[Federal Register Volume 68, Number 33 (Wednesday, February 19, 2003)]
[Rules and Regulations]
[Pages 7908-7910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3870]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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:

----------------------------------------------------------------------------------------------------------------
                                                                      Parts   Total cost per  Total cost on U.S.
                             Labor cost                                cost      airplane          operators
----------------------------------------------------------------------------------------------------------------
1 workhour x $60 = $60.............................................      $20             $80     12 x $80 = $960
----------------------------------------------------------------------------------------------------------------

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:

----------------------------------------------------------------------------------------------------------------
                 Actions                            Compliance                          Procedures
----------------------------------------------------------------------------------------------------------------
(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).
-----------------------------------------
(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).
-----------------------------------------
(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.
-----------------------------------------
----------------------------------------------------------------------------------------------------------------


    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]
BILLING CODE 4910-13-P