[Federal Register: September 22, 2005 (Volume 70, Number 183)]
[Proposed Rules]
[Page 55604-55607]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22se05-22]
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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).
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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.
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.
[[Page 55605]]
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-2005-22504;
Directorate Identifier 2003-NM-281-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.
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.
[[Page 55606]]
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 test 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 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-2005-22504;
Directorate Identifier 2003-NM-281-AD.
[[Page 55607]]
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) ST02177AK, or by field approval
using STC ST02177AK 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. 05-18908 Filed 9-21-05; 8:45 am]
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