Airworthiness Directives; Construcciones Aeronauticas, S.A. (CASA), Model C-212-CC Airplanes, 42023-42026 [E6-11706]

Download as PDF Federal Register / Vol. 71, No. 142 / Tuesday, July 25, 2006 / Rules and Regulations 42023 TABLE 1.—SERVICE BULLETINS Required Airbus Service Bulletin Approved Airbus service bulletin version for actions done before the effective date of this AD Airbus airplane model A300–27–6044, Revision 04, dated September 10, 2001. A300–27–6044, Revision 02, dated August 26, 2000; or Revision 03, dated June 28, 2001. A310–27–2089, Revision 02, dated June 28, 2001. A310–27–2089, Revision 01, dated August 25, 2000 ..... A300 B4–601, B4–603, B4–620, and B4–622. A300 B4–605R and B4–622R. A300 F4–605R and F4–622R. A300 C4–605R Variant F. A310–203, –204, –221, and –222. A310–304, –322, –324, and –325. cprice-sewell on PROD1PC66 with RULES Inspection (g) At the applicable time specified in paragraph (g)(1) or (g)(2) of this AD, do a detailed inspection of specified components of the THSA in accordance with paragraph 1.E.(2)(a) and the Accomplishment Instructions of the applicable service bulletin. Repair any discrepancy before further flight in accordance with a method approved by the Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA) (or its delegated agent). TRW Aeronautical Systems/Lucas Aerospace Component Maintenance Manual 27–44–13, dated September 14, 2001, is one acceptable method for the repair. (1) If the flight hours accumulated on the THSA can be positively determined: Inspect at the earlier of: (i) Before the accumulation of 47,000 total flight hours on the THSA, or within 600 flight hours after the effective date of this AD, whichever occurs later. (ii) Within 25 years since the THSA was new or within 600 flight hours after the effective date of this AD, whichever occurs later. (2) If the flight hours accumulated on the THSA cannot be positively determined: Inspect before the accumulation of 47,000 total flight hours on the airplane, or within 600 flight hours after the effective date of this AD, whichever occurs later. Note 1: For the purposes of this AD, a detailed inspection is: ‘‘An intensive examination of a specific item, installation, or assembly to detect damage, failure, or irregularity. Available lighting is normally supplemented with a direct source of good lighting at an intensity deemed appropriate. Inspection aids such as mirror, magnifying lenses, etc., may be necessary. Surface cleaning and elaborate procedures may be required.’’ Follow-on Repetitive Tasks (h) After the inspection required by paragraph (g) of this AD: Do the repetitive tasks in accordance with the Accomplishment Instructions and at the times specified in paragraph 1.E.(2)(b) of the service bulletin, as applicable, except as provided by paragraph (i) of this AD. The repetitive tasks are valid only until the THSA operational life exceeds 65,000 flight hours, 40,000 flight cycles, or 25 years, whichever occurs first. Before the THSA is operated beyond these extended life goals, it must be replaced with a new THSA, except as required by paragraph (i) of this AD. VerDate Aug<31>2005 15:39 Jul 24, 2006 Jkt 208001 THSA Replacement (i) For any THSA, whether discrepant or not, that is replaced with a new THSA: Within 47,000 flight hours or 25 years, whichever occurs first, after the THSA is replaced, do the applicable tasks specified in paragraph 1.E.(2)(a) and the Accomplishment Instructions of the applicable service bulletin. Thereafter repeat the tasks within the repetitive intervals specified in paragraph 1.E.(2)(b) of the applicable service bulletin. Alternative Methods of Compliance (AMOCs) (j)(1) The Manager, International Branch, ANM–116, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. (2) Before using any AMOC approved in accordance with 14 CFR 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Related Information (k) French airworthiness directive 2001– 242(B), dated June 27, 2001, also addresses the subject of this AD. Material Incorporated by Reference (l) You must use Airbus Service Bulletin A300–27–6044, Revision 04, dated September 10, 2001; and Airbus Service Bulletin A310–27–2089, Revision 02, dated June 28, 2001; as applicable, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of these documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Room PL–401, Nassif Building, Washington, DC; on the Internet at https:// dms.dot.gov; or at the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call (202) 741–6030, or go to https://www.archives.gov/ federal_register/code_of_federal_regulations/ ibr_locations.html. PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 Issued in Renton, Washington, on July 14, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6–11700 Filed 7–24–06; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2005–22505; Directorate Identifier 2003–NM–283–AD; Amendment 39–14692; AD 2006–15–12] RIN 2120–AA64 Airworthiness Directives; Construcciones Aeronauticas, S.A. (CASA), Model C–212–CC Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: SUMMARY: The FAA is adopting a new airworthiness directive (AD) for certain CASA Model C–212–CC airplanes. This AD restricts 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 AD results from 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. DATES: This AD becomes effective August 29, 2006. ADDRESSES: You may examine the 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, E:\FR\FM\25JYR1.SGM 25JYR1 42024 Federal Register / Vol. 71, No. 142 / Tuesday, July 25, 2006 / Rules and Regulations SW., Nassif Building, Room PL–401, Washington, DC. FOR FURTHER INFORMATION CONTACT: 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. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive (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 street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to certain CASA Model C–212–CC series airplanes. That NPRM was published in the Federal Register on September 22, 2005 (70 FR 55602). That NPRM proposed to 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. cprice-sewell on PROD1PC66 with RULES Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Request for Conformance to Technical Standard Order (TSO) The Modification and Repair Parts Association (MARPA) recommends that we place additional requirements on the type of smoke detectors that could be used for this application (i.e., that they must fully meet all requirements of the associated technical standard order (TSO)). In addition, the MARPA feels that 14 CFR 39 does not permit the modification of other parts of the CFR, such as 21.303, for economic or other seemingly quixotic rationale. The MARPA concludes that it would appear we do not possess the legal authority in Part 39 to waive other requirements of the CFR for reasons that do not contribute to continued airworthiness. We considered the comments, but for the reasons below do not concur. The use of appliances that are not ‘‘FAA-approved’’ is not without VerDate Aug<31>2005 15:39 Jul 24, 2006 Jkt 208001 precedent. Handheld fire extinguishers, for example, are not specifically approved by the FAA. We also permit smoke detectors that do not meet TSO requirements to be used in lavatories on commercial airplanes because the presence of flight attendants and passengers makes it unlikely that a fire could transition from a small smoldering fire to a flaming fire without notice. Regarding Model C–212–CC series airplanes, the presence of two smoke detectors that do not meet TSO requirements, the close proximity of the cargo to passengers, and flammability test data for fire containment covers led us to conclude that there was no need to require smoke detectors that fully meet TSO requirements in this application. It should be noted that these detectors are placed on the cargo; the cargo and detectors are then placed within fire containment covers, which must completely surround the cargo and detectors. Two detectors are required for each enclosed cargo to be carried on the airplane. We have determined that this provides an acceptable level of safety. Regarding 14 CFR 21.303, the MARPA apparently misunderstands the requirements of § 21.303. This section regulates production of parts, and requires FAA parts manufacturer approval (PMA) for persons who produce parts ‘‘for sale for installation on type certificated products.’’ ADs, on the other hand, impose requirements on operators and do not affect requirements for parts production. In this case, the phrase, ‘‘building-type smoke detectors’’ refers to parts that are presumably not produced for sale for installation on a type-certificated product; i.e., they are produced for use in buildings. Therefore, this AD neither modifies nor conflicts with § 21.303. Regarding the FAA’s authority under part 39, § 39.5 identifies the criteria for issuing ADs: ‘‘* * * an unsafe condition exists in a product and it is likely to exist or develop in other products of the same type design.’’ Those criteria are clearly met in this case. Nothing in part 39 limits the actions that we may require to address the unsafe condition. In fact, § 39.11 provides us with maximum flexibility in defining necessary corrective actions: ‘‘Airworthiness directives specify inspections you must carry out, conditions and limitations you must comply with, and any actions you must take to resolve the unsafe condition.’’ This certainly includes installation of smoke detectors that we have determined to adequately fulfill the safety needs in the unusual circumstances of this AD. PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 Clarification of Alternative Method of Compliance (AMOC) Paragraph We have revised this action to clarify the appropriate procedure for notifying the principal inspector before using any approved AMOC on any airplane to which the AMOC applies. Explanation of Change to Applicability We have revised the applicability of the proposed AD to identify model designations as published in the most recent type certificate data sheet for the affected models. Conclusion We have carefully reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We have determined that the changes will neither increase the economic burden on any operator nor increase the scope of the AD. Exemption Granted On May 16, 2003, an operator of certain CASA Model C–212–CC and –CD airplanes (not affected by this 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/ E:\FR\FM\25JYR1.SGM 25JYR1 Federal Register / Vol. 71, No. 142 / Tuesday, July 25, 2006 / Rules and Regulations cprice-sewell on PROD1PC66 with RULES 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 AD. Costs of Compliance We estimate that 5 airplanes of U.S. registry will be affected by this AD. We recognize that the 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 combioperated 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 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 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 modification may take 40 work hours, at an average labor rate of $65 per work hour. The cost of required parts VerDate Aug<31>2005 15:39 Jul 24, 2006 Jkt 208001 will be about $1,800 per airplane. A required proof of function flight test will 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 AD on U.S. operators is estimated to be $8,400 per airplane. 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 AD will not have federalism implications under Executive Order 13132. This AD will 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 this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) Is not a ‘‘significant rule’’ under 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 AD and placed it in the AD docket. 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. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 42025 Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: I PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: I Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration (FAA) amends § 39.13 by adding the following new airworthiness directive (AD): I 2006–15–12 Construcciones Aeronauticas, S.A. (CASA): Amendment 39–14692. Docket No. FAA–2005–22505; Directorate Identifier 2003–NM–283–AD. Effective Date (a) This AD becomes effective August 29, 2006. Affected ADs (b) None. Applicability (c) This AD applies to CASA Model C– 212–CC 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. E:\FR\FM\25JYR1.SGM 25JYR1 42026 Federal Register / Vol. 71, No. 142 / Tuesday, July 25, 2006 / Rules and Regulations (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 airplane flight manual (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 CASA C– 212–CC AFM 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)(1) The Manager, Anchorage ACO, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. (2) Before using any AMOC approved in accordance with 14 CFR 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Material Incorporated by Reference (i) None. Issued in Renton, Washington, on July 14, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6–11706 Filed 7–24–06; 8:45 am] cprice-sewell on PROD1PC66 with RULES BILLING CODE 4910–13–P VerDate Aug<31>2005 15:39 Jul 24, 2006 Jkt 208001 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2006–24779; Directorate Identifier 2006–NM–044–AD; Amendment 39–14689; AD 2006–15–09] RIN 2120–AA64 Airworthiness Directives; Airbus Model A300 Airplanes; Model A310 Airplanes; and Model A300 B4–600, B4–600R, and F4–600R Series Airplanes, and Model C4–605R Variant F Airplanes (Collectively Called A300–600 Series Airplanes) Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all Airbus Model A300 airplanes and Model A310 airplanes, and for certain Airbus Model A300–600 series airplanes. This AD requires an inspection of the wing and center fuel tanks to determine if certain P-clips are installed and corrective action if necessary. This AD also requires an inspection of electrical bonding points of certain equipment in the center fuel tank for the presence of a blue coat and related investigative and corrective actions if necessary. This AD also requires installation of new bonding leads and electrical bonding points on certain equipment in the wing, center, and trim fuel tanks, as necessary. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to ensure continuous electrical bonding protection of equipment in the wing, center, and trim fuel tanks and to prevent damage to wiring in the wing and center fuel tanks, due to failed P-clips used for retaining the wiring and pipes, which could result in a possible fuel ignition source in the fuel tanks. DATES: This AD becomes effective August 29, 2006. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of August 29, 2006. ADDRESSES: You may examine the 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., Nassif Building, Room PL–401, Washington, DC. Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Tom Stafford, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–1622; fax (425) 227–1149. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive (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 street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to all Airbus Model A300 airplanes and Model A310 airplanes, and for certain Airbus Model A300 B4– 600, B4–600R, and F4–600R Series Airplanes, and Model C4–605R Variant F airplanes (collectively called A300– 600 series airplanes). That NPRM was published in the Federal Register on May 17, 2006 (71 FR 28611). That NPRM proposed to require an inspection of the wing and center fuel tanks to determine if certain P-clips are installed and corrective action if necessary. That NPRM also proposed to require an inspection of electrical bonding points of certain equipment in the center fuel tank for the presence of a blue coat and related investigative and corrective actions if necessary. That NPRM also proposed to require installation of new bonding leads and electrical bonding points on certain equipment in the wing, center, and trim fuel tanks, as necessary. Comments We provided the public the opportunity to participate in the development of this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance There are about 29 Model A300 airplanes, 63 Model A310 airplanes, and E:\FR\FM\25JYR1.SGM 25JYR1

Agencies

[Federal Register Volume 71, Number 142 (Tuesday, July 25, 2006)]
[Rules and Regulations]
[Pages 42023-42026]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11706]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22505; Directorate Identifier 2003-NM-283-AD; 
Amendment 39-14692; AD 2006-15-12]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain CASA Model C-212-CC airplanes. This AD restricts 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 AD 
results from 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.

DATES: This AD becomes effective August 29, 2006.

ADDRESSES: You may examine the 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,

[[Page 42024]]

SW., Nassif Building, Room PL-401, Washington, DC.

FOR FURTHER INFORMATION CONTACT: 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.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain CASA Model C-
212-CC series airplanes. That NPRM was published in the Federal 
Register on September 22, 2005 (70 FR 55602). That NPRM proposed to 
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.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Request for Conformance to Technical Standard Order (TSO)

    The Modification and Repair Parts Association (MARPA) recommends 
that we place additional requirements on the type of smoke detectors 
that could be used for this application (i.e., that they must fully 
meet all requirements of the associated technical standard order 
(TSO)). In addition, the MARPA feels that 14 CFR 39 does not permit the 
modification of other parts of the CFR, such as 21.303, for economic or 
other seemingly quixotic rationale. The MARPA concludes that it would 
appear we do not possess the legal authority in Part 39 to waive other 
requirements of the CFR for reasons that do not contribute to continued 
airworthiness.
    We considered the comments, but for the reasons below do not 
concur.
    The use of appliances that are not ``FAA-approved'' is not without 
precedent. Handheld fire extinguishers, for example, are not 
specifically approved by the FAA. We also permit smoke detectors that 
do not meet TSO requirements to be used in lavatories on commercial 
airplanes because the presence of flight attendants and passengers 
makes it unlikely that a fire could transition from a small smoldering 
fire to a flaming fire without notice.
    Regarding Model C-212-CC series airplanes, the presence of two 
smoke detectors that do not meet TSO requirements, the close proximity 
of the cargo to passengers, and flammability test data for fire 
containment covers led us to conclude that there was no need to require 
smoke detectors that fully meet TSO requirements in this application. 
It should be noted that these detectors are placed on the cargo; the 
cargo and detectors are then placed within fire containment covers, 
which must completely surround the cargo and detectors. Two detectors 
are required for each enclosed cargo to be carried on the airplane. We 
have determined that this provides an acceptable level of safety.
    Regarding 14 CFR 21.303, the MARPA apparently misunderstands the 
requirements of Sec.  21.303. This section regulates production of 
parts, and requires FAA parts manufacturer approval (PMA) for persons 
who produce parts ``for sale for installation on type certificated 
products.'' ADs, on the other hand, impose requirements on operators 
and do not affect requirements for parts production. In this case, the 
phrase, ``building-type smoke detectors'' refers to parts that are 
presumably not produced for sale for installation on a type-
certificated product; i.e., they are produced for use in buildings. 
Therefore, this AD neither modifies nor conflicts with Sec.  21.303. 
Regarding the FAA's authority under part 39, Sec.  39.5 identifies the 
criteria for issuing ADs: ``* * * an unsafe condition exists in a 
product and it is likely to exist or develop in other products of the 
same type design.'' Those criteria are clearly met in this case. 
Nothing in part 39 limits the actions that we may require to address 
the unsafe condition. In fact, Sec.  39.11 provides us with maximum 
flexibility in defining necessary corrective actions: ``Airworthiness 
directives specify inspections you must carry out, conditions and 
limitations you must comply with, and any actions you must take to 
resolve the unsafe condition.'' This certainly includes installation of 
smoke detectors that we have determined to adequately fulfill the 
safety needs in the unusual circumstances of this AD.

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

Explanation of Change to Applicability

    We have revised the applicability of the proposed AD to identify 
model designations as published in the most recent type certificate 
data sheet for the affected models.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD with the changes described previously. 
We have determined that the changes will neither increase the economic 
burden on any operator nor increase the scope of the AD.

Exemption Granted

    On May 16, 2003, an operator of certain CASA Model C-212-CC and -CD 
airplanes (not affected by this 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/

[[Page 42025]]

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 AD.

Costs of Compliance

    We estimate that 5 airplanes of U.S. registry will be affected by 
this AD. We recognize that the 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 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 
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 modification may take 40 work hours, at an average 
labor rate of $65 per work hour. The cost of required parts will be 
about $1,800 per airplane. A required proof of function flight test 
will 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 AD on U.S. operators is 
estimated to be $8,400 per airplane.

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 AD will not have federalism 
implications under Executive Order 13132. This AD will 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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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 AD and placed it in the AD docket. 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.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2006-15-12 Construcciones Aeronauticas, S.A. (CASA): Amendment 39-
14692. Docket No. FAA-2005-22505; Directorate Identifier 2003-NM-
283-AD.

Effective Date

    (a) This AD becomes effective August 29, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to CASA Model C-212-CC 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.

[[Page 42026]]

    (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 airplane 
flight manual (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 CASA C-
212-CC AFM 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)(1) The Manager, Anchorage ACO, FAA, has the authority to 
approve AMOCs for this AD, if requested in accordance with the 
procedures found in 14 CFR 39.19.
    (2) Before using any AMOC approved in accordance with 14 CFR 
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Material Incorporated by Reference

    (i) None.


    Issued in Renton, Washington, on July 14, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-11706 Filed 7-24-06; 8:45 am]
BILLING CODE 4910-13-P

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