[Federal Register Volume 68, Number 163 (Friday, August 22, 2003)]
[Rules and Regulations]
[Pages 50693-50696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20963]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-30-AD; Amendment 39-13277; AD 2003-17-03]
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 document supersedes Airworthiness Directive (AD) 2003-03-
14, which applies to all PIAGGIO AERO INDUSTRIES S.p.A. (PIAGGIO) Model 
P-180 airplanes. AD 2003-03-14 currently requires you to inspect and 
determine whether any firewall shutoff or crossfeed valve with a serial 
number in a certain range is installed and requires you to replace or 
modify any valve that has a serial number within this range. The 
modification consisted of reworked valves that were re-identified with 
an ``A'' at the end of the serial number. AD 2003-03-14 allows the 
pilot to check the logbook and does not require the inspection and 
replacement requirement if the check shows that one of these valves is 
definitely not installed. Since AD 2003-03-14 became effective, the 
Federal Aviation Administration (FAA) has found that the valve 
manufacturer was not correctly incorporating the modification on 
reworked valves. Consequently, the installation of modified fuel valves 
installed per AD 2003-03-14 could allow the unsafe condition to remain 
on the affected airplanes. This AD would require you to replace any 
firewall shutoff or crossfeed valve with a serial number in a certain 
range even if it has been modified per AD 2003-03-14. The actions 
specified by this AD are intended to prevent a faulty firewall shutoff 
or crossfeed valve from developing cracks and leaking fuel. This could 
result in an engine fire.

DATES: This AD becomes effective on September 3, 2003.
    The Director of the Federal Register approved the incorporation by 
reference

[[Page 50694]]

of certain publications listed in the regulation as of September 3, 
2003.
    The Federal Aviation Administration (FAA) must receive any comments 
on this rule on or before September 17, 2003.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2003-CE-30-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. 2003-CE-30-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; 
telephone: +39 010 6481 856; facsimile: +39 010 6481 374. You may view 
this information at FAA, Central Region, Office of the Regional 
Counsel, Attention: Rules Docket No. 2003-CE-30-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: S.M. Nagarajan, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4145; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

    Has FAA taken any action to this point? A ground fire on the left-
hand engine nacelle caused by a cracked crossfeed valve that had leaked 
fuel on a PIAGGIO Model P-180 airplane caused FAA to issue AD 2003-03-
14, Amendment 39-13038 (68 FR 5815, February 5, 2003).
    AD 2003-03-14 currently requires you to inspect and determine 
whether any firewall shutoff or crossfeed valve with a serial number in 
a certain range is installed and requires you to replace or modify any 
valve that has a serial number within this range. The modification 
consisted of reworked valves that were re-identified with an ``A'' at 
the end of the serial number. This AD allows the pilot to check the 
logbook and does not require the inspection and replacement requirement 
if the check shows that one of these valves is definitely not 
installed.
    What has happened since AD 2003-03-14 to initiate this proposed 
action? The Ente Nazionale per l' Aviazione Civile (ENAC), which is the 
airworthiness authority for Italy, recently notified FAA of the need to 
change AD 2003-03-14. The ENAC reports that the valve manufacturer was 
not correctly incorporating the modification on reworked valves and 
that these modified valves need to be replaced.
    Is there service information that applies to this subject? PIAGGIO 
has issued Service Bulletin No. ASB80-0191, dated February 27, 2003. 
Included as part of this service bulletin is Electromech Technologies 
SB 484-3 AB, dated February 18, 2003.
    What are the provisions of this service information? The service 
information includes:
    --A list of those Electromech part number (P/N) fuel valves that 
are affected by the unsafe condition;
    --Procedures for determining whether one of the affected fuel 
valves is installed; and
    --Instructions for replacing or modifying any affected fuel valve.
    What action did the ENAC take? The ENAC classified this service 
bulletin as mandatory and issued Italian RAI-AD 2003-119, dated April 
3, 2003, 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 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 fuel valves modified per AD 2003-03-14 should also be 
replaced;
    --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 does this AD require? This AD supersedes AD 2003-03-14 with a 
new AD that requires you to replace any firewall shutoff or crossfeed 
valve with a serial number in a certain range even if it has been 
modified per AD 2003-03-14.
    How does the revision to 14 CFR part 39 affect this AD? On July 10, 
2002, FAA published a new version of 14 CFR part 39 (67 FR 47997, July 
22, 2002), which governs FAA's AD system. This regulation now includes 
material that relates to special flight permits, alternative methods of 
compliance, and altered products. This material previously was included 
in each individual AD. Since this material is included in 14 CFR part 
39, we will not include it in future AD actions.
    Will I have the opportunity to comment prior to the issuance of the 
rule? Because the unsafe condition described in this document could 
result in an engine fire, 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.

[[Page 50695]]

    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. 2003-CE-30-AD.'' We will date stamp and mail the postcard 
back to you.

Compliance Time of This 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 shutoff and 
crossfeed valves are unsafe as a result of a quality control problem. 
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, 
FAA has determined that the compliance time of this AD should be 
presented in calendar time.

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

0
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]

0
2. FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2003-03-14, Amendment 39-13038 (68 FR 5815, February 5, 2003), and by 
adding a new AD to read as follows:

2003-17-03 Piaggio Aero Industries S.p.A.: Amendment 39-13277; 
Docket No. 2003-CE-30-AD; Supersedes AD 2003-03-14, Amendment 39-
13038.

    (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 prevent a faulty firewall shutoff or 
crossfeed valve from developing cracks and leaking fuel. This could 
result in an engine fire.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

------------------------------------------------------------------------
             Actions                  Compliance          Procedures
------------------------------------------------------------------------
(1) Maintenance Records Check:    Within 5 days       No special
 (i) Check the maintenance         after September     procedures
 records to determine whether an   3, 2003 (the        necessary to
 Electro Mech part number (P/N)    effective date of   check the
 EM484-3 firewall shutoff or       this AD), unless    logbook.
 crossfeed valve with a serial     already
 number in the range of 148        accomplished.
 through 302 (with or without an
 ``A'' at the end of the serial
 number) is installed. The owner/
 operator holding at least a
 private pilot certificate as
 authorized by section 43.7 of
 the Federal Aviation
 Regulations (14 CFR 43.7) may
 perform this check.
(ii) If, by checking the          ..................  ..................
 maintenance records, the owner/
 operator can definitely show
 that no Electro Mech P/N EM484-
 3 firewall shutoff or crossfeed
 valves with a serial number in
 the range of 148 through 302
 (with or without an ``A'' at
 the end of the serial number)
 are installed, then the
 inspection requirement of
 paragraph (d)(2) of this AD and
 the replacement requirement of
 paragraph (d)(3) of this AD do
 not apply. You must make an
 entry into the aircraft records
 that shows compliance with
 these portions of the AD in
 accordance with section 43.9 of
 the Federal Aviation
 Regulations (14 CFR 43.9).
---------------------------------
(2) Inspection: Inspect the       Within 5 days       In accordance with
 three Electro Mech P/N EM484-3    after September     PIAGGIO Aero
 firewall shutoff and crossfeed    3, 2003 (the        Industries S.p.A.
 valves to determine whether       effective date of   Service Bulletin
 they incorporate a serial         this AD), unless    No. ASB80-0191,
 number in the range of 148        already             dated February
 through 302 (with or without an   accomplished.       27, 2003; and
 ``A'' at the end of the serial                        Electromech
 number).                                              Technologies SB
                                                       484-3 AB, dated
                                                       February 18,
                                                       2003.
---------------------------------

[[Page 50696]]

 
(3) Replacement/Modification: If  Accomplish any      Replace in
 any Electro Mech P/N EM484-3      necessary           accordance with
 firewall shutoff or crossfeed     replacements or     the applicable
 valve is found that               modifications       maintenance
 incorporates a serial number in   prior to further    manual. Modify in
 the range of 148 through 302      flight after the    accordance with
 (with or without an ``A'' at      inspection          PIAGGIO Aero
 the end of the serial number),    required by         Industries S.p.A.
 accomplish one of the             paragraph (d)(2)    Service Bulletin
 following:                        of this AD,         No. ASB80-0191,
                                   unless already      dated February
                                   accomplished.       27, 2003; and
                                                       Electromech
                                                       Technologies SB
                                                       484-3 AB, dated
                                                       February 18,
                                                       2003.
(i) Install valve(s) that does
 not (do not) incorporate a
 serial number in the range of
 148 through 302 (with or
 without an ``A'' at the end of
 the serial number); or
(ii) Have any valve(s) modified
 that incorporates (incorporate)
 a serial number in the range of
 148 through 302 (with or
 without an ``A'' at the end of
 the serial number). The valve
 will be re-identified with a
 ``B'' at the end of the serial
 number.
---------------------------------
(4) Valves Modified per AD 2003-  Within 5 days       In accordance with
 03-14: Any valve modified per     after September     PIAGGIO Aero
 AD 2003-03-14 and re-identified   3, 2003 (the        Industries S.p.A.
 with an ``A'' at the end of the   effective date of   Service Bulletin
 serial number must be replaced    this AD), unless    No. ASB80-0191,
 or modified per paragraph         already             dated February
 (d)(3)(i) or (d)(3)(ii) of this   accomplished.       27, 2003; and
 AD, respectively.                                     Electromech
                                                       Technologies SB
                                                       484-3 AB, dated
                                                       February 18,
                                                       2003.
---------------------------------
(5) Spares: Do not install, on    As of September 3,  Not applicable.
 any airplane, any Electro Mech    2003 (the
 P/N EM484-3 firewall shutoff or   effective date of
 crossfeed valve that              this AD).
 incorporates a serial number in
 the range of 148 through 302
 (with or without an ``A'' at
 the end of the serial number),
 unless it has been modified as
 specified in paragraph
 (d)(3)(ii) of this AD.
------------------------------------------------------------------------

    (e) Can I comply with this AD in any other way?
    (1) To use an alternative method of compliance or adjust the 
compliance time, follow the procedures in 14 CFR 39.13. Send these 
requests to the Manager, Standards Office, Small Airplane 
Directorate. For information on any already approved alternative 
methods of compliance, contact S.M. Nagarajan, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4145; facsimile: (816) 329-
4090.
    (2) Alternative methods of compliance approved in accordance 
with AD 2003-03-14, which is superseded by this AD, are not approved 
as alternative methods of compliance with this AD.
    (f) 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. Service Bulletin No. ASB80-0191, 
dated February 27, 2003; and Electromech Technologies SB 484-3 AB, 
dated February 18, 2003. 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; telephone: +39 010 6481 856; 
facsimile: +39 010 6481 374. You may view this information 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.
    (g) Does this AD action affect any existing AD actions? This 
amendment supersedes AD 2003-03-14, Amendment 39-13038.

    Note: The subject of this AD is addressed in Italian RAI-AD 
2003-119, dated April 3, 2003.

    (h) This AD becomes effective on September 3, 2003.

    Issued in Kansas City, Missouri, on August 12, 2003.
Diane K. Malone,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-20963 Filed 8-21-03; 8:45 am]
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