage structure, attach lugs and bolts,
frame, and attachments;
3. 14 PSE's of the horizontal and vertical tails;
4. 14 PSE's of the wings; and
5. 8 PSE's of the engine support structure, firewall attach
fittings, attach fittings to the wing, and attach bolts.
The Document also provides information addressing retirement lives,
stress analysis, and fatigue inspections.
The intent of this Document is to positively address fatigue
cracking of [[Page 21773]] the significant structural components
described previously as these airplanes approach and exceed the
manufacturer's original fatigue design life goal. Fatigue cracking of
these components, if not detected and corrected in a timely manner,
could result in reduced structural integrity of the airplane.
The DGAC classified the Document as mandatory and issued Spanish
airworthiness directive 02-88, Revision 1, dated May 17, 1993, in order
to assure the continued airworthiness of these airplanes in Spain.
Additionally, results of fatigue tests accomplished by CASA at the
time of type certification of these airplanes have revealed that, for
Model C-212-CB series airplanes, certain horizontal stabilizer-to-
fuselage attach fittings must be replaced prior to incorporation of the
SID program.
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.
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 supplemental
structural inspections, and repair or replacement, as necessary. The
actions would be required to be accomplished in accordance with the
Document described previously. This proposed AD also would require that
results of these inspections, positive or negative, be reported to
CASA.
This proposed AD also would require replacement of certain
horizontal stabilizer to fuselage attach fittings on Model C-212-CB
series airplanes. The replacement would be required to be accomplished
in accordance with procedures specified in the CASA C-212 Aircraft
Maintenance Manual.
As a result of recent communications with the Air Transport
Association (ATA) of America, the FAA has learned that, in general,
some operators may misunderstand the legal effect of AD's on airplanes
that are identified in the applicability provision of the AD, but that
have been altered or repaired in the area addressed by the AD. The FAA
points out that all airplanes identified in the applicability provision
of an AD are legally subject to the AD. If an airplane has been altered
or repaired in the affected area in such a way as to affect compliance
with the AD, the owner or operator is required to obtain FAA approval
for an alternative method of compliance with the AD, in accordance with
the paragraph of each AD that provides for such approvals. A note has
been included in this notice to clarify this long-standing requirement.
The FAA estimates that 33 airplanes of U.S. registry and 16 U.S.
operators would be affected by this proposed AD.
The FAA estimates that 2 Model C-212-CB series airplanes of U.S.
registry would be required to replace certain horizontal stabilizer to
fuselage attach fittings. The proposed replacement would take
approximately 250 work hours at an average labor rate of $60 per work
hour. Required parts would cost approximately $18,941 per airplane.
Based on these figures, the total cost of this proposed replacement to
the 2 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
total 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 proposed requirements is
estimated to be $613,800 for the affected U.S. fleet, or $18,600 per
airplane.
The total 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.
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
proposed 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 proposed 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 proposed AD would be
redundant and unnecessary.
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 [[Page 21774]] 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. App. 1354(a), 1421 and 1423; 49 U.S.C.
106(g); and 14 CFR 11.89.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
Construcciones Aeronauticas, S.A. (CASA): Docket 92-NM-75-AD.
Applicability: All Model C-212-CB, -CC, -CD, -CE, -CF, and -DF
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
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 use the authority
provided in paragraph (e) to request approval from the FAA. This
approval may address either no action, if the current configuration
eliminates the unsafe condition; or different actions necessary to
address the unsafe condition described in this AD. Such a request
should include an assessment of the effect of the changed
configuration on the unsafe condition addressed by this AD. In no
case does the presence of any modification, alteration, or repair
remove any airplane from the applicability of this AD.
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 hours time-in-service, 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.
(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 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 3: 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.
Issued in Renton, Washington, on April 27, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-10828 Filed 5-2-95; 8:45 am]
BILLING CODE 4910-13-U
