[Federal Register Volume 71, Number 142 (Tuesday, July 25, 2006)]
[Rules and Regulations]
[Pages 42023-42026]
From the Federal Register Online via the Government Publishing 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 http://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 http://dms.dot.gov or in person at the Docket Management 
Facility office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Management Facility office 
(telephone (800) 647-5227) is located on the plaza level of the Nassif 
Building at the 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 http://dms.dot.gov, under 
docket number FAA-2001-11150.) The exemption was granted based on 
public interest, with the following limitations:
    1. A means will be provided to extinguish or control a fire without 
requiring a crewmember to enter the compartment. Fire containment 
covers (FCCs) of woven fiberglass-based materials that will pass the 
oil burner test of FAR Part 25, Appendix F, Part II, must be used. FCCs 
will completely surround all cargo, including being underneath the 
cargo, except for obviously non-flammable items, such as metal stock, 
machinery, and non-flammable fluids without flammable packaging. Cargo 
restraint nets will be installed over the FCCs. A valve will be 
installed in the FCCs to allow fire-fighting attempts without removing 
or loosening the FCCs.
    2. A means will be provided to exclude hazardous quantities of 
smoke, flames, or extinguishing agent from any compartment occupied by 
the crew or passengers. There is an approved procedure for elimination 
of smoke and fumes in the airplane flight manual (AFM).
    3. A separate approved smoke detector or fire detector system will 
be installed in the cargo area and a fire/

[[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