31142 Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–160–AD]

RIN 2120–AA64

Airworthiness Directives;

Construcciones Aeronauticas, S.A.

(CASA) Model CN–235 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to all

CASA Model CN–235 series airplanes.

This proposal would require repetitive

high frequency eddy current (HFEC)

inspections of the flap transmission

shafts to detect cracking, and repetitive

functional tests (checks) to verify proper

operation of the flap braking subsystem; and corrective actions, if

necessary. 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 detect and correct

cracking in the flap transmission shafts,

and to correct a malfunctioning flap

braking sub-system, which could result

in the inability to move the flaps, or in

an asymmetric flap condition, and

consequent reduced controllability of

the airplane.

DATES: Comments must be received by

July 8, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 98–NM–

160–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–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.

98–NM–160–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Direccio ́n General de Aviacio ́n

(DGAC), which is the airworthiness

authority for Spain, notified the FAA

that an unsafe condition may exist on

all CASA Model CN–235 series

airplanes. The DGAC advises that, on

three Model CN–235 series airplanes

that had accumulated a high number of

landings, cracks were detected around

the heads of the rivets on the ends of the

flap transmission shafts. These cracks

start at the rivet hole and grow radially.

The cracks are attributed to fatigue,

which could have resulted from a

malfunctioning flap braking sub-system,

and consequent high loads on the

transmission shafts. Such cracking, if

not corrected, could result in the

inability to move the flaps, or in an

asymmetric flap condition, and

consequent reduced controllability of

the airplane.

Explanation of Relevant Service

Information

The manufacturer has issued CASA

Maintenance Instructions COM 235–

113, Revision 02, dated June 16, 1997,

including Annex I, dated June 16, 1997,

and Annex II, dated July 1, 1997. The

maintenance instructions describe

procedures for repetitive high frequency

eddy current (HFEC) inspections of the

flap transmission shafts to detect

cracking; replacement of any cracked

shaft with a new or serviceable shaft;

repetitive functional tests (checks) of the

flap braking sub-system to verify proper

operation; and replacement of any

discrepant brake with a new or

serviceable brake. Accomplishment of

the actions specified in the maintenance

instructions is intended to adequately

address the identified unsafe condition.

The DGAC classified these maintenance

instructions as mandatory and issued

Spanish airworthiness directive 11/96,

Revision 1, dated June 19, 1997, in order

to assure 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

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 actions specified in

the maintenance instructions described

previously, except as discussed below.

Differences Between the Proposed Rule

and the Related Service Information

This proposed AD would require

compliance in terms of landings

accumulated on the airplane, whereas

the Spanish airworthiness directive

requires compliance based on the

number of landings accumulated on
Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 / Proposed Rules 31143

individual flap transmission shafts. The

FAA does not consider it practicable for

U.S. operators to accomplish an

inspection program that necessitates

tracking the landings accumulated on

individual flap transmission shaft

components due to the difficulty of such

tracking.

Operators should further note that,

unlike the procedures described in the

maintenance instructions, this proposed

AD would not permit further flight if

cracks are detected in the flap

transmission shaft. The FAA has

determined that, because of the safety

implications and consequences

associated with such cracking, any

subject flap transmission shaft that is

found to be cracked must be repaired or

modified prior to further flight.

Cost Impact

The FAA estimates that 2 airplanes of

U.S. registry would be affected by this

proposed AD, and that it would take

approximately 30 work hours per

airplane to accomplish the proposed

inspection and functional test, at an

average labor rate of $60 per work hour.

Based on these figures, the cost impact

proposed by this AD on U.S. operators

is estimated to be $3,600, or $1,800 per

airplane, per cycle.

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.

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.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

Construcciones Aeronauticas, S.A. (CASA):

Docket 98–NM–160–AD.

Applicability: All CASA Model CN–235

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 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 detect and correct cracking in the flap

transmission shafts, and to correct a

malfunctioning flap braking sub-system,

which could result in the inability to move

the flaps, or in an asymmetric flap condition,

and consequent reduced controllability of the

airplane; accomplish the following:

(a) Prior to the accumulation of 6,000 total

landings, or within 30 days after the effective

date of this AD, whichever occurs later,

perform a high frequency eddy current

(HFEC) inspection of the flap transmission

shafts to detect cracking, in accordance with

Annex I, dated June 16, 1997, of CASA

Maintenance Instructions COM 235–113,

Revision 02, dated June 16, 1997.

(1) If no cracking is detected, repeat the

HFEC inspection thereafter at intervals not to

exceed 2,000 landings.

(2) If any cracking is detected, prior to

further flight, replace the cracked shaft with

a new or serviceable shaft, in accordance

with the maintenance instructions; and

repeat the HFEC inspection thereafter at

intervals not to exceed 2,000 landings.

(b) Prior to the accumulation of 6,000 total

landings, or within 30 days after the effective

date of this AD, whichever occurs later,

perform a functional test (check) to verify

proper operation of the flap braking subsystem, in accordance with Annex II, dated

July 1, 1997, of CASA Maintenance

Instructions COM 235–113, Revision 02,

dated June 16, 1997.

(1) If no malfunction is detected, repeat the

functional test thereafter at intervals not to

exceed 300 landings.

(2) If any malfunction is detected, prior to

further flight, replace any discrepant

component with a new or serviceable

component in accordance with the

maintenance instructions; and repeat the

functional test to verify proper operation of

the flap braking sub-system; thereafter, repeat

the functional test thereafter at intervals not

to exceed 300 landings.

(c) 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 request through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, International Branch,

ANM–116.

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 11/96,

Revision 1, dated June 19, 1997.

Issued in Renton, Washington, on June 2,

1998.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–15135 Filed 6–5–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 16 and 99

[Docket No. 98N–0222]

Dissemination of Information on

Unapproved/New Uses for Marketed

Drugs, Biologics, and Devices

AGENCY: Food and Drug Administration,

HHS.

ACTION: Proposed rule.