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[Federal Register Volume 74, Number 204 (Friday, October 23, 2009)]
[Proposed Rules]
[Pages 54762-54763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25495]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM417; Notice No. 25-09-12-SC]

Special Conditions: Model C-27J Airplane; Class E Cargo 
Compartment Lavatory

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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SUMMARY: This action proposes special conditions for the Alenia Model 
C-27J airplane. This airplane has novel or unusual design features when 
compared to the state of technology described in the airworthiness 
standards for transport-category airplanes. These design features 
include a lavatory in the Class E cargo compartment. The applicable 
airworthiness regulations do not contain adequate or appropriate safety 
standards for these design features. These proposed special conditions 
contain the additional safety standards that the Administrator 
considers necessary to establish a level of safety equivalent to that 
established by the existing airworthiness standards. We have issued 
additional special conditions for other novel or unusual design 
features of the C-27J.

DATES: We must receive your comments by November 23, 2009.

ADDRESSES: You must mail two copies of your comments to: Federal 
Aviation Administration, Transport Airplane Directorate, Attn: Rules 
Docket (ANM-113), Docket No. NM417, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356. You may deliver two copies to the Transport 
Airplane Directorate at the above address. You must mark your comments: 
Docket No. NM417. You can inspect comments in the Rules Docket 
weekdays, except Federal holidays, between 7:30 a.m. and 4 p.m.

FOR FURTHER INFORMATION CONTACT: Tom Groves, FAA, International Branch, 
ANM-116, Transport Airplane Directorate, Aircraft Certification 
Service, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; 
telephone (425) 227-1503, facsimile (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite interested people to take part in this rulemaking by 
sending written comments, data, or views. The most helpful comments 
reference a specific portion of the special conditions, explain the 
reason for any recommended change, and include supporting data. We ask 
that you send us two copies of written comments.
    We will file in the docket all comments we receive, as well as a 
report summarizing each substantive public contact with FAA personnel 
concerning these special conditions. You can inspect the docket before 
and after the comment closing date. If you wish to review the docket in 
person, go to the address in the ADDRESSES section of this preamble 
between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.
    We will consider all comments we receive on or before the closing 
date for comments. We will consider comments filed late if it is 
possible to do so without incurring expense or delay. We may change 
these special conditions based on the comments we receive.
    If you want the FAA to acknowledge receipt of your comments on this 
proposal, include with your comments a self-addressed, stamped postcard 
on which the docket number appears. We will stamp the date on the 
postcard and mail it back to you.

Background

    On March 27, 2006, the European Aviation Safety Agency (EASA) 
forwarded to the FAA an application from Alenia Aeronautica of Torino, 
Italy, for U.S. type certification of a twin-engine, commercial 
transport designated as the Model C-27J. The C-27J is a twin-
turbopropeller, cargo-transport aircraft with a maximum takeoff weight 
of 30,500 kilograms.

Type Certification Basis

    Under the provisions of Section 21.17 of Title 14 Code of Federal 
Regulation (14 CFR) and the bilateral agreement between the U.S. and 
Italy, Alenia Aeronautica must show that the C-27J meets the applicable 
provisions of 14 CFR part 25, as amended by Amendments 25-1 through 25-
87. Alenia also elects to comply with Amendment 25-122, effective 
September 5, 2007, for 14 CFR 25.1317.
    If the Administrator finds that existing airworthiness regulations 
do not adequately or appropriately address safety standards for the C-
27J due to a novel or unusual design feature, we prescribe special 
conditions under provisions of 14 CFR 21.16.
    In addition to the applicable airworthiness regulations and special 
conditions, the C-27J must comply with the fuel-vent and exhaust-
emission requirements of 14 CFR part 34 and the noise-certification 
requirements of 14 CFR part 36, and the FAA must issue a finding of 
regulatory adequacy under Sec.  611 of Public Law 92-574, the ``Noise 
Control Act of 1972.''
    The FAA issues special conditions, as defined in 14 CFR 11.19, in 
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.17(a)(2).
    Special conditions are initially applicable to the model for which 
they are issued. Should the type certificate for that model be amended 
later to include any other model that incorporates the same or similar 
novel or unusual design feature, the special conditions also apply to 
the other model under Sec.  21.101.

Novel or Unusual Design Features

    The C-27J incorporates a lavatory into the Class E cargo 
compartment, which is considered a novel or unusual design feature in a 
cargo compartment. In developing the airworthiness requirements for 
cargo compartments, the FAA did not envision that a lavatory would be 
installed inside a Class E cargo compartment. Lavatories, including the 
one proposed for the C-27J, typically contain electrical systems, which 
could serve as ignition sources for a fire, and an oxygen supply 
system, which could intensify the growth and size of a fire. Therefore, 
consideration must be given to a means to control the possibility of 
the:

[[Page 54763]]

     Electrical system in the lavatory initiating a fire in the 
cargo compartment, and
     Oxygen-supply system in the lavatory fueling a fire in the 
cargo compartment.
    The existing airworthiness regulations do not adequately or 
appropriately address safety standards for these design features. These 
proposed special conditions for the C-27J contain the additional safety 
standards that the Administrator considers necessary to establish a 
level of safety equivalent to that established by the existing 
airworthiness standards.

Discussion

    Specific regulations governing Class E cargo compartments:
    (a) Section 25.855, the material-standards and design 
considerations for cargo-compartment interiors; the statement that each 
cargo compartment must meet one of the Class requirements of Sec.  
25.857; and the flight testing which must be conducted for 
certification.
    (b) Section 25.857, the standards for the various classes of 
transport-category airplane-cargo compartments.
    (c) Section 25.858, design and certification requirements for 
cargo- or baggage-compartment fire or smoke-detection systems, and a 
standard that fire be detected and indicated to the crew less than one 
minute after inception.
    Specific regulations governing lavatory installations, regardless 
of location:
    (d) Section 25.783, requirements to preclude anyone from becoming 
trapped inside the lavatory.
    (e) Section 25.791, lavatory placarding requirements.
    (f) Section 25.853, interior material-test standards, smoking-
prohibition requirements, ashtray requirements, and waste-receptacle 
design-and-material standards.
    (g) Section 25.854, lavatory smoke-detector and fire-extinguisher 
requirements.
    In developing the airworthiness requirements for cargo 
compartments, the FAA did not envision that a lavatory would be 
installed in a Class E cargo compartment. Therefore, special conditions 
must be established to provide a means to control the possibility of 
the:
     Electrical system in the lavatory initiating a fire in the 
cargo compartment, and
     Oxygen-supply system in the lavatory fueling a fire in the 
cargo compartment.

Applicability

    As discussed above, these proposed special conditions are 
applicable to the C-27J. Should Alenia apply at a later date for a 
change to the type certificate to include another model incorporating 
the same or similar novel or unusual design features, these proposed 
special conditions apply to that model as well under Sec.  21.101.

Conclusion

    This action affects only certain novel or unusual design features 
of the Alenia C-27J. It is not a rule of general applicability, and it 
affects only the applicant that applied to the FAA for approval of 
these features on the airplane.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Proposed Special Conditions

    Accordingly, the Administrator of the Federal Aviation 
Administration (FAA) proposes the following special conditions as part 
of the type-certification basis for the C-27J.
    1. Control of electrical power to the lavatory located in the Class 
E cargo compartment:
    A means must be provided to shut off electrical power to the 
lavatory should smoke or fire be detected anywhere in the Class E cargo 
compartment, including in the lavatory. Two types of shut-off systems 
meet this requirement:
     A manual system, with an airplane-flight-manual (AFM) 
procedure to instruct the flight crew on where and how to shut off the 
power, or
     An automatic system that shuts off power to the lavatory 
following a lavatory or cargo-compartment smoke-detector alarm.
    2. Control of the oxygen-delivery-system flow to the lavatory and 
cargo compartment:
    A means must be provided to shut off oxygen flow to the lavatory 
should smoke or fire be detected anywhere in the Class E cargo 
compartment, including in the lavatory. Two types of shut-off systems 
meet this requirement:
     A manual system, with an AFM procedure to instruct the 
flight crew on where and how to shut off the oxygen flow, or
     An automatic system that shuts off oxygen flow to the 
lavatory following a lavatory or cargo-compartment smoke-detector 
alarm.

    Issued in Renton, Washington, on October 8, 2009.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-25495 Filed 10-22-09; 8:45 am]
BILLING CODE 4910-13-P
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