[Federal Register Volume 67, Number 225 (Thursday, November 21, 2002)]
[Proposed Rules]
[Pages 70187-70189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29677]


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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: [email protected]. 
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:

----------------------------------------------------------------------------------------------------------------
                                                                             Total Cost Per   Total Cost on U.S.
                       Labor Cost                            Parts Cost         Airplane           Operators
----------------------------------------------------------------------------------------------------------------
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:

------------------------------------------------------------------------
            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).
-------------------------------
(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.
------------------------------------------------------------------------


    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