[Federal Register Volume 63, Number 178 (Tuesday, September 15, 1998)]
[Rules and Regulations]
[Pages 49275-49278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24250]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 96-NM-123-AD; Amendment 39-10737; AD 98-18-21]
RIN 2120-AA64
Airworthiness Directives; Construcciones Aeronauticas, S.A.
(CASA) Model C-212 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 series airplanes, that requires
implementation of a corrosion prevention and control program either by
accomplishing specific inspections or by revising the maintenance
inspection program to include such a program. This amendment is
prompted by reports of incidents involving corrosion and fatigue
cracking in transport category airplanes that are approaching or have
exceeded their economic design goal; these incidents have jeopardized
the airworthiness of the affected airplanes. The actions specified by
this AD are intended to prevent degradation of the structural
capabilities of the airplane due to the problems associated with
corrosion.
DATES: Effective October 20, 1998.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of October 20, 1998.
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: 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: 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 series
airplanes was published in the Federal Register on February 5, 1997 (62
FR 5350). That action proposed to require implementation of a corrosion
prevention and control program either by accomplishing specific
inspections or by revising the maintenance inspection program to
include such a program.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Request To Shorten Initial Compliance Time
Several commenters request that the one year compliance time for
accomplishment of initial corrosion inspections, as specified in the
proposed AD, be shortened to be effective immediately upon issuance of
the AD. The commenters consider the one year period for implementation
of the corrosion prevention and control program (CPCP) to be too long,
unnecessary, and not in the best interests of public safety.
The FAA does not concur with the commenters' request. In developing
an appropriate compliance time, the FAA considered the risk to the
affected airplanes, as well as the magnitude and complexity of the
CPCP. The FAA does not consider the risk to these airplanes during the
one year implementation period to be great, since the requirement to
implement the CPCP does not stem from a specific finding of serious
corrosion on CASA Model C-212 series airplanes. Rather, the CPCP is
proactive in nature, in that it establishes a comprehensive program
designed to prevent corrosion from developing in the future to the
point that it could affect safe operation of these airplanes.
However, the FAA does consider it necessary to allow operators
sufficient time for implementation of the requirements of the CPCP. The
tasks to be accomplished as part of the CPCP are complex and time
consuming; complete accomplishment of these tasks could require an
elapsed time of several weeks. Given the magnitude of the CPCP tasks
required by this AD, the FAA considers a one year period to be
appropriate, to allow operators time to plan for implementation of
these tasks on the fleet of affected airplanes.
[[Page 49276]]
In light of these factors, the FAA has determined that no change to
the final rule is necessary.
Inspections of All Airplanes At Least Once Per Year
Several commenters request that the proposed AD be revised to
require accomplishment of the initial CPCP inspections on all affected
airplanes at a minimum rate of once per year. The commenters question
if the AD, as proposed, would allow accomplishment of the initial
inspection over an extended period of time, amounting to up to ten
years in some cases (on a fleet of ten or more airplanes). The
commenters state, if this is the case, the proposed AD should not be
implemented in this way.
The FAA infers that the commenters are concerned about the length
of time prior to accomplishment of the initial CPCP inspections for
some airplanes. However, in the example provided by the commenter, an
operator would not necessarily be allowed 10 years to accomplish the
initial inspections in the CPCP. Rather, the schedule for compliance is
dependent on the age of the airplane. For all airplanes over 15 years
of age, this AD requires completion of the initial inspection in no
more than 4 years. In consideration of the amount of work involved in
accomplishing the CPCP, the FAA considers this time frame to be
justified. Operators of affected airplanes that are newer would have a
longer time to accomplish the initial inspections. However, as newer
airplanes are less likely to have corrosion present, the FAA considers
this longer time period to be appropriate as well.
Additionally, during any of the CPCP inspections required by this
AD, the inspection schedule for airplanes in an operator's fleet is
also dependent on any significant corrosion finding (Level 2 or Level
3) made on any airplane in its affected fleet. For example, if an
operator were to discover Level 3 corrosion during the inspection of
its first airplane, it would then accomplish the requirements of
paragraph (d) of the AD. Paragraph (d) would require that operator to
propose to the FAA a schedule for timely inspection of the rest of its
fleet of affected airplanes, or, to provide data to the FAA
substantiating that such a finding of Level 3 corrosion is an isolated
occurrence. For FAA approval, the proposed inspection schedule would
need to be in concert with the severity of the corrosion finding. The
FAA considers this method of preventing and controlling corrosion to be
appropriate and adequate to maintain continued operational safety for
these airplanes; therefore, no change to the final rule is necessary.
Request To Inspect Airplanes Prior to Repairs
Two commenters request that the proposed AD be revised to require
inspection of each airplane immediately preceding any repairs. The
commenters state that such a requirement would ensure that the repairs
are within the standards, and so that the airplane may regain its
airworthy status. The FAA infers that the commenter may be requesting
that inspections be accomplished immediately following any repairs.
However, the FAA does not concur with such a request. Following any
repairs, existing Federal Aviation Regulations already require
assurance that the repairs are adequate and that the airplane is in an
airworthy condition. Therefore, requiring additional inspection of the
repaired area is not necessary.
Request To Retire Older Airplanes
Two commenters express concern about aging airplanes of all models,
and suggest that, if airplanes are no longer up to standards, they
should not be allowed to operate any longer. The commenters further
state that time is being spent to fix something which is constantly
being updated. With the advent of new technology, the commenters
believe that better, newer airplanes would be available as a substitute
for older airplanes which no longer meet the standards. The FAA
acknowledges the concern of the commenters. However, the purpose of
this AD is to address the identified unsafe condition, and the FAA has
determined that the proposed requirements are adequate for that
purpose. Therefore, prohibiting operation of affected airplanes is not
necessary to address the unsafe condition. No change to the final rule
is necessary.
Conclusion
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 as proposed.
Cost Impact
The FAA estimates that 41 airplanes of U.S. registry will be
affected by this AD. It will take an average of approximately 7 work
hours per inspection to accomplish the inspections of the 59 airplane
areas called out in CASA Document CPCP C-212-PV01, ``C-212 Corrosion
Prevention and Control Program Document,'' dated March 31, 1995; this
represents a total average of 413 work hours. The average labor rate is
$60 per work hour. Based on these figures, the cost impact of the AD on
U.S. operators over a 4-year average inspection cycle is estimated to
be $1,015,980, or $24,780 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, most
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 required 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.
Regulatory Impact
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
[[Page 49277]]
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 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
98-18-21 CASA: Amendment 39-10737. Docket 96-NM-123-AD.
Applicability: All Model C-212 series airplanes, certificated in
any category.
Compliance: Required as indicated, unless accomplished
previously.
Note 1: This AD references CASA Document Number CPCP C-212-PV01,
``Corrosion Prevention and Control Program Document,'' dated March
31, 1995, for inspections, compliance times, and reporting
requirements. In addition, this AD specifies inspection and
reporting requirements beyond those included in the Document. Where
there are differences between the AD and the Document, the AD
prevails.
Note 2: As used throughout this AD, the term ``the FAA'' is
defined differently for different operators, as follows:
--For those operators complying with paragraph (a), OPTION 1, of
this AD, the FAA is defined as ``the Manager of the International
Branch, ANM-116, FAA, Transport Airplane Directorate.''
--For those operators operating under Federal Aviation Regulations
(FAR) part 121 or 129 (14 CFR part 121 or part 129), and complying
with paragraph (b), OPTION 2, of this AD, the FAA is defined as
``the cognizant Principal Maintenance Inspector (PMI).''
--For those operators operating under FAR part 91 or 125 (14 CFR
part 91 or part 125), and complying with paragraph (b), OPTION 2, of
this AD, the FAA is defined as ``the cognizant Maintenance Inspector
at the appropriate FAA Flight Standards office.''
To prevent degradation of the structural capabilities of the
airplane due to the problems associated with corrosion damage,
accomplish the following:
(a) OPTION 1. Except as provided in paragraph (b) of this AD:
Complete each of the corrosion inspections specified in section 5.3
of CASA Document Number CPCP C-212-PV01, ``Corrosion Prevention and
Control Program Document,'' dated March 31, 1995 (hereafter,
referred to as ``the Document), in accordance with the procedures
defined in the Document and the schedule specified in paragraphs
(a)(1) and (a)(2) of this AD.
Note 3: A ``corrosion inspection'' as defined in Section 5.1. of
the Document includes, among other things, gaining access for
inspection, performing the actual inspection for corrosion, removing
corrosion, clearing blocked drains, applying corrosion inhibitors
and/or water displacement fluid, and other follow-on actions.
Note 4: Corrosion inspections completed in accordance with the
Document before the effective date of this AD may be credited for
compliance with the initial corrosion inspection requirements of
paragraph (a)(1) of this AD.
Note 5: Where non-destructive inspection (NDI) methods are
employed when performing a Special Detailed Inspection (DET), in
accordance with Section 5.3 of the Document, the standards and
procedures used must be acceptable to the FAA Administrator in
accordance with FAR section 43.13 (14 CFR 43.13).
(1) Complete the initial corrosion inspection of each area of
each airplane zone specified in Section 5.3 of the Document as
follows:
(i) For airplane areas that have not yet reached the
``Implementation Age'' (IA) as of one year after the effective date
of this AD, initial compliance must occur no later than the IA plus
the (repeat) ``Interval.''
(ii) For airplane areas that have exceeded the IA as of one year
after the effective date of this AD, initial compliance must occur
within the (repeat) Interval for the area, measured from a date one
year after the effective date of this AD.
(iii) For airplanes that are 15 years or older as of one year
after the effective date of this AD, initial compliance must occur
for all airplane areas within one (repeat) Interval, or within 4
years, measured from a date one year after the effective date of
this AD, whichever occurs first.
(iv) Notwithstanding paragraphs (a)(1)(i), (a)(1)(ii), and
(a)(1)(iii), in all cases, once the initial compliance period has
been established for each airplane area, accomplishment of the
initial corrosion inspections by each operator must occur at a
minimum rate equivalent to one airplane per year.
Note 6: This minimum rate requirement may cause a hardship on
some small operators. In those circumstances, requests for
adjustments to the implementation rate will be evaluated on a case-
by-case basis under the provision of paragraph (h) of this AD.
(2) Repeat each corrosion inspection at a time interval not to
exceed the (repeat) Interval specified in the Document for that
inspection.
(b) OPTION 2. As an alternative to the requirements of paragraph
(a) of this AD: Prior to one year after the effective date of this
AD, revise the FAA-approved maintenance/inspection program to
include the corrosion prevention and control program specified in
the Document; or to include an equivalent program that is approved
by the FAA. In all cases, the initial corrosion inspection of each
airplane area must be completed in accordance with the compliance
schedule specified in paragraph(a)(1) of this AD.
(1) Any operator complying with paragraph (b) of this AD may use
an alternative recordkeeping method to that otherwise required by
FAR 91.417 (14 CFR 91.417) or 12.380 (14 CFR 121.380) for the
actions required by this AD, provided it is approved by the FAA and
is included as a revision to the FAA-approved maintenance/inspection
program.
(2) Subsequent to the accomplishment of the initial corrosion
inspection, extensions of the (repeat) Intervals specified in the
Document must be approved by the FAA.
(c) To accommodate unanticipated scheduling requirements, it is
acceptable for a (repeat) Interval to be increased by up to 10%, but
not to exceed 3 months. The FAA must be informed, in writing, of any
such extension within 30 days after such adjustment of the schedule.
(d)(1) If, as a result of any corrosion inspection conducted in
accordance with paragraph (a) or (b) of this AD, Level 3 corrosion
is determined to exist in any airplane area, accomplish either
paragraph (d)(1)(i) or (d)(1)(ii) of this AD within 7 days after
such determination:
(i) Submit a report of that determination to the FAA and
complete the corrosion inspection in the affected airplane area(s)
on all Model C-212 series airplanes in the operator's fleet; or
(ii) Submit to the FAA for approval one of the following:
(A) A proposed schedule for performing the corrosion
inspection(s) in the affected airplane area(s) on the remaining
Model C-212 series airplanes in the operator's fleet, which is
adequate to ensure that any other Level 3 corrosion is detected in a
timely manner, along with substantiating data for that schedule; or
(B) Data substantiating that the Level 3 corrosion found is an
isolated occurrence.
Note 7: Notwithstanding the provisions of Section 2 of the
Document, which would permit corrosion that otherwise meets the
definition of Level 3 corrosion (i.e., which is determined to be a
potentially urgent airworthiness concern requiring expeditious
[[Page 49278]]
action) to be treated as Level 1 if the operator finds that it ``can
be attributed to an event not typical of the operator's usage of
airplanes in the same fleet,'' this paragraph requires that data
substantiating any such finding be submitted to the FAA (ref. Note 2
of this AD) for approval.
(2) The FAA may impose schedules other than those proposed, upon
finding that such changes are necessary to ensure that any other
Level 3 corrosion is detected in a timely manner.
(3) Within the time schedule approved under paragraph (d)(1) or
(d)(2) of this AD, accomplish the corrosion inspections in the
affected airplane areas of the remaining Model C-212 series
airplanes in the operator's fleet.
(e) If, as a result of any inspection after the initial
corrosion inspection conducted in accordance with paragraph (a) or
(b) of this AD, it is determined that corrosion findings exceed
Level 1 in any area, within 30 days after such determination,
implement a means, approved by the FAA, to reduce future findings of
corrosion in that area to Level 1 or better.
(f) Before any operator places into service any newly acquired
airplane that is subject to the requirements of this AD, a schedule
for the accomplishment of the corrosion inspections required by this
AD must be established in accordance with either paragraph (f)(1) or
(f)(2) of the AD, as applicable:
(1) For airplanes previously maintained in accordance with this
AD, the first corrosion inspection in each airplane area to be
performed by the operator must be accomplished in accordance with
either the previous operator's schedule or the new operator's
schedule, whichever would result in the earlier accomplishment date
for that inspection. After each corrosion inspection has been
performed once, each subsequent inspection must be performed in
accordance with the new operator's schedule.
(2) For airplanes that have not been previously maintained in
accordance with this AD, the first corrosion inspection for each
airplane area to be performed by the new operator must be
accomplished prior to further flight, or in accordance with a
schedule approved by the FAA.
(g) Within 7 days after the date of detection of any Level 3
corrosion, and within 3 months after the date of detection of any
Level 2 corrosion, submit a report to CASA of such findings, in
accordance with Section 7 of the Document.
(h) 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 8: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the International Branch, ANM-116.
(i) 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.
(j) The inspections and submission of report shall be done in
accordance with CASA Document Number CPCP C-212-PV01, ``Corrosion
Prevention and Control Program Document,'' dated March 31, 1995,
which includes the following list of effective pages:
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Page No. Date shown on page
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List of Effective Page LEP.1........... March 31, 1995
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Note: The document number is indicated only on the Title page;
no other page contains this information. 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.
Note 9: The subject of this AD is addressed in Spanish
airworthiness directive 01/96, dated April 30, 1996.
(k) This amendment becomes effective on October 20, 1998.
Issued in Renton, Washington, on August 28, 1998.
Vi L. Lipski,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-24250 Filed 9-14-98; 8:45 am]
BILLING CODE 4910-13-U
