[Federal Register Volume 70, Number 183 (Thursday, September 22, 2005)]
[Proposed Rules]
[Pages 55602-55604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18906]



[[Page 55602]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22505; Directorate Identifier 2003-NM-283-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain CASA Model C-212-CC series airplanes. This proposed AD 
would restrict the operation of the airplane to carrying either 
passengers or cargo (but not both) in the same compartment, unless the 
airplane is modified to include an approved protective liner between 
the passengers and the cargo. This proposed AD is prompted by our 
determination that affected airplanes, when carrying both cargo and 
passengers in the same compartment, cannot achieve the required level 
of performance. We are proposing this AD to prevent a hazardous 
quantity of smoke, flames, and/or fire extinguishing agent from the 
cargo compartment from entering a compartment occupied by passengers or 
crew.

DATES: We must receive comments on this proposed AD by October 24, 
2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, 
Washington, DC 20590.
    <bullet> By fax: (202) 493-2251.
    <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.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street SW., room PL-401, 
on the plaza level of the Nassif Building, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Technical information: Della Swartz, 
Aerospace Engineer, ACE-115N, FAA, Anchorage Aircraft Certification 
Office, 222 West 7th Avenue, Unit 14, Room 128, Anchorage, Alaska 
99513; telephone (907) 271-2672; fax (907) 271-6365.
    Plain language information: Marcia Walters, <a href="/cdn-cgi/l/email-protection#81ece0f3e2e8e0aff6e0edf5e4f3f2c1e7e0e0afe6eef7"><span class="__cf_email__" data-cfemail="e78a8695848e86c990868b93829594a7818686c9808891">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-22505; 
Directorate Identifier 2003-NM-283-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.
    We are reviewing the writing style we currently use in regulatory 
documents. We are interested in your comments on whether the style of 
this document is clear, and your suggestions to improve the clarity of 
our communications that affect you. You can get more information about 
plain language at http://www.faa.gov/language and http://www.plainlanguage.gov.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov 
or in person at the Docket Management Facility office between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. The Docket 
Management Facility office (telephone (800) 647-5227) is located on the 
plaza level of the Nassif Building at the DOT street address stated in 
the ADDRESSES section. Comments will be available in the AD docket 
shortly after the DMS receives them.

Discussion

    The FAA has determined that an unsafe condition may exist on 
certain CASA Model C-212-CC series airplanes. The affected airplanes 
have been modified in accordance with a supplemental type certificate 
(STC) that involves removing some passenger seating and installing a 
cargo compartment with a net restraint system in place of the removed 
seats. The cargo compartment was certified as a class A compartment, 
although it is too large and remotely located from a crew member 
station as required by Section 25.855 (``Cargo or baggage 
compartments'') of the Federal Aviation Regulations (14 CFR 25.855), 
more specifically under 14 CFR 25.857(a), and described on page 105 of 
Advisory Circular (AC) 25-22, dated March 14, 2000. We have learned 
that it is possible these airplanes are being operated as ``combi'' 
airplanes (i.e., carrying both passengers and cargo on the main deck). 
The main deck cargo compartment of a combi airplane should be certified 
to meet the requirements of a class B compartment as provided in 14 CFR 
25.857(b) and the general requirements of 14 CFR 25.855. The affected 
airplanes, as modified by the STC, lack an essential feature of a class 
B cargo compartment: The ability to prevent a hazardous quantity of 
smoke, flames, and/or extinguishing agent from entering a compartment 
occupied by passengers or crew. That is, the cargo compartments on the 
affected airplanes, when operated in a combi configuration, must 
include a protective liner to contain any smoke, flames, or released 
extinguishing agent within the cargo compartment itself. As currently 
configured on these airplanes, the cargo compartments are separated 
from the passengers and crew by only a cargo net.
    Therefore, we have determined that affected airplanes in the 
current STC-modified configuration, when carrying both cargo and 
passengers in the same compartment, cannot achieve the level of 
performance required by 14 CFR 25.855. This could result in an 
inability to prevent a hazardous quantity of smoke, flames, and/or fire 
extinguishing agent from entering a compartment occupied by passengers 
or crew.

[[Page 55603]]

FAA's Determination and Requirements of the Proposed AD

    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). We 
have reviewed all available information and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are proposing this AD, which would restrict the 
operation of the affected airplanes to carrying either passengers or 
cargo, but not both, in the same compartment. However, the proposed AD 
would allow ``combi'' operation of airplanes that receive an FAA-
approved modification that will provide appropriate means (i.e., a 
protective liner in the form of a barrier, a smoke curtain, or a hard 
wall with a door) to ensure that smoke, flames, and fire extinguishing 
agent do not enter a compartment occupied by passengers or crew. The 
requirements of this proposed AD are intended to ensure operation of 
the affected airplanes in compliance with the specifications of 14 CFR 
25.855. Because associated systems such as smoke detection may be 
affected by the installation of a smoke barrier, approval of the 
proposed modification is contingent on the systems' compliance with 14 
CFR 25.855.

Impact on Intrastate Aviation in Alaska

    In light of the heavy reliance on aviation for intrastate 
transportation in Alaska, we have fully considered the effects of this 
proposed AD (including costs to be borne by affected operators) from 
the earliest possible stages of AD development. This proposed AD is 
based on those considerations, and was developed with regard to 
minimizing the economic impact on operators to the extent possible, 
consistent with the safety objectives of this proposed AD. In any 
event, the Federal Aviation Regulations require operators to correct an 
unsafe condition identified on an airplane to ensure operation of that 
airplane in an airworthy condition. We have determined in this case 
that the proposed requirements are necessary and the indirect costs 
would be outweighed by the safety benefits of the proposed AD.

Exemption Granted

    On May 16, 2003, an operator of certain CASA Model C-212-CC and -CD 
series airplanes (not affected by this proposed AD) in Alaska was 
granted Exemption 7779A to provide an acceptable level of fire 
protection that will allow those airplanes to be operated in the combi 
configuration. (Documents related to the exemption may be viewed at 
http://dms.dot.gov, under docket number FAA-2001-11150.) The exemption 
was granted based on public interest, with the following limitations:
    1. A means will be provided to extinguish or control a fire without 
requiring a crewmember to enter the compartment. Fire containment 
covers (FCCs) of woven fiberglass-based materials that will pass the 
oil burner test of FAR Part 25, Appendix F, Part II, must be used. FCCs 
will completely surround all cargo, including being underneath the 
cargo, except for obviously non-flammable items, such as metal stock, 
machinery, and non-flammable fluids without flammable packaging. Cargo 
restraint nets will be installed over the FCCs. A valve will be 
installed in the FCCs to allow fire-fighting attempts without removing 
or loosening the FCCs.
    2. A means will be provided to exclude hazardous quantities of 
smoke, flames, or extinguishing agent from any compartment occupied by 
the crew or passengers. There is an approved procedure for elimination 
of smoke and fumes in the airplane flight manual (AFM).
    3. A separate approved smoke detector or fire detector system will 
be installed in the cargo area and a fire/smoke warning indicator will 
be provided in the cockpit. Smoke or fire detectors placed within each 
FCC fully enclosed volume provide such a means. The use of non-TSO'd 
inexpensive building-type smoke detectors is permitted. Detectors may 
be wired or wireless, as long as they incorporate provisions for sensor 
redundancy, testing, and remote cockpit indication. At least two 
detectors must be placed within each FCC fully enclosed volume.
    4. Crew members must receive training in the use of the fire 
extinguishers and the cargo fire containment covers; they must also 
receive training in the use of the approved procedure for the 
elimination of smoke and fumes that is specified in the AFM.
    5. Two additional fire extinguishers must be carried on the 
airplane.
    6. Limitations 1 through 5 must be documented as operating 
limitations in the limitations section of the Airplane Flight Manual 
Supplement.
    We anticipate that adherence to these six terms and conditions, in 
a method approved by the FAA, would be considered a means of compliance 
with this proposed AD.

Costs of Compliance

    We estimate that 5 airplanes of U.S. registry would be affected by 
this proposed AD. We recognize that the proposed operational 
restrictions may impose indirect and adverse economic effects on 
operators from a potential loss of revenue. Those indirect costs are 
difficult to calculate because the lost revenue from combi-operated 
flights is not readily measurable. Nevertheless, because of the 
severity of the identified unsafe condition, we have determined that 
continued operational safety necessitates these costs to the operators.
    An operator may choose to modify the cargo compartment rather than 
restrict its operations. However, since a modification commensurate 
with the requirements of this proposed AD has not been developed, we 
cannot provide specific information regarding the number of work hours 
or the cost of parts to accomplish that modification. Further, 
modification costs would likely vary, depending on the airplane 
configuration. The proposed compliance time of 12 months should provide 
ample time for the development, approval, and installation of an 
appropriate modification, and also ensure the necessary level of flight 
safety. Based on a similar modification accomplished previously, we can 
reasonably estimate that the proposed modification may take 40 work 
hours, at an average labor rate of $65 per work hour. The cost of 
required parts would be about $1,800 per airplane. A required proof of 
function flight would cost about $4,000 including the services of a 
Designated Engineering Representative, pilot, test airplane, and test 
equipment. Based on these figures, the cost impact of the proposed AD 
on U.S. operators is estimated to be about $8,400 per airplane.
    As indicated previously, we specifically invite comments and other 
data regarding the economic aspect of the proposed 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

[[Page 55604]]

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 have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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. 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 proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Construcciones Aeronauticas, S.A. (CASA): Docket No. FAA-2005-22505; 
Directorate Identifier 2003-NM-283-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by October 24, 2005.

Affected ADs

    (b) None.
    Applicability: (c) This AD applies to Model C-212-CC series 
airplanes, certificated in any category, modified in accordance with 
Supplemental Type Certificate (STC) ST02129AK, or by field approval 
using STC ST02129AK as a basis for the field approval.

Unsafe Condition

    (d) This AD was prompted by our determination that affected 
airplanes, when carrying both cargo and passengers in the same 
compartment, cannot achieve the required level of performance. We 
are issuing this AD to prevent a hazardous quantity of smoke, 
flames, and/or fire extinguishing agent from the cargo compartment 
from entering a compartment occupied by passengers or crew.
    Compliance: (e) You are responsible for having the actions 
required by this AD performed within the compliance times specified, 
unless the actions have already been done.

Modification

    (f) As of 12 months after the effective date of this AD, no 
person may operate an airplane in the combi configuration, unless 
the actions specified by either paragraph (f)(1) or (f)(2) are done 
in accordance with a method approved by the Manager, Anchorage 
Aircraft Certification Office (ACO), FAA.
    (1) Modify the airplane to incorporate a protective liner 
between the passengers and the cargo and to ensure compliance with 
section 25.855 (``Cargo or baggage compartment'') of the Federal 
Aviation Regulations (14 CFR 25.855).
    (2) Comply with the terms and conditions specified in paragraphs 
(f)(2)(i) through (f)(2)(vi) of this AD.
    (i) There are means to extinguish or control a fire without 
requiring a crewmember to enter the compartment.
    (ii) There are means to exclude hazardous quantities of smoke, 
flames, or extinguishing agent from any compartment occupied by the 
crew or passengers.
    (iii) There is a separate approved smoke detector or fire 
detector system to give warning at the pilot or flight engineer 
station.
    (iv) Crew members must receive training in the use of the fire 
extinguishers and the cargo fire containment covers; they must also 
receive training in the use of the approved procedure for the 
elimination of smoke and fumes that is specified in the AFM.
    (v) Two additional fire extinguishers must be carried on the 
airplane.
    (vi) Limitations (f)(2)(i) through (f)(2)(v) must be documented 
as operating limitations in the limitations section of the Airplane 
Flight Manual Supplement.

Special Flight Permits

    (g) 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 airplane can be modified (if the operator elects to do so), 
provided no passengers are onboard.

Alternative Methods of Compliance (AMOCs)

    (h) The Manager, Anchorage Aircraft Certification Office, FAA, 
has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.

    Issued in Renton, Washington, on September 16, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-18906 Filed 9-21-05; 8:45 am]
BILLING CODE 4910-13-P


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