AD 2007-05-01

[Federal Register Volume 72, Number 38 (Tuesday, February 27, 2007)]
[Rules and Regulations]
[Pages 8610-8613]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E7-3164]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27335; Directorate Identifier 2006-NM-291-AD; 
Amendment 39-14962; AD 2007-05-01]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as follows:

    On 23 November 2006, Emergency Airworthiness Directive 2006-
0351-E was published requiring an inspection to be performed on C-
212 aeroplanes having been used for Maritime Patrol or other similar 
low altitude operations, due to the fact that, after initial 
examination of the evidences of a recent C-212 Maritime Patrol 
aircraft accident, cracks had been found in the centre wing lower 
skin at STA Y=1030. At the time of the accident, the aircraft had 
accumulated 17,000 flight hours and 7,300 flight cycles. The cracks 
were suspected to be caused by fatigue.
    After a more detailed examination in the laboratory, it has been 
determined that the initiation of the cracks was produced by 
fretting.
* * * * *

[[Page 8611]]

    The above mentioned cracks, if not timely detected, could lead 
to reduced structural integrity of the aircraft. * * *
* * * * *

    This AD requires actions that are intended to address the unsafe 
condition.

DATES: This AD becomes effective March 14, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 14, 
2007.
    We must receive comments on this AD by March 29, 2007.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> DOT Docket Web Site: Go to <a href="http://dms.dot.gov">http://dms.dot.gov</a> and follow 
the instructions for sending your comments electronically.
    <bullet> Fax: (202) 493-2251.
    <bullet> Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    <bullet> Federal Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 
Follow the instructions for submitting comments.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a>; or in person at the Docket Management Facility between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Office (telephone (800) 647-5227) is in the ADDRESSES section. Comments 
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace 
Engineer, International Branch, ANM-116, FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; 
telephone (425) 227-1112; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. This streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This AD references the MCAI and related service information that we 
considered in forming the engineering basis to correct the unsafe 
condition. The AD contains text copied from the MCAI and for this 
reason might not follow our plain language principles.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Emergency Airworthiness Directive 2006-0365-E, dated December 4, 2006 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    On 23 November 2006, Emergency Airworthiness Directive 2006-
0351-E was published requiring an inspection to be performed on C-
212 aeroplanes having been used for Maritime Patrol or other similar 
low altitude operations, due to the fact that, after initial 
examination of the evidences of a recent C-212 Maritime Patrol 
aircraft accident, cracks had been found in the centre wing lower 
skin at STA Y=1030. At the time of the accident, the aircraft had 
accumulated 17,000 flight hours and 7,300 flight cycles. The cracks 
were suspected to be caused by fatigue.
    After a more detailed examination in the laboratory, it has been 
determined that the initiation of the cracks was produced by 
fretting.
    The subject element is identified in Ref. 1 (C-212 Supplemental 
Inspection Document (SID) C-212-PV-02-SID) as a Principal Structural 
Element (PSE) with No. 57.212.06 and requested to be inspected at a 
threshold of 20,000 landings (subject to some operational 
constraints defined in Ref. 1) in accordance with the inspection 
method and sequence described in Ref. 2 (C-212 Supplemental 
Inspection Procedures (SIP) C-212-PV-02-SIP), Section 57-10-03.
    Ref. 1 document was made mandatory by DGAC-Spain Airworthiness 
directive Nr. 02/88 (current status of that AD is revision 3, dated 
4 February 2004).
    Inspection threshold as per AD 02/88 Rev. 3 remains valid and 
relevant inspections have to be performed in addition to the 
requirements of this Emergency Airworthiness Directive (EAD).
    The above mentioned cracks, if not timely detected, could lead 
to reduced structural integrity of the aircraft. This EAD, which 
supersedes EASA EAD 2006-0351-E, is intended to ensure that no other 
C-212 aircraft could be affected by this problem, by mandating a one 
time inspection of the subject area, in accordance with the 
requirements under the paragraph ``Compliance'' of this EAD (EASA 
EAD 2006-0365-E).
    Furthermore, it has been determined that a Non Destructive 
Inspection (NDI) performed in accordance with Ref. 2, Section 57-10-
03 could not be sufficient to detect cracks initiated by fretting. A 
complementary inspection procedure has been defined, and is also 
required under the paragraph ``Compliance'' of this EAD (EASA EAD 
2006-0365-E).

    The corrective action includes a one-time inspection for cracks, 
and repair if necessary. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    EADS-CASA has issued All Operator Letter 212-018, Revision 1, dated 
December 1, 2006. The actions described in this service information are 
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of this AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between the AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the AD.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because after 
a recent C-212 Maritime Patrol aircraft accident, fatigue

[[Page 8612]]

cracks were found in the center wing lower skin at STA Y=1030. This 
cracking could lead to reduced structural integrity of the airplane. 
Therefore, we determined that notice and opportunity for public comment 
before issuing this AD are impracticable and that good cause exists for 
making this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2007-27335; Directorate 
Identifier 2006-NM-291-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to <a href="http://dms.dot.gov">http://dms.dot.gov</a>, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact we 
receive about this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect 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.
    For the reasons discussed above, I certify this AD:
    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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2007-05-01 Construcciones Aeronauticas, S.A. (CASA): Amendment 39-
14962. Docket No. FAA-2007-27335; Directorate Identifier 2006-NM-
291-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 
14, 2007.

Affected ADs

    (b) AD 96-07-14, amendment 39-9564, is related to this AD.

Applicability

    (c) This AD applies to Construcciones Aeronauticas, S.A., (CASA) 
Model C-212 airplanes; all series, all serial numbers; certificated 
in any category.

Subject

    (d) Wings.

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
    On 23 November 2006, Emergency Airworthiness Directive 2006-
0351-E was published requiring an inspection to be performed on C-
212 aeroplanes having been used for Maritime Patrol or other similar 
low altitude operations, due to the fact that, after initial 
examination of the evidences of a recent C-212 Maritime Patrol 
aircraft accident, cracks had been found in the centre wing lower 
skin at STA Y=1030. At the time of the accident, the aircraft had 
accumulated 17,000 flight hours and 7,300 flight cycles. The cracks 
were suspected to be caused by fatigue.
    After a more detailed examination in the laboratory, it has been 
determined that the initiation of the cracks was produced by 
fretting.
    The subject element is identified in Ref. 1 (C-212 Supplemental 
Inspection Document (SID) C-212-PV-02-SID) as a Principal Structural 
Element (PSE) with No. 57.212.06 and requested to be inspected at a 
threshold of 20,000 landings (subject to some operational 
constraints defined in Ref. 1) in accordance with the inspection 
method and sequence described in Ref. 2 (C-212 Supplemental 
Inspection Procedures (SIP) C-212-PV-02-SIP), Section 57-10-03.
    Ref. 1 document was made mandatory by DGAC-Spain Airworthiness 
directive Nr. 02/88 (current status of that AD is revision 3, dated 
4 February 2004).
    Inspection threshold as per AD 02/88 Rev. 3 remains valid and 
relevant inspections have to be performed in addition to the 
requirements of this Emergency Airworthiness Directive (EAD).
    The above mentioned cracks, if not timely detected, could lead 
to reduced structural integrity of the aircraft. This EAD, which 
supersedes EASA EAD 2006-0351-E, is intended to ensure that no other 
C-212 aircraft could be affected by this problem, by mandating a 
one-time inspection of the subject area, in accordance with the 
requirements under the paragraph ``Compliance'' of this EAD (EASA 
EAD 2006-0365-E).
    Furthermore, it has been determined that a Non Destructive 
Inspection (NDI) performed in accordance with Ref. 2, Section 57-10-
03 could not be sufficient to detect cracks initiated by fretting. A 
complementary inspection procedure has been defined, and is also 
required under the paragraph ``Compliance'' of this EAD (EASA EAD 
2006-0365-E).
    The corrective action includes a one-time inspection for cracks, 
and repair if necessary.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For airplanes used for maritime operations and all other 
airplanes on which the operator cannot positively determine that the 
airplanes have not been flown more than ten percent of flights at 
altitudes below 3,000 feet as of the effective date of this AD: 
Perform a Non-Destructive Inspection (NDI) and a complementary NDI 
for cracks at the applicable time specified in paragraph (f)(1)(i), 
(f)(1)(ii), or (f)(1)(iii) of this AD. Do the inspections as defined 
in EADS-CASA All Operator Letter 212-018, Revision 1, dated December 
1, 2006.

    Note: For the purposes of this AD, the term ``maritime 
operations'' is defined as airplanes which are used for monitoring 
certain areas of water.

    (i) For airplanes having accumulated 5,600 flight hours or less, 
and 2,400 landings or

[[Page 8613]]

less, as of the effective date of this AD: Perform the inspections 
before the accumulation of 5,600 total flight hours or 2,400 total 
landings after the effective date of this AD, or within 6 months 
after the effective date of this AD, whichever occurs latest.
    (ii) For airplanes having accumulated more than 5,600 flight 
hours but less than or equal to 8,000 flight hours, or more than 
2,400 landings but less than or equal to 3,600 landings, as of the 
effective date of this AD: Perform the inspections before the 
accumulation of 200 flight hours or 100 landings after the effective 
date of this AD, whichever occurs first.
    (iii) For airplanes having accumulated more than 8,000 flight 
hours or more than 3,600 landings as of the effective date of this 
AD: Perform the inspections within 14 days after the effective date 
of this AD.
    (2) For airplanes other than those identified in paragraph 
(f)(1) of this AD: Perform the NDIs at the applicable time specified 
in paragraph (f)(2)(i), (f)(2)(ii), or (f)(2)(iii) of this AD. Do 
the inspections as defined in EADS-CASA All Operator Letter 212-018, 
Revision 1, dated December 1, 2006.
    (i) For airplanes having accumulated 10,000 flight hours or 
less, and 10,000 landings or less as of the effective date of this 
AD: Perform the inspections before the accumulation of 10,000 total 
flight hours or 10,000 total landings after the effective date of 
this AD, or within 6 months after the effective date of this AD, 
whichever occurs latest.
    (ii) For airplanes having accumulated more than 10,000 flight 
hours but less than or equal to 15,000 flight hours, or more than 
10,000 landings but less than or equal to 15,000 landings, as of the 
effective date of this AD: Perform the inspections before the 
accumulation of 200 flight hours or 100 landings after the effective 
date of this AD, whichever occurs first.
    (iii) For airplanes having accumulated more than 15,000 flight 
hours or more than 15,000 landings as of the effective date of this 
AD: Perform the inspections within 14 days after the effective date 
of this AD.
    (3) No further flight is allowed if any cracks are detected when 
performing the actions specified in paragraphs (f)(1) and (f)(2) of 
this AD. Before further flight, repair any cracking found during any 
inspection required by this AD using a method approved by either the 
Manager, International Branch, ANM-116, Transport Airplane 
Directorate, FAA; or the European Aviation Safety Agency (EASA) (or 
its delegated agent). Within 30 days after cracks are detected, or 
within 30 days after the effective date of this AD, whichever occurs 
later, send a detailed report of the findings (both positive and 
negative) of the inspections required by paragraph (f) of this AD to 
EADS-CASA for evaluation at the following address: EADS-CASA, 
Military Transport Aircraft Division, Integrated Customer Services, 
Technical Services, Avenida de Aragon 404, 28022-Madrid, Spain; 
telephone 34-91-624-6306; fax 34-91-585-5505. E-mail: MTA, 
<a href="/cdn-cgi/l/email-protection#11457472797f7872707d4274636778727451727062703f747075623f7f7465"><span class="__cf_email__" data-cfemail="db8fbeb8b3b5b2b8bab788bea9adb2b8be9bb8baa8baf5bebabfa8f5b5beaf">[email&#160;protected]</span></a>. In any case, a confirmation of the 
accomplishment of this inspection is required to be sent to EADS-
CASA.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows:
    (1) Compliance Time: For certain airplanes, the compliance time 
required by the MCAI or service information for performing the non-
destructive inspections is before further flight; however, to avoid 
inadvertently grounding airplanes, this AD requires performing those 
inspections within 14 days after the effective date of this AD.
    (2) Repair: Although the MCAI or service information does not 
include a repair procedure for cracking, this AD requires the repair 
of any cracking per the FAA, EASA, or its delegated agent.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, has the authority to approve AMOCs 
for this AD, if requested using the procedures found in 14 CFR 
39.19. Send information to ATTN: Shahram Daneshmandi, Aerospace 
Engineer; 1601 Lind Avenue, SW., Renton, WA 98057-3356; telephone 
(425) 227-1112; fax (425) 227-1149. Before using any AMOC approved 
in accordance with Sec.  39.19 on any airplane to which the AMOC 
applies, notify the appropriate principal inspector in the FAA 
Flight Standards Certificate Holding District Office. Before using 
any AMOC approved in accordance with Sec.  39.19 on any airplane to 
which the AMOC applies, notify the appropriate principal inspector 
in the FAA Flight Standards Certificate Holding District Office.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI EASA Emergency Airworthiness Directive 2006-
0365-E, dated December 4, 2006; and EADS-CASA All Operator Letter 
212-018, Revision 1, dated December 1, 2006, for related 
information.

Material Incorporated by Reference

    (i) You must use EADS-CASA All Operator Letter 212-018, Revision 
1, dated December 1, 2006, to do the actions required by this AD, 
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Construcciones Aeronauticas, S.A., Getafe, Madrid, Spain.
    (3) You may review copies at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; 
or at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call (202) 
741-6030, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington, on February 16, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-3164 Filed 2-26-07; 8:45 am]
BILLING CODE 4910-13-P