[Federal Register Volume 61, Number 13 (Friday, January 19, 1996)]
[Proposed Rules]
[Pages 1306-1309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-493]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-NM-233-AD]


Airworthiness Directives; Transport Category Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to revise an existing airworthiness 
directive (AD), applicable to all transport category airplanes, that 
currently requires installation of placards prohibiting smoking in the 
lavatory and disposal of cigarettes in the lavatory waste receptacles; 
establishment of a procedure to announce to airplane occupants that 
smoking is prohibited in the lavatories; installation of ashtrays at 
certain locations; and repetitive inspections to ensure that lavatory 
waste receptacle doors operate correctly. That AD also provides for an 
alternative action regarding the requirement to install specific 
placards at certain locations. That AD was prompted by fires occuring 
in lavatories, which were caused by, among other things, the improper 
disposal of smoking materials in lavatory waste receptacles. The 
actions specified by that AD are intended to prevent such fires. This 
action would allow dispatch relief in the event a lavatory door ashtray 
is missing.

DATES: Comments must be received by March 12, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-233-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays.
    This information may be examined at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Standardization Branch, ANM-113, FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (206) 227-2113; fax (206) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 95-NM-233-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules 
Docket No. 95-NM-233-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On April 26, 1995, the FAA issued AD 74-08-09 R1, amendment 39-9214 
(60 FR 21429, May 2, 1995), which is applicable to all transport 
category airplanes. That AD revised AD 74-08-09, which required 
installation of placards prohibiting smoking in the lavatory and 
disposal of cigarettes in the lavatory waste receptacles; establishment 
of a procedure to announce to airplane occupants that smoking is 
prohibited in the lavatories; installation of ashtrays at certain 
locations; and repetitive inspections to ensure that lavatory waste 
receptacle doors operate correctly. The revised AD continues to require 
those actions. Additionally, the revised AD provides for an alternative 
action regarding the requirement to install specific placards at 
certain locations. The original AD was prompted by fires occuring in 
lavatories, which were caused by, among other things, the improper 
disposal of smoking materials in lavatory waste receptacles. The 
requirements of that AD are intended to prevent such fires.
    Since the issuance of that AD, the Air Transport Association (ATA) 
of America, on behalf of its members, filed a petition for exemption 
from certain requirements of AD 74-08-09 R1. In its petition for 
exemption, the ATA requested that the FAA allow the external cabin 
lavatory door ashtrays to be removed or missing on air carrier 
airplanes on which smoking is prohibited or on flights during which 
smoking is prohibited. The FAA denied that petition on the basis of 
reports indicating that smoking still occurs on these flights. As an 
example, 66 violations of the smoking ban were recorded on air carriers 
operating under part 121 of the Federal Aviation Regulations (14 CFR 
part 121) between January 1, 1995, and August 17, 1995. Consequently, 
on October 19, 1995, the ATA filed a petition for reconsideration of 
the denial of its petition for exemption.
    In support of its petition for reconsideration, the ATA states that 


[[Page 1307]]
violations of the smoking ban should be put into perspective. The ATA 
points out that U.S. airlines carried over 300 million passengers and 
performed approximately 4.5 million departures during that period. 
Further, while the data presented by the FAA indicate that illegal 
infrequent smoking does occur, no supporting documentation was provided 
to explain the specific circumstances regarding these instances [for 
example, where the violations occurred (i.e., inside the cabin 
lavatory, in the passenger seat, or in the aisle), and what corrective 
action was taken by the flight attendants to remedy the situation]. The 
ATA contends that, without such information, these violations cannot be 
put into proper context or serve as the basis for denial of its 
petition for exemption.
    The ATA adds that, although the FAA contends in its denial that the 
external cabin lavatory door ashtrays serve a safety function, the ATA 
believes the presence of those ashtrays serves as an open invitation 
for passengers to smoke in certain areas of the airplane. The ATA 
states that continuing to require the presence of a lavatory door 
ashtray is inexplicable in view of the FAA's approval of the removal of 
passenger seat ashtrays. The ATA considers that the required 
installation of smoke detectors and trash receptacle fire extinguishers 
provide effective safety measures with regard to the lavatory.
    The ATA contends that the introduction of the domestic smoking ban 
and widespread compliance with that ban have made the requirement for a 
lavatory door ashtray unnecessary. The ATA indicates that this 
requirement has imposed unjustifiable flight delays and cancellations 
upon the travelling and shipping public. For example, one operator, 
which flies short segments, has experienced numerous delays and 
cancellations due to the requirement; yet, the operator has reported no 
passenger violations since the smoking ban was imposed. The ATA adds 
that the domestic smoking ban is well known among the travelling 
public. Further, pre-departure briefings given by flight attendants, 
seat back safety cards, continuously lit ``No Smoking'' placards, and 
the introduction of the smoking ban on international flights by some 
carriers all reinforce the smoking prohibition.
    As an alternative to eliminating the requirement for an external 
lavatory door ashtray, the ATA suggests that the FAA develop policy to 
allow dispatch relief for operators in the event an ashtray is missing. 
The ATA believes that not allowing relief for AD-mandated systems is 
warranted in the majority of cases, but that it is apparent that 
application of that guideline is not justified in this case. The ATA 
states that the FAA defines passenger convenience items as ``those 
items related to passenger convenience, comfort or entertainment such 
as, but not limited to, galley equipment, movie equipment, ashtrays, 
stereo equipment, and overhead reading lamps, etc.'' (The ATA provides 
no citation for this definition.) The ATA adds that certain FAA orders 
specify that passenger convenience items do not have fixed repair 
intervals. The ATA concludes that the FAA has categorized the passenger 
seat ashtray as a passenger convenience item and the cabin lavatory 
door ashtray as a safety requirement (per AD 74-08-09 R1).
    The FAA does not concur with the ATA's request to allow the 
external cabin lavatory door ashtrays to be removed or missing on air 
carrier airplanes on which smoking is prohibited or on flights during 
which smoking is prohibited. Although the FAA only cited 66 reports of 
smoking on air carriers on which smoking is banned or on flights during 
which smoking is prohibited, it is evident from these reports that 
smoking still occurs where prohibited. Such smoking could pose a fire 
hazard to the airplane. The FAA finds that installing smoke detectors 
and trash receptacle fire extinguishers, as discussed by the commenter, 
would only provide a means of detecting and extinguishing a fire. 
However, the intent of this proposed AD is to prevent a fire hazard 
from occurring. The FAA finds that the requirement for an ashtray on or 
near the lavatory door provides a disposal location for cigarettes (or 
other smoking materials), and thereby ensures there is a place to 
dispose of smoking material in the event the smoking ban is not adhered 
to. Additionally, the installation of a lavatory door ashtray ensures 
that uninformed persons who find themselves with lighted smoking 
materials on the airplane will have an obvious location to dispose of 
smoking material before entering the lavatory.
    While the smoking ban is undoubtedly a positive feature that may 
contribute to safety, the FAA has determined that it does not present 
an acceptable level of safety equivalent to that addressed by the 
requirement for installation of an external lavatory door ashtray. 
Therefore, the FAA considers that requirement necessary to ensure 
adequate fire protection aboard transport category airplanes.
    The FAA acknowledges that the Master Minimum Equipment List (MMEL) 
contains a definition of passenger convenience items that includes 
ashtrays among those items. However, the commenter's assertion that the 
FAA categorizes ashtrays as passenger convenience items is incorrect. 
The FAA intends to address this issue in an action apart from this 
proposed AD. Ashtrays, including passenger seat ashtrays, are required 
equipment on most airplanes. The FAA has made a finding that if certain 
additional conditions are met, the ashtrays may be removed from the 
seats; however, part of that finding is based on the requirement that 
external lavatory door ashtrays be installed.
    However, in light of the economic burden the requirement for 
installation of a lavatory door ashtray may place on certain operators, 
the FAA finds that dispatch relief may be permitted for a period of 10 
days, provided that no more than one lavatory door ashtray is missing 
from the airplane. For airplanes on which only one lavatory door 
ashtray is installed, dispatch relief may be permitted for a period of 
3 days if the lavatory door ashtray is missing. Paragraph (d) has been 
included in this proposed rule to allow such dispatch relief.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would revise AD 74-08-09 R1 to continue to require 
installation of placards prohibiting smoking in the lavatory and 
disposal of cigarettes in the lavatory waste receptacles; establishment 
of a procedure to announce to airplane occupants that smoking is 
prohibited in the lavatories; installation of ashtrays at certain 
locations; and repetitive inspections to ensure that lavatory waste 
receptacle doors operate correctly. This AD also would continue to 
provide for an alternative action regarding the requirement to install 
specific placards at certain locations. In addition, this AD would 
allow dispatch relief in the event a lavatory door ashtray is missing.
    Since this action only provides for an alternative method of 
complying with an existing rule, it does not add any new additional 
economic burden on affected operators. The current costs associated 
with this proposed AD are reiterated below for the convenience of 
affected operators.
    The costs associated with the currently required placard 
installations entail approximately 1 work hour per airplane, at an 
average labor rate of $60 per work hour. The cost of required parts is 
negligible. Based on these figures, the total cost impact of the 
installation requirements of the 

[[Page 1308]]
proposed AD on U.S. operators is estimated to be $60 per airplane.
    The costs associated with the currently required inspections entail 
approximately 1.5 work hours per airplane per inspection, at an average 
labor rate of $60 per work hour. Based on these figures, the total cost 
impact of the inspection requirements of this proposed AD on U.S. 
operators is estimated to be $90 per airplane per inspection.
    The regulations proposed herein would not have substantial direct 
effects 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, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) 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 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, Safety.

The Proposed Amendment

    Accordingly, pursuant to 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 USC 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-9214 (60 FR 
21429, May 2, 1995), and by adding a new airworthiness directive (AD), 
to read as follows:

Transport Category Aircraft: Docket 95-NM-233-AD. Revises AD 74-08-
09 R1, Amendment 39-9214.

    Applicability: All transport category airplanes, certificated in 
any category, that have one or more lavatories equipped with paper 
or linen waste receptacles.

    Note 1: The following is a partial list of aircraft, some or all 
models of which are type certificated in the transport category and 
have lavatories equipped with paper or linen waste receptacles:

Aerospatiale Models ATR42 and ATR72 series airplanes;
Airbus Models A300, A310, A300-600, A320, A330, and A340 series 
airplanes;
Boeing Models 707, 720, 727, 737, 747, 757, and 767 series 
airplanes;
Boeing Model B-377 airplanes;
British Aircraft Models BAC 1-11 series, BAe-146 series, and ATP 
airplanes;
CASA Model C-212 series airplanes;
Convair Models CV-580, 600, 640, 880, and 990 series airplanes;
Convair Models 240, 340, and 440 series airplanes;
Curtiss-Wright Model CW 46;
de Havilland Models DHC-7 and DHC-8 series airplanes;
Fairchild Models F-27 and C-82 series airplanes;
Fairchild-Hiller Model FH-227 series airplanes;
Fokker Models F27 and F28 series airplanes;
Grumman Model G-159 series airplanes;
Gulfstream Model 1159 series airplanes;
Hawker Siddeley Model HS-748;
Jetstream Model 4101 airplanes;
Lockheed Models L-1011, L-188, L-1049, and 382 series airplanes;
Martin Model M-404 airplanes;
McDonnell Douglas Models DC-3, -4, -6, -7, -8, -9, and -10 series 
airplanes; Model MD-88 airplanes; and Model MD-11 series airplanes;
Nihon Model YS-11;
Saab Models SF340A and SAAB 340B series airplanes;
Short Brothers and Harlin Model SC-7 series airplanes;
Short Brothers Models SD3-30 and SD3-60 series airplanes.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent possible fires that could result from smoking 
materials being dropped into lavatory paper or linen waste 
receptacles, accomplish the following:
    (a) Within 60 days after August 6, 1974 (the effective date of 
AD 74-08-09, amendment 39-1917), or before the accumulation of any 
time in service on a new production aircraft after delivery, 
whichever occurs later, except that new production aircraft may be 
flown in accordance with sections 21.197 and 21.199 of the Federal 
Aviation Regulations (14 CFR 21.197 and 21.199) to a base where 
compliance may be accomplished, accomplish the requirements of 
paragraphs (a)(1) and (a)(2) of this AD.
    (1) Install a placard either on each side of each lavatory door 
over the door knob, or on each side of each lavatory door, or 
adjacent to each side of each lavatory door. The placards must 
either contain the legible words, ``No Smoking in Lavatory'' or ``No 
Smoking;'' or contain ``No Smoking'' symbology in lieu of words; or 
contain both wording and symbology; to indicate that smoking is 
prohibited in the lavatory. The placards must be of sufficient size 
and contrast and be located so as to be conspicuous to lavatory 
users. And
    (2) Install a placard on or near each lavatory paper or linen 
waste disposal receptacle door, containing the legible words or 
symbology indicating ``No Cigarette Disposal.''
    (b) Within 30 days after August 6, 1974, establish a procedure 
that requires that no later than a time immediately after the ``No 
Smoking'' sign is extinguished following takeoff, an announcement be 
made by a crewmember to inform all aircraft occupants that smoking 
is prohibited in the aircraft lavatories; except that, if the 
aircraft is not equipped with a ``No Smoking'' sign, the required 
procedure must provide that the announcement be made prior to each 
takeoff.
    (c) Except as provided by paragraph (d) of this AD: Within 180 
days after August 6, 1974, or before the accumulation of any time in 
service on a new production aircraft, whichever occurs later, except 
that new production aircraft may be flown in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to a base where compliance may be 
accomplished, install a self-contained, removable ashtray on or near 
the entry side of each lavatory door. One ashtray may serve more 
than one lavatory door if the ashtray can be seen readily from the 
cabin side of each lavatory door served.
    (d) The airplane may be operated for a period of 10 days with a 
lavatory door ashtray missing, provided that no more than one such 
ashtray is missing. For airplanes on which only one lavatory door 
ashtray is installed, the airplane may be operated for a period of 3 
days if the lavatory door ashtray is missing. This AD permits a 
lavatory ashtray to be missing, although the FAA-approved Master 
Minimum Equipment List (MMEL) may not allow such provision. In any 
case, the provisions of this AD prevail.
    (e) Within 30 days after August 6, 1974, and thereafter at 
intervals not to exceed 1,000 hours time-in-service from the last 
inspections, accomplished the following:
    (1) Inspect all lavatory paper and linen waste receptacle 
enclosure access doors and disposal doors for proper operation, fit, 
sealing, and latching for the containment of possible trash fires.
    (2) Correct all defects found during the inspections required by 
paragraph (e)(1) of this AD.
    (f) Upon the request of an operator, the FAA Principal 
Maintenance Inspector may adjust the 1,000-hour repetitive 
inspection interval specified in paragraph (e) of this AD to permit 
compliance at an established inspection period of the operator if 
the request contains data to justify the requested change in the 
inspection interval.
    (g) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 

[[Page 1309]]
21.197 and 21.199) to operate the airplane to a location where the 
requirements of this AD can be accomplished.

    Issued in Renton, Washington, on January 10, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-493 Filed 1-18-96; 8:45 am]
BILLING CODE 4910-13-U