[Federal Register: February 19, 2003 (Volume 68, Number 33)]
[Rules and Regulations]
[Page 7908-7910]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19fe03-6]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-CE-47-AD; Amendment 39-13056; AD 2003-04-08]
RIN 2120-AA64
Airworthiness Directives; Piaggio Aero Industries S.p.A. Model P-
180 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
applies to certain Piaggio Aero Industries S.p.A. (Piaggio) Model P-180
airplanes. This AD requires you to install a placard on the inside of
the lavatory door that prohibits occupying the lavatory seat during
takeoff and landing. This AD also requires you to incorporate a
temporary revision into the Limitations Section of the pilot operating
handbook/airplane flight manual (POH/AFM). This AD is the result of
mandatory continuing airworthiness information (MCAI) issued by the
airworthiness authority for Italy. 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.
DATES: This AD becomes effective on April 11, 2003.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the regulations as of April
11, 2003.
ADDRESSES: You may get the service information 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 374. You may view
this information at the Federal Aviation Administration (FAA), Central
Region, Office of the Regional Counsel, Attention: Rules Docket No.
2002-CE-47-AD, 901 Locust, Room 506, Kansas City, Missouri 64106; or at
the Office of the Federal Register, 800 North Capitol Street, NW.,
suite 700, Washington, DC.
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:
Discussion
What events have caused this 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.
What is the potential impact if FAA took no action? 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.
Has FAA taken any action to this point? We issued a proposal to
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to
include an AD that would apply to certain Piaggio Model P-180
airplanes. This proposal was published in the Federal Register as a
notice of proposed rulemaking (NPRM) on November 21, 2002 (67 FR
70187). The NPRM proposed to 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).
Was the public invited to comment? The FAA encouraged interested
persons to participate in the making of this amendment. We did not
receive any comments on the proposed rule or on our determination of
the cost to the public.
FAA's Determination
What is FAA's final determination on this issue? After careful
review of all available information related to the subject presented
above, we have determined that air safety and the public interest
require the adoption of the rule as proposed except for minor editorial
corrections. We have determined that these minor corrections:
[sbull] Provide the intent that was proposed in the NPRM for
correcting the unsafe condition; and
[sbull] Do not add any additional burden upon the public than was
already proposed in the NPRM.
Cost Impact
How many airplanes does this AD impact? We estimate that this AD
affects 12 airplanes in the U.S. registry.
What is the cost impact of this AD on owners/operators of the
affected airplanes? We estimate the following costs to accomplish the
placard installation:
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Parts Total cost per Total cost on U.S.
Labor cost 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 AD
What is the compliance time of this AD? The compliance time of this
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 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
[[Page 7909]]
occurring on an airplane with 50 hours TIS as it does for an airplane
with 1,000 hours TIS. Therefore, we believe that a compliance time of
30 days will:
[sbull] Ensure that the unsafe condition does not go undetected for
a long period of time on the affected airplanes; and
[sbull] Not inadvertently ground any of the affected airplanes.
Regulatory Impact
Does this AD impact various entities? The regulations adopted
herein 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. Therefore, it is determined that this final rule does not
have federalism implications under Executive Order 13132.
Does this AD involve a significant rule or regulatory action? For
the reasons discussed above, I certify that this 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) 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 final evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the Federal Aviation Administration amends 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 AD to read as follows:
2003-04-08 Piaggio Aero Industries S.p.A.: Amendment 39-13056;
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 30 days after The owner/operator holding at least a
incorporates the following words (using April 11, 2003 (the private pilot certificate as
at least \1/4\-inch black letters on a effective date of this AD), authorized by section 43.7 of the
white background) and install this unless already accomplished. Federal Aviation Regulations (14 CFR
placard on the inside of the lavatory 43.7) may fabricate and install the
door in front of the lavatory seat: placard. Make an entry into the
``LAVATORY SEAT CANNOT BE OCCUPIED aircraft records showing compliance
DURING TAKEOFF AND LANDING''. 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 Limitations Within the next 30 days after The owner/operator holding at least a
Section of the pilot operating handbook/ April 11, 2003 (the private pilot certificate as
airplane flight manual (POH/AFM), page effective date of this AD), authorized by Sec. 43.7 of the
4 of Piaggio Alert Service Bulletin No. unless already accomplished. Federal Aviation Regulations (14 CFR
ASB-80-0164, Original Issue: September 43.7) may accomplish the POH/AFM
10, 2001. 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).
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(3) As an alternative method of At any time as terminating In accordance with Piaggio Service
compliance to this AD, you may modify action for the placard and Bulletin (Recommended) No. SB-80-0165,
the lavatory/cabin partition. POH/AFM requirements of this Original Issue: September 10, 2001.
AD.
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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 Manager, Standards Office, 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 Manager, Manager, Standards Office.
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
Sec. Sec. 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) Are any service bulletins incorporated into this AD by
reference? The POH/AM requirements of this AD must be done in
[[Page 7910]]
accordance with Piaggio Alert Service Bulletin No. ASB-80-0164,
Original Issue: September 10, 2001. The procedures for accomplishing
the optional modification of this AD are contained in Piaggio
Service Bulletin (Recommended) No. SB-80-0165, Original Issue:
September 10, 2001. The Director of the Federal Register approved
this incorporation by reference under 5 U.S.C. 552(a) and 1 CFR part
51. You may get copies 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 copies at the FAA, Central
Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas
City, Missouri, or at the Office of the Federal Register, 800 North
Capitol Street, NW., Suite 700, Washington, DC.
Note 3: The subject of this AD is addressed in Italian AD Number
2001-513, dated November 30, 2001.
(i) When does this amendment become effective ? This amendment
becomes effective on April 11, 2003.
Issued in Kansas City, Missouri, on February 10, 2003.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 03-3870 Filed 2-18-03; 8:45 am]
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