21772 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Proposed Rules

§ 870.1009 Responsibilities of the U.S.

Department of State.

(a) The U.S. Department of State

functions as the ‘‘employing office’’ for

individuals insured under this subpart.

(b) The U.S. Department of State must

determine the eligibility of individuals

under Pub. L. 101–513 for insurance

under this subpart. This includes

determining whether an individual is

barred from insurance under chapter 87

of title 5 U.S.C. because of other life

insurance, as provided in section 599C

of Pub. L. 101–513.

PART 871—[REMOVED]

2. Part 871 is removed.

PART 872—[REMOVED]

3. Part 872 is removed.

PART 873—[REMOVED]

4. Part 873 is removed.

PART 874—[REMOVED]

5. Part 874 is removed.

[FR Doc. 95–10778 Filed 5–2–95; 8:45 am]

BILLING CODE 6325–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 92–NM–75–AD]

Airworthiness Directives;

Construcciones Aeronauticas, S.A.

(CASA), Model C–212–CB, –CC, –CD,

–CE, –CF, and –DF 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 C–212–CB, –CC, –CD,

–CE, –CF, and –DF series airplanes. This

proposal would require supplemental

structural inspections, and repair or

replacement, as necessary, to ensure the

continued airworthiness of these

airplanes. This proposal is prompted by

a structural reevaluation, which

identified certain significant structural

components to inspect for fatigue cracks

as these airplanes approach and exceed

the manufacturer’s original fatigue

design life goal. The actions specified by

the proposed AD are intended to

prevent reduced structural integrity of

these airplanes.

DATES: Comments must be received by

June 12, 1995.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 92–NM–

75–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: Sam

Grober, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–1187; fax (206) 227–1320.

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 92–NM–75–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–103, Attention: Rules Docket No.

92–NM–75–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

In June 1988, the FAA sponsored a

conference on aging airplane issues,

which was attended by representatives

of the aviation industry from around the

world. It became obvious that, because

of the tremendous increase in air travel,

the relatively slow pace of new airplane

production, and the apparent economic

feasibility of operating older technology

airplanes rather than retiring them,

increased attention needed to be

focused on this aging fleet and

maintaining its continued operational

safety.

The FAA, in concert with the

Regional Airline Association (RAA);

several U.S. and non-U.S. operators of

the affected airplanes; the Direccio ́n

General de Aviacio ́n Civil (DGAC),

which is the airworthiness authority for

Spain; and Construcciones

Aeronauticas, S.A. (CASA); has agreed

to undertake the task of identifying and

implementing procedures to ensure

continuing structural airworthiness of

aging commuter-class airplanes. This

group reviewed selected service

bulletins, applicable to CASA Model C–

212–CB, –CC, –CD, –CE, –CF, and –DF

series airplanes, to be recommended for

mandatory rulemaking action to ensure

the continued operational safety of these

airplanes.

The group reviewed and

recommended CASA Supplemental

Inspection Document (SID) C–212–PV–

01–SID, dated June 1, 1987 (hereinafter

referred to as the ‘‘Document’’), for

mandatory rulemaking action. The

Document describes procedures for

implementing a structural inspection

program, which includes inspections of

the following Principal Structural

Elements (PSE’s) on the airplane:

1. 6 PSE’s of the flap controls;

2. 24 PSE’s of the fuselage structure,

attach lugs and bolts, frame, and

attachments;

3. 14 PSE’s of the horizontal and

vertical tails;

4. 14 PSE’s of the wings; and

5. 8 PSE’s of the engine support

structure, firewall attach fittings, attach

fittings to the wing, and attach bolts.

The Document also provides

information addressing retirement lives,

stress analysis, and fatigue inspections.

The intent of this Document is to

positively address fatigue cracking of
Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Proposed Rules 21773

the significant structural components

described previously as these airplanes

approach and exceed the manufacturer’s

original fatigue design life goal. Fatigue

cracking of these components, if not

detected and corrected in a timely

manner, could result in reduced

structural integrity of the airplane.

The DGAC classified the Document as

mandatory and issued Spanish

airworthiness directive 02–88, Revision

1, dated May 17, 1993, in order to assure

the continued airworthiness of these

airplanes in Spain.

Additionally, results of fatigue tests

accomplished by CASA at the time of

type certification of these airplanes have

revealed that, for Model C–212–CB

series airplanes, certain horizontal

stabilizer-to-fuselage attach fittings must

be replaced prior to incorporation of the

SID program.

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.

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

supplemental structural inspections,

and repair or replacement, as necessary.

The actions would be required to be

accomplished in accordance with the

Document described previously. This

proposed AD also would require that

results of these inspections, positive or

negative, be reported to CASA.

This proposed AD also would require

replacement of certain horizontal

stabilizer to fuselage attach fittings on

Model C–212–CB series airplanes. The

replacement would be required to be

accomplished in accordance with

procedures specified in the CASA C–

212 Aircraft Maintenance Manual.

As a result of recent communications

with the Air Transport Association

(ATA) of America, the FAA has learned

that, in general, some operators may

misunderstand the legal effect of AD’s

on airplanes that are identified in the

applicability provision of the AD, but

that have been altered or repaired in the

area addressed by the AD. The FAA

points out that all airplanes identified in

the applicability provision of an AD are

legally subject to the AD. If an airplane

has been altered or repaired in the

affected area in such a way as to affect

compliance with the AD, the owner or

operator is required to obtain FAA

approval for an alternative method of

compliance with the AD, in accordance

with the paragraph of each AD that

provides for such approvals. A note has

been included in this notice to clarify

this long-standing requirement.

The FAA estimates that 33 airplanes

of U.S. registry and 16 U.S. operators

would be affected by this proposed AD.

The FAA estimates that 2 Model C–

212–CB series airplanes of U.S. registry

would be required to replace certain

horizontal stabilizer to fuselage attach

fittings. The proposed replacement

would take approximately 250 work

hours at an average labor rate of $60 per

work hour. Required parts would cost

approximately $18,941 per airplane.

Based on these figures, the total cost of

this proposed replacement to the 2 U.S.

operators of Model C–212–CB series

airplanes is estimated to be $67,882, or

$33,941 per airplane.

Incorporation of the SID into an

operator’s maintenance program is

estimated to necessitate 60 work hours

at an average labor rate of $60 per work

hour. Sixteen U.S. operators would be

required to incorporate the SID into

their maintenance programs. Based on

these figures, the total cost to these 16

U.S. operators is estimated to be

$57,600, or $3,600 per operator.

The recurring inspections cost is

estimated to be 310 work hours per

airplane at an average labor rate of $60

per work hour. Based on these figures,

the recurring cost for these proposed

requirements is estimated to be

$613,800 for the affected U.S. fleet, or

$18,600 per airplane.

The total 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 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, 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 proposed

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 costbeneficial. When the FAA, as in this

proposed 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

proposed 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 proposed

AD would be redundant and

unnecessary.

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
21774 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Proposed Rules

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. App. 1354(a), 1421

and 1423; 49 U.S.C. 106(g); and 14 CFR

11.89.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

Construcciones Aeronauticas, S.A. (CASA):

Docket 92–NM–75–AD.

Applicability: All Model C–212–CB, –CC,

–CD, –CE, –CF, and –DF 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 use the authority

provided in paragraph (e) to request approval

from the FAA. This approval may address

either no action, if the current configuration

eliminates the unsafe condition; or different

actions necessary to address the unsafe

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the

unsafe condition addressed by this AD. In no

case does the presence of any modification,

alteration, or repair remove any airplane from

the applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously. To prevent

reduced structural integrity of the airplane,

accomplish the following:

(a) For Model C–212–CB series airplanes:

Prior to the accumulation of 16,500 total

hours time-in-service, or within 6 months

after the effective date of this AD, whichever

occurs later, replace the horizontal stabilizer

to fuselage attach fittings, part numbers 212–

31101.05 and 212–31102.05, with part

numbers 212–31122.03 and 212–31123.05,

respectively, in accordance with the CASA

C–212 Aircraft Maintenance Manual, Chapter

5, Section 5–20, task number 55.15.

Note 2: Replacement of the attach fittings

on Model C–212–CB series airplanes may be

accomplished by replacing part numbers

212–31101.05 and 212–31102.05 with part

numbers 212–31123.30 and 212–31122.29,

respectively.

(b) For all airplanes: Incorporate a revision

into the FAA-approved maintenance

inspection program that provides for

inspection of the Principal Structural

Elements (PSE) defined in CASA

Supplemental Inspection Document (SID) C–

212–PV–01–SID, dated June 1, 1987

(hereinafter referred to as the ‘‘Document’’),

at the later of the times specified in

paragraphs (b)(1) and (b)(2) of this AD.

(1) Prior to the accumulation of 20,000

total landings or 20,000 total hours time-inservice, whichever occurs first. Or

(2) Within 9 months after the effective date

of this AD.

(c) Any cracked structure detected during

the inspections required by paragraph (b) of

this AD must be repaired or replaced, prior

to further flight, in accordance with the

instructions in the Document, or in

accordance with other data meeting the

certification basis of the airplane that is

approved by the FAA or by the Direccio ́n

General de Aviacio ́n Civil (DGAC).

(d) Within 10 days after accomplishing

each inspection required by paragraph (b) of

this AD, report the results (positive or

negative) of each inspection required by

paragraph (b) of this AD to CASA in

accordance with the Document. Information

collection requirements contained in this

regulation have been approved by the Office

of Management and Budget (OMB) under the

provisions of the Paperwork Reduction Act of

1980 (44 U.S.C. 3501 et seq.) and have been

assigned OMB Control Number 2120–0056.

(e) 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,

Standardization Branch, ANM–113, 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, Standardization

Branch, ANM–113.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(f) 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.

Issued in Renton, Washington, on April 27,

1995.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–10828 Filed 5–2–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 95–NM–35–AD]

Airworthiness Directives; Boeing

Model 727–100 and –200 Series

Airplanes Equipped With an Engine

Nose Cowl Installed in Accordance

With Supplemental Type Certificate

(STC) SA4363NM

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

certain Boeing Model 727–100 and –200

series airplanes. This proposal would

require replacing the attachin–nutplates

on certain engine nose cowls with

washers and self-locking nuts. This

proposal is prompted by reports

indicating that nose cowls separated (or

nearly separated) from the engines of

certain airplanes following failure of the

engine fan blade and subsequent

vibration of the engine, which caused

loosening of the attach bolts on the nose

cowl of the engine. The actions

specified by the proposed AD are

intended to prevent the attach bolts

from becoming loose, which could

result in subsequent separation of the

nose cowl from the engine.

DATES: Comments must be received by

June 12, 1995.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 95–NM–

35–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.

The service information referenced in

the proposed rule may be obtained from

VALSAN Partnership Ltd., Aviation

Products Management, Product Support

Office, 39450 Third Street East, suite

121, Palmdale, California 93550. This

information may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington.

FOR FURTHER INFORMATION CONTACT: Phil

Forde, Aerospace Engineer, Airframe

Branch, ANM–120S, FAA, Transport

Airplane Directorate, Seattle Aircraft

Certification Office, 1601 Lind Avenue

SW., Renton, Washington 98055–4056;

telephone (206) 227–2771; fax (206)

227–1181.

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.