Airworthiness Directives; Construcciones Aeronauticas, S.A. (CASA), Model C-212-CC Series Airplanes, 55604-55607 [05-18908]
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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.
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Jkt 205001
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
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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
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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
https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Government-wide rulemaking Web
site: Go to https://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.
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Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Proposed Rules
• 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 https://
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 https://
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 https://
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
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14:39 Sep 21, 2005
Jkt 205001
https://www.faa.gov/language and https://
www.plainlanguage.gov.
Examining the Docket
You can examine the AD docket on
the Internet at https://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
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55605
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.
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55606
Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Proposed Rules
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 https://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
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Jkt 205001
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.
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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.
§ 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–2005–22504;
Directorate Identifier 2003–NM–281–AD.
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Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Proposed Rules
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
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14:39 Sep 21, 2005
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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]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[COTP San Francisco Bay 05–007]
RIN 1625–AA87
Security Zones; San Francisco Bay,
San Pablo Bay, Carquinez Strait,
Suisun Bay, CA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
establish fixed security zones in the
waters extending approximately 100
yards around six separate oil refinery
piers in the San Francisco Bay area.
These security zones are an integral part
of the Coast Guard’s efforts to protect
these facilities and the surrounding
areas from destruction or damage due to
accidents, subversive acts, or other
causes of a similar nature. The proposed
security zones would prohibit all
persons and vessels from entering,
transiting through or anchoring within
portions of the designated waters of San
Francisco Bay, San Pablo Bay,
Carquinez Strait, and Suisun Bay,
unless authorized by the Captain of the
Port (‘‘COTP’’) or his designated
representative. These zones will be
subject to discretionary and random
patrol and monitoring by Coast Guard,
federal, state and local law enforcement
assets.
DATES: Comments and related material
must reach the Coast Guard on or before
November 21, 2005.
ADDRESSES: You can mail comments
and related material to the Waterways
Safety Branch, U.S. Coast Guard Sector
San Francisco, Coast Guard Island,
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55607
Alameda, California 94501. The
Waterways Safety Branch maintains the
public docket for this rulemaking.
Comments and material received from
the public, as well as documents
indicated in this preamble as being
available in the docket, will become part
of this docket and will be available for
inspection or copying at the Waterways
Safety Branch between 9 a.m. and 4
p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Ian Callander, U.S. Coast
Guard Sector San Francisco, at (510)
437–3401 or the Sector San Francisco
Command Center, at (415) 399–3547.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking (COTP 05–007),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
to know that your submission reached
us, please enclose a stamped, selfaddressed postcard or envelope. We will
consider all comments and material
received during the comment period.
We may change this proposed rule in
view of them.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for a meeting by writing to the
Waterways Safety Branch at the address
under ADDRESSES explaining why one
would be beneficial. If we determine
that one would aid this rulemaking, we
will hold one at a time and place
announced by a separate notice in the
Federal Register.
Background and Purpose
As part of the Diplomatic Security
and Antiterrorism Act of 1986 (Pub. L.
99–399), Congress amended section 7 of
the Ports and Waterways Safety Act
(PWSA), 33 U.S.C. 1226, to allow the
Coast Guard to take actions, including
the establishment of security and safety
zones, to prevent or respond to acts of
terrorism against individuals, vessels, or
public or commercial structures. The
Coast Guard also has authority to
establish security zones pursuant to the
Act of June 15, 1917, as amended by the
Magnuson Act of August 9, 1950 (50
U.S.C. 191 et seq.) and implementing
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]]>Agencies
[Federal Register Volume 70, Number 183 (Thursday, September 22, 2005)]
[Proposed Rules]
[Pages 55604-55607]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-18908]
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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 https://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to https://
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
https://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 https://
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 https://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 https://www.faa.gov/language and https://
www.plainlanguage.gov.
Examining the Docket
You can examine the AD docket on the Internet at https://
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
https://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]
BILLING CODE 4910-13-P
