[Federal Register Volume 67, Number 224 (Wednesday, November 20, 2002)]
[Rules and Regulations]
[Pages 69994-69996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29133]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-CE-48-AD; Amendment 39-12954; AD 2002-23-10]
RIN 2120-AA64


Airworthiness Directives; Piaggio Aero Industries S.p.A. Model P-
180 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to all Piaggio Aero Industries S.p.A. Model P-180 airplanes. 
This AD requires you to inspect for proper clearance between the first 
outboard flap control rod and the bleed air duct for interference, 
replace worn or damaged parts or correct interference, and adjust 
clearance. 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 detect and correct 
interference or damage of the first outboard flap control rod and bleed 
air duct, which could result in failure of the flap control rod. Such 
failure could lead to loss of airplane control.

DATES: This AD becomes effective on December 17, 2002.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulation as of 
December 17, 2002.
    The Federal Aviation Administration (FAA) must receive any comments 
on this rule on or before January 22, 2003.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2002-CE-48-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: [email protected]. 
Comments sent electronically must contain ``Docket No. 2002-CE-48-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 the service information referenced in this AD from 
Piaggio Aero Industries S.p.A., Via Cibrario 4, 16154 Genoa, Italy. You 
may view this information at FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2002-CE-48-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 that an unsafe 
condition may exist on all Piaggio Model P-180 airplanes. The ENAC 
reports an incorrect installation with insufficient clearance between 
the first outboard flap control rod and the bleed air duct. This caused 
interference with consequent loss of flap control.

What Are the Consequences If the Condition Is Not Corrected?

    The failure of the flap control rod could lead to loss of airplane 
control.

Is There Service Information That Applies to This Subject?

    PIAGGIO has issued Alert Service Bulletin No. 80-0182, Original 
Issue: June 7, 2002.
    The service bulletin includes procedures for:

--Inspecting for interference between the first outboard flap control 
rod and bleed air duct, and inspecting for damage or wear in this area;
--Replacing damaged parts or correcting interference; and
--Correcting where clearance is less than the correct value, but no 
interference is found.

What Action Did the ENAC Take?

    The ENAC classified this service bulletin as mandatory and issued 
Italian AD Number 2002-442, dated August 22, 2002, 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 us informed of the situation described above.

The FAA's Determination and an Explanation of the Provisions of This 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;
--The actions specified in the previously-referenced service 
information (as specified in this AD) should be accomplished on the 
affected airplanes; and
--AD action should be taken in order to correct this unsafe condition.

What Does This AD Require?

    This AD requires you to incorporate the actions in the previously-
referenced service bulletin.
    In preparation of this rule, we contacted type clubs and aircraft 
operators to obtain technical information and information on 
operational and economic impacts. We did not receive any information 
through these contacts. If received, we would have included, in the 
rulemaking docket, a discussion of any information that may have 
influenced this action.

Will I Have the Opportunity To Comment Prior to the Issuance of the 
Rule?

    Because the unsafe condition described in this document could 
result

[[Page 69995]]

in failure of the flap control rod and loss of airplane control, we 
find that notice and opportunity for public prior comment are 
impracticable. Therefore, good cause exists for making this amendment 
effective in less than 30 days.

Comments Invited

How Do I Comment on This AD?

    Although this action is in the form of a final rule and was not 
preceded by notice and opportunity for public comment, FAA invites your 
comments on the 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 specified above. We may amend this rule in light of 
comments received. Factual information that supports your ideas and 
suggestions is extremely helpful in evaluating the effectiveness of 
this AD action and determining whether we need to take additional 
rulemaking action.

Are There Any Specific Portions of This AD I Should Pay Attention to?

    We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the 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 FAA contact 
with the public that concerns the substantive parts of this AD.

How Can I Be Sure FAA Receives My Comment?

    If you want us to acknowledge the receipt of your comments, you 
must include a self-addressed, stamped postcard. On the postcard, write 
``Comments to Docket No. 2002-CE-48-AD.'' We will date stamp and mail 
the postcard back to you.

Compliance Time of this AD

What Is the Compliance Time of This AD?

    The compliance time of this AD is within the next 15 days after the 
effective date of the AD.

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 affected first outboard flap control rod and 
bleed air duct components are unsafe as a result of an incorrect 
installation. The problem has the same chance of existing 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 15 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

Does This AD Impact Various Entities?

    These regulations 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, FAA has determined that this 
final rule does not have federalism implications under Executive Order 
13132.

Does This AD Involve a Significant Rule or Regulatory Action?

    We have determined that this regulation is an emergency regulation 
that must be issued immediately to correct an unsafe condition in 
aircraft, and is not a significant regulatory action under Executive 
Order 12866. It has been determined further that this action involves 
an emergency regulation under DOT Regulatory Policies and Procedures 
(44 FR 11034, February 26, 1979). If it is determined that this 
emergency regulation otherwise would be significant under DOT 
Regulatory Policies and Procedures, a final regulatory evaluation will 
be prepared and placed in the Rules Docket (otherwise, an evaluation is 
not required). A copy of it, if filed, may be obtained from the Rules 
Docket.

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 airworthiness directive 
(AD) to read as follows:

2002-23-10 Piaggio Aero Industries S.P.A.: Amendment 39-12954; 
Docket No. 2002-CE-48-AD

    (a) What airplanes are affected by this AD? This AD affects 
Model P-180 airplanes, all serial numbers, that 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 detect and correct interference or damage of 
the first outboard flap control rod and bleed air duct, which could 
result in failure of the flap control rod. Such failure could lead 
to loss of airplane control.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Inspect the first         Within the next 15    In accordance with
 outboard flap control rod     days after December   the Accomplishment
 part number (P/N) C132761-    17, 2002 (the         Instructions in
 1, and the bleed air ducts,   effective date of     Piaggio Aero
 P/N 80-247475-405 (left-      the AD), unless       Industries S.p.A.
 hand wing), and P/N 80-       already               Alert Service
 247475-407 (right-hand        accomplished.         Bulletin No.: ASB-
 wing) for required                                  80-0182, Original
 clearance and wear/damage.                          Issue: June 7,
                                                     2002.
(2) If interference or wear/  Accomplish any        In accordance with
 damage is found during the    necessary             the Accomplishment
 inspection required in        replacements or       Instructions in
 paragraph (d)(1) of this      correct               Piaggio Aero
 AD, correct the               interference prior    Industries S.p.A.
 interference and replace      to further flight     Alert Service
 any damaged parts.            after the             Bulletin No.: ASB-
                               inspection required   80-0182, Original
                               by paragraph (d)(1)   Issue: June 7,
                               of this AD, unless    2002, and the
                               already               applicable
                               accomplished.         maintenance manual.

[[Page 69996]]

 
(3) If neither wear/damage    Accomplish any        In accordance with
 nor interference is found     necessary             the Accomplishment
 but the clearance between     adjustment prior to   Instructions in
 the first outboard flap       further flight        Piaggio Aero
 control rod and bleed air     after the             Industries S.p.A.
 duct on both the left- and    inspection required   Alert Service
 right-hand side is less       by paragraph (d)(1)   Bulletin No.: ASB-
 than the correct value,       of this AD, unless    80-0182, Original
 adjust to the correct         already               Issue: June 7,
 value, adjust to the          accomplished.         2002, and the
 correct value specified in                          applicable
 the service bulletin.                               maintenance manual.
(4) If no wear/damage or      Not Applicable......  Not Applicable.
 interference is found and
 the clearance between the
 first outboard flap control
 rod and bleed air duct on
 both the left- and right-
 hand side is correct, no
 further action is required.
------------------------------------------------------------------------

    (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 1: 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) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance 
with Piaggio Aero Industries S.p.A. Alert Service Bulletin No. 80-
0182, dated June 7, 2002. The Director of the Federal Register 
approved this incorporation by reference under 5 U.S.C. 552(a) and 1 
CFR part 51. You can get copies from Piaggio Aero Industries S.p.A, 
Via Cibrario 4, 16154 Genoa, Italy. You may view copies at 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.
    (i) When does this amendment become effective? This amendment 
becomes effective on December 17, 2002.

    Note 2: The subject of this AD is addressed in Italian AD No. 
2002-442, issued August 22, 2002.


    Issued in Kansas City, Missouri, on November 8, 2002.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 02-29133 Filed 11-19-02; 8:45 am]
BILLING CODE 4910-13-P