[Federal Register Volume 63, Number 165 (Wednesday, August 26, 1998)]
[Proposed Rules]
[Pages 45419-45421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22814]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-185-AD]
RIN 2120-AA64


Airworthiness Directives; Construcciones Aeronauticas, S.A. 
(CASA) Model C-212 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to all CASA Model C-212 series 
airplanes, that currently requires replacement of the cover of the 
power control quadrant pedestal with a cover that incorporates slot 
protection. This action would require repetitive inspections for 
deterioration or damage of the slot protection installed in the cover 
of the power control quadrant pedestal. This action also would require 
eventual modification of the cover, which would constitute terminating 
action for the repetitive inspections. 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 deterioration of the slot protection installed 
in the cover of the power control quadrant pedestal, which could allow 
foreign objects to jam or interfere with the power or trim control 
system and result in reduced controllability of the airplane.

DATES: Comments must be received by September 25, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-185-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-185-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-185-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On June 23, 1988, the FAA issued AD 87-05-05 R2, amendment 39-5968 
(53 FR 26039, July 11, 1988), applicable to all CASA Model C-212 series 
airplanes, to require replacement of the cover of the power control 
quadrant pedestal with a cover that incorporates slot protection. That 
action was prompted by reports that additional protection was needed to 
prevent foreign objects from dropping into the power control quadrant 
pedestal, which could jam or interfere with the power or trim control 
system. The requirements of that AD are intended to prevent reduced 
controllability of the airplane.

[[Page 45420]]

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, the slot protection that was 
installed in the cover of the power control quadrant pedestal in 
accordance with AD 87-05-05 R2 has been found to have deteriorated on 
certain in-service airplanes. Such deterioration can result in foreign 
objects dropping into the power control quadrant pedestal, and jamming 
or interfering with the power or trim control system.

Explanation of Relevant Service Information

    The manufacturer has issued CASA C-212 Service Bulletin SB-212-76-
08, dated April 12, 1993, which describes procedures for modification 
of the cover of the power control quadrant pedestal by replacing the 
existing slot protection with new, improved slot protection. 
Accomplishment of the actions specified in the service bulletin is 
intended to adequately address the identified unsafe condition. The 
Direccion General de Aviacion (DGAC), which is the airworthiness 
authority for Spain, classified this service bulletin as mandatory and 
issued Spanish airworthiness directive 04/96, dated May 13, 1996, in 
order to assure the continued airworthiness of these airplanes in 
Spain. The Spanish airworthiness directive also requires repetitive 
visual inspections to determine the condition of the slot protection.

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 supersede AD 87-05-05 R2 to 
require repetitive visual inspections for deterioration or damage 
(e.g., deformation or cuts) of the slot protection installed in the 
cover of the power control quadrant pedestal. This action also would 
require eventual modification of the cover by replacing the existing 
slot protection with new, improved slot protection, which would 
constitute terminating action for the repetitive inspections. The 
modification would be required to be accomplished in accordance with 
the service bulletin described previously.

Differences Between Proposed Rule and Foreign AD

    The proposed AD would differ from the parallel Spanish 
airworthiness directive in that it would mandate accomplishment of the 
terminating action for the repetitive inspections. The Spanish 
airworthiness directive requires accomplishment of that action only if 
deterioration is found.
    Mandating the terminating action is based on the FAA's 
determination that long-term continued operational safety will be 
better assured by modifications or design changes to remove the source 
of the problem, rather than by repetitive inspections. Long-term 
inspections may not be providing the degree of safety assurance 
necessary for the transport airplane fleet. This, coupled with a better 
understanding of the human factors associated with numerous continual 
inspections, has led the FAA to consider placing less emphasis on 
inspections and more emphasis on design improvements. The proposed 
modification requirement is in consonance with these conditions.

Cost Impact

    There are approximately 38 airplanes of U.S. registry that would be 
affected by this proposed AD.
    The inspection that is proposed in this AD action would take 
approximately 1 work hour per airplane to accomplish, 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 $2,280, or $60 per airplane, per inspection cycle.
    The modification that is proposed in this AD action would take 
approximately 3 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Required parts would cost 
approximately $1,200 per airplane. Based on these figures, the cost 
impact of the modification proposed by this AD on U.S. operators is 
estimated to be $52,440, or $1,380 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or 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 removing amendment 39-5968 (53 FR 
26039, July 11, 1988), and by adding a new airworthiness directive 
(AD), to read as follows:

Construcciones Aeronauticas, S.A. (CASA): Docket 98-NM-185-AD. 
Supersedes AD 87-05-05 R2, amendment 39-5968.

    Applicability: Model C-212 series airplanes, as listed in CASA 
C-212 Service Bulletin 212-76-08, dated April 12, 1993; certificated 
in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been

[[Page 45421]]

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 (c) 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 deterioration of the slot protection installed in the 
cover of the power control quadrant pedestal, which could allow 
foreign objects to jam or interfere with the power or trim control 
system and result in reduced controllability of the airplane, 
accomplish the following:
    (a) Within 300 hours time-in-service or 3 months after the 
effective date of this AD, whichever occurs first, perform a visual 
inspection for deterioration or damage of the slot protection 
installed in the cover of the power control quadrant pedestal.
    (1) If no deterioration or damage is detected, repeat the 
inspection thereafter at intervals not to exceed 300 hours time-in-
service or 3 months, whichever occurs first.
    (2) If any deterioration or damage is detected, or if no slot 
protection is installed, prior to further flight, accomplish the 
modification required by paragraph (b) of this AD.
    (b) Within 12 months after the effective date of this AD, modify 
the cover of the power control quadrant pedestal by installing new, 
improved slot protection, in accordance with CASA C-212 Service 
Bulletin SB-212-76-08, dated April 12, 1993. Such modification 
constitutes terminating action for the inspection requirements of 
paragraph (a) of this AD.
    (c)(1) 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.
    (c)(2) Alternative methods of compliance, approved previously in 
accordance with AD 87-05-05 R2, amendment 39-5968, are not 
considered to be approved as alternative methods of compliance with 
this AD.

    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.

    (d) 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 04/96, dated May 13, 1996.

    Issued in Renton, Washington, on August 19, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-22814 Filed 8-25-98; 8:45 am]
BILLING CODE 4910-13-P