[Federal Register: November 21, 2002 (Volume 67, Number 225)]
[Proposed Rules]
[Page 70187-70189]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no02-32]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-CE-47-AD]
RIN 2120-AA64
Airworthiness Directives; Piaggio Aero Industries S.p.A. Model P-
180 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes to adopt a new airworthiness directive
(AD) that would apply to certain Piaggio Aero Industries S.P.A.
(Piaggio) Model P-180 airplanes. This proposed AD would require you to
install a placard on the inside of the lavatory door that prohibits
occupying the lavatory seat during takeoff and landing. This proposed
AD also requires you to incorporate a temporary revision into the
Limitations Section of the pilot operating handbook/airplane flight
manual (POH/AFM). This proposed AD is the result of mandatory
continuing airworthiness information (MCAI) issued by the airworthiness
authority for Italy. The actions specified by this proposed AD are
intended to prevent passengers from occupying the lavatory seat during
takeoff and landing. The lavatory/cabin partition could fail and lead
to passenger injury in an emergency situation.
DATES: The Federal Aviation Administration (FAA) must receive any
comments on this proposed rule on or before January 13, 2003.
ADDRESSES: Submit comments to FAA, Central Region, Office of the
Regional Counsel, Attention: Rules Docket No. 2002-CE-47-AD, 901
Locust, Room 506, Kansas City, Missouri 64106. You may view any
comments at this location between 8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays. You may also send comments
electronically to the following address: 9-ACE-7-Docket@faa.gov.
Comments sent electronically must contain ``Docket No. 2002-CE-47-AD''
in the subject line. If you send comments electronically as attached
electronic files, the files must be formatted in Microsoft Word 97 for
Windows or ASCII text.
You may get service information that applies to this proposed AD
from Piaggio Aero Industries S.p.A, Via Cibrario 4, 16154 Genoa, Italy;
telephone: +39 010 6481 856; facsimile: +39 010 6481 374. You may also
view this information at the Rules Docket at the address above.
FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4059; facsimile: (816) 329-4090.
SUPPLEMENTARY INFORMATION:
Comments Invited
How Do I Comment on This Proposed AD?
The FAA invites comments on this proposed rule. You may submit
whatever written data, views, or arguments you choose. You need to
include the rule's docket number and submit your comments to the
address specified under the caption ADDRESSES. We will consider all
comments received on or before the closing date. We may amend this
proposed rule in light of comments received. Factual information that
supports your ideas and suggestions is extremely helpful in evaluating
the effectiveness of this proposed AD action and determining whether we
need to take additional rulemaking action.
Are There Any Specific Portions of This Proposed AD I Should Pay
Attention to?
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed rule that
might suggest a need to modify the rule. You may view all comments we
receive before and after the closing date of the rule in the Rules
Docket. We will file a report in the Rules Docket that summarizes each
contact we have with the public that concerns the substantive parts of
this proposed AD.
How Can I Be Sure FAA Receives My Comment?
If you want FAA to acknowledge the receipt of your mailed comments,
you must include a self-addressed, stamped postcard. On the postcard,
write ``Comments to Docket No. 2002-CE-47-AD.'' We will date stamp and
mail the postcard back to you.
[[Page 70188]]
Discussion
What Events Have Caused This Proposed AD?
The Ente Nazionale per l' Aviazione Civile (ENAC), which is the
airworthiness authority for Italy, recently notified FAA of a
manufacturing/installation defect on the lavatory/cabin partitions on
certain Piaggio model P-180 airplanes. The lavatory/cabin partitions
were installed improperly and are not of sufficient strength. This
condition was found during a quality control inspection.
If the lavatory seat is occupied during takeoff or landing, the
lavatory/cabin partition could fail and lead to passenger injury.
What Are the Consequences if the Condition Is Not Corrected?
Occupying the lavatory seat during takeoff or landing could result
in failure of the lavatory/cabin partition. Such failure could result
in passenger injury in an emergency situation.
Is There Service Information That Applies to This Subject?
Piaggio has issued Alert Service Bulletin No. ASB-80-0164, Original
Issue: September 10, 2001, and PIAGGIO Service Bulletin (Recommended)
No. SB-80-0165, Original Issue: September 10, 2001.
What Are the Provisions of This Service Information?
These service bulletins include procedures for:
--Installing a placard on the inside of the lavatory door that
prohibits occupying the lavatory seat during takeoff and landing;
--Incorporating a temporary revision into the Limitations Section of
the pilot operating handbook/airplane flight manual (POH/AFM); and
--Modifying the lavatory/cabin partition.
What Action Did the ENAC Take?
The ENAC classified this service bulletin as mandatory and issued
Italian AD Number 2001-513, dated November 30, 2001, in order to ensure
the continued airworthiness of these airplanes in Italy.
Was This in Accordance With the Bilateral Airworthiness Agreement?
This airplane model is manufactured in Italy 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) and
the applicable bilateral airworthiness agreement.
Pursuant to this bilateral airworthiness agreement, the ENAC has
kept FAA informed of the situation described above.
The FAA's Determination and an Explanation of the Provisions of This
Proposed AD
What Has FAA Decided?
The FAA has examined the findings of the ENAC; reviewed all
available information, including the service information referenced
above; and determined that:
--The unsafe condition referenced in this document exists or could
develop on other PIAGGIO Model P-180 airplanes of the same type design
that are on the U.S. registry;
--The actions specified in the previously-referenced service
information should be accomplished on the affected airplanes; and
--AD action should be taken in order to correct this unsafe condition.
What Would This Proposed AD Require?
This proposed AD would require you to:
--Install a placard on the inside of the lavatory door that prohibits
occupying the lavatory seat during takeoff and landing; and
--Incorporate a temporary revision into the Limitations Section of the
pilot operating handbook/airplane flight manual (POH/AFM).
Cost Impact
How Many Airplanes Would This Proposed AD Impact?
We estimate that this proposed AD affects 12 airplanes in the U.S.
registry.
What Would Be the Cost Impact of This Proposed AD on Owners/Operators
of the Affected Airplanes?
We estimate the following costs to accomplish the proposed
installation of the placard:
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Total Cost Per Total Cost on U.S.
Labor Cost Parts Cost Airplane Operators
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1 workhour x $60 = $60.................................. $20 $80 12 x $80 = $960.
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Compliance Time of This Proposed AD
What Would Be the Compliance Time of This Proposed AD?
The compliance time of this proposed AD is ``within the next 30
days after the effective date of this AD, unless already
accomplished.''
Why Is the Compliance Time Presented in Calendar Time Instead of Hours
Time-in-Service (TIS)?
The compliance of this proposed AD is presented in calendar time
instead of hours TIS because the lavatory/cabin partitions are unsafe
as a result of an improper installation. The unsafe condition has the
same chance of occurring on an airplane with 50 hours TIS as it would
for an airplane with 1,000 hours TIS. Therefore, we believe that a
compliance time of 30 days will:
--Ensure that the unsafe condition does not go undetected for a long
period of time on the affected airplanes; and
--Not inadvertently ground any of the affected airplanes.
Regulatory Impact
Would This Proposed AD Impact Various Entities?
The regulations proposed herein 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. Therefore, it
is determined that this proposed rule would not have federalism
implications under Executive Order 13132.
Would This Proposed AD Involve a Significant Rule or Regulatory Action?
For the reasons discussed above, I certify that this proposed
action (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) if
promulgated, 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. A copy of the draft regulatory
evaluation prepared for this action has been placed in the Rules
Docket. A copy of it may be obtained by contacting the Rules Docket at
the location provided under the caption ADDRESSES.
[[Page 70189]]
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 Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (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. FAA amends Sec. 39.13 by adding a new airworthiness directive
(AD) to read as follows:
Piaggio Aero Industries S.p.A.: Docket No. 2002-CE-47-AD
(a) What airplanes are affected by this AD? This AD affects
Model P-180 airplanes, serial numbers 1002, 1004, 1006 through
1037,1039,1040, 1042, 1043, and 1045, that are:
(1) Equipped with a toilet seat; and
(2) are certificated in any category.
(b) Who must comply with this AD? Anyone who wishes to operate
any of the airplanes identified in paragraph (a) of this AD must
comply with this AD.
(c) What problem does this AD address? The actions specified by
this AD are intended to prevent passengers from occupying the
lavatory seat during takeoff and landing. The lavatory/cabin
partition could fail and lead to passenger injury in an emergency
situation.
(d) What actions must I accomplish to address this problem? To
address this problem, you must accomplish the following:
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Actions Compliance Procedures
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(1) Fabricate a placard that Within the next The owner/operator
incorporates the following 30 days after holding at least a
words (using at least \1/4\- the effective private pilot
inch black letters on a white date of this AD, certificate as
background) and install this unless already authorized by
placard on the inside of the accomplished. section 43.7 of the
lavatory door in front of the Federal Aviation
lavatory seat: ``LAVATORY Regulations (14 CFR
SEAT CANNOT BE OCCUPIED 43.7) may fabricate
DURING TAKEOFF AND LANDING''. and install the
placard. Make an
entry into the
aircraft records
showing compliance
with these portions
of the AD in
accordance with
section 43.9 of the
Federal Aviation
Regulations (14 CFR
43.9).
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(2) Incorporate into the Within the next The owner/operator
Limitations Section of the 30 days after holding at least a
pilot operating handbook/ the effective private pilot
airplane flight manual (POH/ date of this AD, certificate as
AFM), page 4 of Piaggio Alert unless already authorized by
Service Bulletin No. ASB-80- accomplished. section 43.7 of the
0164, Original Issue: Federal Aviation
September 10, 2001. Regulations (14 CFR
43.7) may accomplish
the POH/AFM manual
insertion of this
AD. Make an entry
into the aircraft
records showing
compliance with
these portions of
the AD in accordance
with section 43.9 of
the Federal Aviation
Regulations (14 CFR
43.9).
-------------------------------
(3) As an alternative method At any time as In accordance with
of compliance to this AD, you terminating Piaggio Service
may modify the lavatory/cabin action for the Bulletin
partition. placard and POH/ (Recommended) No. SB-
AFM requirements 80-0165, Original
of this AD. Issue: September 10,
2001.
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Note 1: Information about fabricating and installing the placard
and the POH/AFM manual insertion is referenced in Piaggio Alert
Service Bulletin No. ASB-80-0164, Original Issued: September 10,
2001.
(e) Can I comply with this AD in any other way? You may use an
alternative method of compliance or adjust the compliance time if:
(1) Your alternative method of compliance provides an equivalent
level of safety; and
(2) The Standards Office Manager, Small Airplane Directorate,
approves your alternative. Submit your request through an FAA
Principal Maintenance Inspector, who may add comments and then send
it to the Standards Office Manager.
Note 2: This AD applies to each airplane identified in paragraph
(a) of this AD, regardless of whether it has been modified, altered,
or repaired in the area subject to the requirements of this AD. For
airplanes that have been modified, altered, or repaired so that the
performance of the requirements of this AD is affected, the owner/
operator must request approval for an alternative method of
compliance in accordance with paragraph (e) of this AD. The request
should include an assessment of the effect of the modification,
alteration, or repair on the unsafe condition addressed by this AD;
and, if you have not eliminated the unsafe condition, specific
actions you propose to address it.
(f) Where can I get information about any already-approved
alternative methods of compliance? Contact Doug Rudolph, Aerospace
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301,
Kansas City, Missouri 64106; telephone: (816) 329-4059; facsimile:
(816) 329-4090.
(g) What if I need to fly the airplane to another location to
comply with this AD? The FAA can issue a special flight permit under
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate your airplane to a location where
you can accomplish the requirements of this AD.
(h) How do I get copies of the documents referenced in this AD?
You may get copies of the documents referenced in this AD from
Piaggio Aero Industries S.p.A, Via Cibrario 4, 16154 Genoa, Italy;
telephone: +39 010 6481 856; facsimile: +39 010 6481. You may view
these documents at FAA, Central Region, Office of the Regional
Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106.
Note 3: The subject of this AD is addressed in Italian AD Number
2001-513, dated November 30, 2001.
Issued in Kansas City, Missouri, on November 14, 2002.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 02-29677 Filed 11-20-02; 8:45 am]
BILLING CODE 4910-13-P