[Federal Register Volume 61, Number 122 (Monday, June 24, 1996)]
[Rules and Regulations]
[Pages 32318-32322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15957]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-NM-233-AD; Amendment 39-9680; AD 74-08-09 R2]
RIN 2120-AA64
Airworthiness Directives; Transport Category Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment revises 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 was prompted by fires
occurring 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 amendment revises the existing AD to allow dispatch relief in the
event a lavatory door ashtray is missing.
EFFECTIVE DATE: July 29, 1996.
ADDRESSES: Information pertaining to this rulemaking may be examined at
the Federal Aviation Administration (FAA), Transport Airplane
Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, Washington.
FOR FURTHER INFORMATION CONTACT: Norman Martenson, Manager,
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: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) by revising AD 74-08-09 R1,
amendment 39-9214 (60 FR 21429, May 2, 1995), which is applicable to
all transport category airplanes, was published in the Federal Register
on
[[Page 32319]]
January 19, 1996 (61 FR 1306). AD 74-08-09 R1 currently requires:
1. installation of placards prohibiting smoking in the lavatory and
disposal of cigarettes in the lavatory waste receptacles;
2. establishment of a procedure to announce to airplane occupants
that smoking is prohibited in the lavatories;
3. installation of ashtrays at certain locations; and
4. 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.
The proposal specified the FAA's intent to revise AD 74-08-09 R1 by
adding a provision that would allow for dispatch relief in the event a
lavatory door ashtray is missing from the airplane.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Support for the Proposal
Five commenters support the proposal.
Request To Revise Terminology of Dispatch Relief Provision
One commenter requests that proposed paragraph (d) be revised to
change the terminology used in the provision for dispatch relief. The
commenter requests that the provision specify the time for continued
dispatch in terms of ``flight days,'' rather than merely ``days.'' The
commenter states that the definition of ``flight day'' is recognized by
the FAA in documents such as the Master Minimum Equipment List (MMEL),
and using this terminology in the proposed rule would further clarify
the requirements.
The FAA does not concur. Use of the term ``flight day'' rather than
``(calendar) day'' for compliance terms in this AD could delay the re-
installation of the ashtray on the airplane for an unduly long period
of time. Moreover, the MMEL for most affected transport airplanes
specifies ``calendar days'' in its description of the ``Maximum Times
Between Deferral and Repair;'' therefore, this term used as a
compliance time is appropriate and should be familiar to affected
operators.
The FAA's intent is that, if the ashtray(s) is removed, the
airplane should be allowed to continue to operate for the minimum
amount of time that it would take, under normally scheduled operations,
to reach a main base where the ashtray can be replaced. The FAA has
determined that the terms of the dispatch relief provisions, as
proposed, will allow such normal operation to occur (without schedule
interruptions) and the ashtray to be replaced in a timely manner.
Request To Revise Number of Days of Dispatch Relief
Several commenters request that the dispatch relief provision of
proposed paragraph (d) be revised to account for the various types and
configurations of transport aircraft that are affected, and to ensure
that no airplane is grounded because of the absence of ``a component
that does not affect the airworthiness of the airplane.''
The commenters point out that, as proposed, the rule would allow
operation of a single-lavatory airplane for three days with its only
lavatory door ashtray missing. This group of airplanes could include
certain Boeing Model 737 airplanes, McDonnell Douglas Model DC-9
airplanes, Fokker Model 100 airplanes, and regional airplanes that seat
100 or fewer passengers. However, other similarly-configured models
(i.e., certain Model 737's and Model DC-9's) that have 100 or fewer
seats, but are equipped with two lavatories, could not be dispatched if
both of the airplane's two lavatory door ashtrays were missing.
The commenters request that the proposal be revised to allow
single- or dual-lavatory airplanes to continue to operate for three
days if one or both ashtrays are missing. The commenters assert that
operating a dual-lavatory, 100-seat airplane without ashtrays for three
days is no less safe than operating a single-lavatory 100-seat airplane
that has its only ashtray missing for three days. The commenters
maintain that the proposed rule should not discriminate between these
two configurations.
Further, the commenters note that airplanes equipped with multiple
lavatories (and, thus, multiple lavatory door ashtrays) could not be
dispatched if more than one lavatory door ashtray is missing; the
commenters contend that this feature of the proposed rule potentially
could ground wide-body airplanes such as McDonnell Douglas Model DC-
10's, Lockheed Model L-1011's, and Boeing Model 747's, and thereby
interrupt flight schedules. These commenters also request that the
proposal be revised to provide airplanes with three or more lavatories
additional dispatch relief in the event that more than one lavatory
door ashtray is missing. For these airplanes, they suggest the
following revised wording:
``1. At multiple or cluster lavatories co-located (two or more
adjacent lavatories), the airplane may be operated for a period of 10
days if the lavatory door ashtrays are missing, provided that the
remaining ashtray(s) can be seen readily from the cabin side of the
lavatory door(s) with the missing door ashtray.
2. At single lavatory locations, the airplane may be operated for a
period of 3 days if one lavatory door ashtray is missing, provided
other lavatory door ashtrays are installed [and can be seen readily
from the cabin side of the lavatory door(s) with the missing door
ashtray].''
The FAA does not concur with the commenters' requests, and does not
consider that additional dispatch relief is appropriate.
First, contrary to the commenters' description of the lavatory door
ashtray as a component that does not affect the airworthiness of the
airplane, the FAA has determined that the ashtrays serve an important
safety function and, therefore, must be considered required equipment.
This AD was issued as a result of numerous fires that occurred in the
lavatory paper and linen receptacles on transport category airplanes,
which were caused by smoking materials deposited by passengers or crew.
Such fires can be a significant threat to the safety of all persons on
the airplane because of the emission of toxic smoke and the possibility
of the fire progressing to critical components. The FAA has determined
that the requirements of this AD are necessary in order to ensure
adequate, comprehensive fire protection aboard transport category
airplanes. The requirement for an ashtray on or near the lavatory door
ensures that there is a safe, convenient, and obvious place to dispose
of smoking material (especially, in cases where the current regulations
imposing a ``no smoking policy'' aboard the airplane are not adhered to
either by passengers, crew, or maintenance personnel).
Second, in developing the time intervals for allowing continued
operation of an airplane with fewer than the required number of
lavatory door ashtrays, the FAA considered not only the safety
implications (associated with operating an airplane without a component
that affects the airworthiness of the airplane), but experiences
obtained from working both with operators and with the MMEL system. The
FAA's reasoning behind the dispatch relief specified in this rule is
based on several factors:
1. With respect to airplanes equipped with a single lavatory, which
are
[[Page 32320]]
normally smaller transports that operate on shorter routes, the FAA
considers that those airplanes can operate safely in today's
environment, without a lavatory door ashtray, for the time that it
takes to get the airplane back to a maintenance base for reinstallation
of the ashtray. For those airplanes, the FAA generally defines that
amount of time as three days.
2. With respect to airplanes equipped with two or more lavatories,
which are normally larger transports that operate on longer routes, the
FAA considered worst-case situations, for example, where an airplane
may be scheduled to do a double or triple turn-around from two
international points. In such a situation, it could take as long as 10
days to get the airplane back to its main base where a missing ashtray
could be re-installed.
3. Additionally, the 10-day period of dispatch relief for multiple-
lavatory airplanes with one ashtray missing is the same interval as the
standard definition ``Category C'' item in the MMEL for repair
intervals (relative to inoperative systems or components) for almost
all transport category airplanes; Category C is the ``category of
choice'' for approximately 85% to 90% of all items in the MMEL.
Therefore, the FAA considers that this time period could be easily
managed by air carrier maintenance programs and should not pose a
problem for operators.
Third, regarding airplanes equipped with multiple lavatories, the
FAA considers that affected operators should examine why more than one
lavatory door ashtray could be missing from these airplanes. It is
understandable that occasionally, through carelessness, damage, or
deliberate pilfering, an ashtray could be removed from an airplane;
however, this should be a highly unusual event. Having two (or more)
lavatory door ashtrays missing from a single airplane should be
extremely remote. If this is occurring regularly, operators should
examine their current policy and practices regarding ashtray
maintenance.
The FAA finds no reasonable justification for allowing dispatch
relief for periods of time longer than those as proposed, or for
allowing more than one lavatory door ashtray to be missing on an
airplane that is equipped with more than one lavatory. The FAA finds
that the dispatch relief provided by this final rule not only will
ensure safety, but will impose no undue economic burden on any
operator.
Request To Allow Ashtrays To Be Relocated
These same commenters request that the proposal be revised to give
operators of larger airplanes the flexibility to move remaining
ashtrays to different parts of the cabin if one ashtray is missing.
In response to this request, the FAA points out that paragraph (c)
of the AD, as well as part 25 of the Federal Aviation Regulations (FAR)
(25 CFR 25), already permit a configuration where one ashtray may serve
more than one lavatory door if the ashtray can be seen readily from the
cabin side of the lavatory door served. Further, nothing prohibits an
operator from moving or relocating ashtrays within the cabin to meet
this requirement. Therefore, no revision to the AD is necessary with
regard to this request.
Request To Include a Provision for Alternative Methods of
Compliance
One commenter requests that the proposal be revised to include a
provision that would allow operators to request the use of alternative
methods of compliance (AMOC) with the AD. The commenter notes that most
other AD's include such a provision, and that the FAA's own policy
guidance stipulates that AD's should include an AMOC provision. The
commenter requests that the proposal be revised to meet that policy.
The FAA does not concur that an AMOC provision is appropriate for
this particular AD. As the commenter correctly points out, the FAA's
normal policy (reference FAA Document FAA-AIR-M-8040.1, ``Airworthiness
Directives'') is that an AMOC provision ``should be provided for in
each AD,'' and the majority of AD's issued do contain such a provision.
For typical AD's, the FAA is not aware, at the time of AD issuance, of
the range of alternative methods that may exist for complying with the
AD; it is for this reason that including an AMOC provision in those
AD's is appropriate.
However, this AD is an exception: It has existed more or less in
its current form for over 20 years and, during that time, the FAA has
not been presented with a single acceptable alternative method of
compliance with it. All suggestions and requests that have been
submitted to the FAA (mainly in the form of requests for exemption from
the AD requirements) have been found to be unacceptable in that they
would provide neither an equivalent nor an acceptable level of safety
to that provided by the requirements of the AD itself.
In light of this, the FAA has determined that including an AMOC
provision in this AD at this time would not be productive.
The FAA points out that paragraph (f) of the AD does provide
operators a means for some alternative actions. It permits an
adjustment of the time interval for the required repetitive inspections
of the waste receptacle enclosure doors and disposal doors, if data are
presented to the FAA to justify such an adjustment. [However, the FAA
points out that the majority of U.S. operators of transport category
airplanes are conducting these inspections at the specified 1,000-hour
interval (some are conducting the inspections more frequently), and
many have found discrepancies during the 1,000-hour inspections. In
light of this, the FAA continues to conclude that the currently
required inspection interval is appropriate, since it ensures that any
discrepancy will be identified and corrected in a timely manner.]
Conclusion
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule as proposed.
Cost Impact
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. In fact, the dispatch relief
provided by this AD will allow operators to continue to operate
airplanes without the required number of ashtrays for a longer period
of time than was previously permitted. This will result in a reduction
in costs to affected operators, since it will eliminate potential
interruptions in service or special scheduling at maintenance bases
that otherwise would be necessary in order to reinstall missing
ashtrays.
The current costs associated with this 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 this 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
[[Page 32321]]
the inspection requirements of this AD on U.S. operators is estimated
to be $90 per airplane per inspection.
Regulatory Impact
The regulations adopted herein will 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 final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
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 final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from 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.
Adoption of the Amendment
Accordingly, pursuant to 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. Section 39.13 is amended by removing amendment 39-9214 (60 FR
21429, May 2, 1995), and by adding a new airworthiness directive (AD),
amendment 39-9680, to read as follows:
74-08-09 R2 Transport Category Aircraft: Amendment 39-9680. 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 be 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.
Note 2: This AD permits a lavatory door 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, accomplish 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 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(h) This amendment becomes effective on July 29, 1996.
[[Page 32322]]
Issued in Renton, Washington, on June 17, 1996.
James V. Devany,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-15957 Filed 6-21-96; 8:45 am]
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