55602 Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Proposed Rules 

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). 

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. 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

room PL–401, Washington, DC 20590. 

• By fax: (202) 493–2251. 

• 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, marcia.walters@faa.gov. 

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 STCmodified 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. 

Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Proposed Rules 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 nonflammable fluids without flammable 

packaging. Cargo restraint nets will be 

installed over the FCCs. A valve will be 

installed in the FCCs to allow firefighting 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 

55604 Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Proposed Rules 

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. 

§ 39.13 [Amended] 

2. The FAA amends § 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22504; Directorate 

Identifier 2003–NM–281–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). 

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. 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

room PL–401, Washington, DC 20590.