[Federal Register Volume 69, Number 25 (Friday, February 6, 2004)]
[Proposed Rules]
[Pages 5780-5781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2476]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-160-AD]
RIN 2120-AA64


Airworthiness Directives; Construcciones Aeronauticas, S.A. 
(CASA), Model C-235 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 certain CASA Model C-235 series 
airplanes. This proposal would require modification of the electrical 
wiring of the rudder trim control unit. This action is necessary to 
prevent the flight crew from being able to inhibit the aural warning 
for the landing gear up. If the flight crew of the next flight or 
possibly of the same flight is unaware that the aural warning had been 
disabled, they could inadvertently land the airplane with the landing 
gear not down and locked. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by March 8, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-160-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
<a href="/cdn-cgi/l/email-protection#566f7b37383b7b3826243b35393b3b3338221630373778313920"><span class="__cf_email__" data-cfemail="5960743837347437292b343a3634343c372d193f3838773e362f">[email protected]</span></a>. Comments sent via fax or the Internet must 
contain ``Docket No. 2002-NM-160-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 or 2000 or 
ASCII text.
    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: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; 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 action may be changed in 
light of the comments received.
    Submit comments using the following format:
    <bullet<ls-thn-eq> Organize comments issue-by-issue. For example, 
discuss a request to change the compliance time and a request to change 
the service bulletin reference as two separate issues.
    <bullet<ls-thn-eq> For each issue, state what specific change to 
the proposed AD is being requested.
    <bullet<ls-thn-eq> Include justification (e.g., reasons or data) 
for each request.
    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 action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-160-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. 2002-NM-160-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Direcci[oacute]n General de Aviaci[oacute]n Civil (DGAC), which 
is the airworthiness authority for Spain, notified the FAA that an 
unsafe condition may exist on Construcciones Aeronauticas, S.A. (CASA), 
Model C-235 series airplanes. The DGAC advises that an operator did not 
have an aural warning that the landing gear was in the ``up'' position 
when the airplane was in a landing configuration (wing flaps extended) 
as required by paragraph (e)(4) of Section 25.729 (``Retracting 
Mechanism'') of the Federal Aviation Regulations (FAR) (14 CFR 25.729). 
Investigation revealed that the operator had inhibited the aural 
warning during the previous approach for landing. If the flight crew is 
able to inhibit the aural warning for the landing gear up, the flight 
crew of the next flight or possibly of the same flight could be unaware 
that the aural warning had been disabled and could inadvertently land 
the airplane with the landing gear not down and locked.

Explanation of Relevant Service Information

    CASA has issued Service Bulletin SB-235-27-20, dated March 7, 2001, 
which describes procedures for modification of the electrical wiring of 
the rudder trim control unit. Accomplishment of the actions specified 
in the service bulletin is intended to adequately address the 
identified unsafe condition. The DGAC classified this service bulletin 
as mandatory and issued Spanish airworthiness directive 02/02, dated 
April 30, 2002, to ensure the continued airworthiness of these 
airplanes in Spain.

FAA's Conclusions

    This airplane model is manufactured in Spain and is type 
certificated for operation in the United States under the

[[Page 5781]]

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 require accomplishment of 
the actions specified in the service bulletin described previously.

Cost Impact

    The FAA estimates that 1 airplane of U.S. registry would be 
affected by this proposed AD, that it would take approximately 7 work 
hours per airplane to accomplish the proposed actions, and that the 
average labor rate is $65 per work hour. Required parts would cost 
approximately $40 per airplane. Based on these figures, the cost impact 
of the proposed AD on U.S. operators is estimated to be $495 per 
airplane.
    The 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 cost impact figures 
discussed in AD rulemaking actions represent only the time necessary to 
perform the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations proposed herein would 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    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 adding the following new 
airworthiness directive:

Construcciones Aeronauticas, S.A. (CASA): Docket 2002-NM-160-AD.

    Applicability: Model C-235 series airplanes, serial numbers C-
006, C-007, C-010, C-012, C-018, C-029, C-030, C-032, C-033, and C-
042; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent the flight crew from being able to inhibit the aural 
warning for the landing gear up, and the possibility that the flight 
crew of the next flight or possibly of the same flight could 
inadvertently land the airplane with the landing gear not down and 
locked; accomplish the following:

Modification

    (a) Within 6 months after the effective date of this AD, modify 
the electrical wiring of the rudder trim control unit per the 
Accomplishment Instructions of CASA Service Bulletin SB-235-27-20, 
dated March 7, 2001.

Alternative Methods of Compliance

    (b) In accordance with 14 CFR 39.19, the Manager, International 
Branch, FAA, Transport Airplane Directorate, is authorized to 
approve alternative methods of compliance for this AD.


    Note 1:
    The subject of this AD is addressed in Spanish airworthiness 
directive 02/02, dated April 30, 2002.


    Issued in Renton, Washington, on January 29, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-2476 Filed 2-5-04; 8:45 am]
BILLING CODE 4910-13-P


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