[Federal Register Volume 75, Number 193 (Wednesday, October 6, 2010)]
[Proposed Rules]
[Pages 61657-61660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25124]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0956; Directorate Identifier 2010-NM-018-AD]
RIN 2120-AA64


Airworthiness Directives; Transport Category Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to revise an existing airworthiness directive 
(AD) that applies to transport category airplanes that have one or more 
lavatories equipped with paper or linen waste receptacles. The existing 
AD 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. This proposed 
revision to the AD would extend the time an airplane may be operated 
with certain missing ashtrays. This proposed revision to the AD was 
prompted by the determination that certain compliance times required by 
the existing AD could be extended and still address fires occurring in 
lavatories caused by, among other things, the improper disposal of 
smoking materials in lavatory waste receptacles. The proposed revision 
to the AD would continue to prevent possible fires that could result 
from smoking materials being dropped into lavatory paper or linen waste 
receptacles.

DATES: We must receive comments on this proposed AD by November 22, 
2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office

[[Page 61658]]

(telephone 800-647-5527) is in the ADDRESSES section. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Alan Sinclair, Aerospace Engineer, 
Airframe/Cabin Safety Branch, ANM-115, Transport Airplane Directorate, 
FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
425-227-2195; fax 425-227-1232.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0956; 
Directorate Identifier 2010-NM-018-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On June 17, 1996, we issued AD 74-08-09 R2, amendment 39-9680 (61 
FR 32318, June 24, 1996), for transport category airplanes that have 
one or more lavatories equipped with paper or linen waste receptacles. 
Revision 2, as well as previous versions of the AD, 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. The original AD resulted from fires 
occurring in lavatories caused by, among other things, the improper 
disposal of smoking materials in lavatory waste receptacles. We issued 
that AD, and subsequent versions of the AD, to prevent possible fires 
that could result from smoking materials being dropped into lavatory 
paper or linen waste receptacles.

Actions Since Existing AD Was Issued

    Since we issued AD 74-08-09 R2, we have been advised that the 
current required replacement schedule for missing or inoperative 
ashtrays may be overly conservative and burdensome on operators. We 
have determined that slightly extending the time an airplane may be 
operated with missing or inoperative ashtrays will not compromise 
safety. We have adjusted the compliance time accordingly in paragraph 
(j) of this NPRM.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified that an 
unsafe condition continues to exist or could develop on any transport 
category airplane that has one or more lavatories equipped with paper 
or linen waste receptacles. For this reason, we are proposing this AD, 
which would revise AD 74-08-09 R2 and would retain the requirements of 
the existing AD. This proposed AD would simply extend the time an 
airplane may be operated with some ashtrays missing or inoperative.

Changes to Existing AD

    We have added paragraph (m) to this proposed AD to include the 
standard provision for operators to request approval of an alternative 
method of compliance (AMOC). This provision did not appear in AD 74-08-
09 R2. Since the issuance of that AD, we issued Part 252 of the Federal 
Aviation Regulations (14 CFR part 252), ``Smoking Aboard Aircraft,'' 
which bans smoking of tobacco products on certain flights. Therefore, 
the risk associated with the identified unsafe condition in this 
proposed AD has been reduced significantly. In light of this, we have 
determined that an AMOC provision may be added to this proposed AD.
    We have revised the applicability of AD 74-08-09 R2 to provide the 
list of manufacturers of current known transport category airplanes 
holding U.S. type certificates.
    This proposed AD would retain the requirements of AD 74-08-09 R2. 
Since AD 74-08-09 R2 was issued, the AD format has been revised, and 
certain paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this proposed AD, as listed in 
the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                            Corresponding requirement in
       Requirement in AD 74-08-09 R2              this proposed AD
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paragraph (a).............................  paragraph (g).
paragraph (b).............................  paragraph (h).
paragraph (c).............................  paragraph (i).
paragraph (d).............................  paragraph (j).
paragraph (e).............................  paragraph (k).
paragraph (f).............................  paragraph (l).
------------------------------------------------------------------------

Costs of Compliance

    This action merely extends a certain compliance time and does not 
add any new additional economic burden on affected operators. The 
relief provided by this proposed AD would 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 reduced costs to affected operators since it will reduce the 
potential interruptions in service to reinstall the ashtrays. The 
current costs associated with this AD are provided below for the 
convenience of affected operators. The following table provides the 
estimated costs for U.S. operators to comply with this proposed AD.

                                                 Estimated Costs
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                                              Average labor
            Action               Work hours   rate per hour        Parts               Cost per airplane
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Placard installations.........            1             $85  Negligible......  $85.
Inspections...................            2             $85  $0..............  $170 per inspection cycle.
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Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.

[[Page 61659]]

    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and place it in the AD docket. See the 
ADDRESSES section for a location to examine the regulatory evaluation.

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 FAA proposes to amend 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. The FAA amends Sec.  39.13 by removing amendment 39-9680 (61 FR 
32318, June 24, 1996) and adding the following new AD:

Transport Category Airplanes: Docket No. FAA-2010-0956; Directorate 
Identifier 2010-NM-018-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by November 
22, 2010.

Affected ADs

    (b) This AD revises AD 74-08-09 R2, Amendment 39-9680.

Applicability

    (c) This AD applies to transport category airplanes, 
certificated in any category, that have one or more lavatories 
equipped with paper or linen waste receptacles. These lavatories may 
be on various airplanes, identified in but not limited to the 
airplanes of the manufacturers included in Table 1 of this AD.

                       Table 1--Affected Airplanes
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                          Airplane manufacturer
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328 Support Services GmbH (Type Certificate previously held by AvCraft
 Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH).
AEROSPATIALE (Societe Nationale Industrielle Aerospatiale).
Airbus.
ATR--GIE Avions de Transport R[eacute]gional.
BAE Systems (Operations) Limited.
The Boeing Company.
Bombardier, Inc.
British Aerospace Regional Aircraft.
Cessna Aircraft Company.
DASSAULT AVIATION.
EADS CASA (Type Certificate previously held by Construcciones
 Aeronauticas, S.A.).
Empresa Brasileira de Aeronautica S.A. (EMBRAER).
Fokker Services B.V.
Gulfstream Aerospace Corporation/
Gulfstream Aerospace LP (Type Certificate previously held by Israel
 Aircraft Industries, Ltd.).
Hamburger Flugzeugbau GmbH.
Hawker Beechcraft Corporation (Type Certificate previously held by
 Raytheon Aircraft Company; Beech Aircraft Corporation).
Israel Aircraft Industries, Ltd.
Learjet Inc.
Lockheed Aircraft Corporation.
Lockheed Martin Corporation/Lockheed Martin Aeronautics Company.
Maryland Air Industries, Inc.
McDonnell Douglas Corporation.
Mitsubishi Heavy Industries, Ltd.
Saab AB, Saab Aerosystems.
Sabreliner Corporation.
Short Brothers PLC.
Vickers-Armstrongs (Aircraft Limited).
Viking Air Limited (Type Certificate previously held by Bombardier,
 Inc.).
------------------------------------------------------------------------

Subject

    (d) Air Transport Association (ATA) of America Code 25: 
Equipment/furnishings.

Unsafe Condition

    (e) This revision to the AD was prompted by the determination 
that certain compliance times required by the existing AD may be 
extended and still address fires occurring in lavatories caused by, 
among other things, the improper disposal of smoking materials in 
lavatory waste receptacles. This proposed revision to the AD would 
continue to prevent possible fires that could result from smoking

[[Page 61660]]

materials being dropped into lavatory paper or linen waste 
receptacles.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Restatement of Requirements of AD 74-08-09 R2, Amendment 39-9680, With 
Revised Compliance Times in Paragraph (j)

Placard Installation

    (g) 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 (g)(1) and (g)(2) of this AD.
    (1) Install a placard 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 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.''

Announcement Procedures

    (h) 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 provide that the announcement be made prior to each 
takeoff.

Ashtray Installation

    (i) Except as provided by paragraph (j) 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.
    (j) An airplane with multiple lavatory doors may be operated 
with up to 50 percent of the lavatory door ashtrays missing or 
inoperative, provided 50 percent of the missing or inoperative 
ashtrays are replaced within 3 days and all remaining missing or 
inoperative ashtrays are replaced within 10 days. An airplane with 
only 1 lavatory door may be operated for a period of 10 days with 
the lavatory door ashtray missing or inoperative.


    Note 1: 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.


    (k) 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 (k)(1) of this AD.
    (l) Upon the request of an operator, the FAA Principal 
Maintenance Inspector (PMI) may adjust the 1,000-hour repetitive 
inspection interval specified in paragraph (k) 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.

Alternative Methods of Compliance (AMOCs)

    (m)(1) The Manager, Airframe/Cabin Safety Branch, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested using the procedures found in 14 CFR 39.19. 
Send information to Attn: Alan Sinclair, Aerospace Engineer, 
Airframe/Cabin Safety Branch, ANM-115, Transport Airplane 
Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 227-2195; fax 425-227-1232.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your PMI or principal avionics inspector (PAI), as 
appropriate, or lacking a principal inspector, your local Flight 
Standards District Office. The AMOC approval letter must 
specifically reference this AD.


    Issued in Renton, Washington, on September 30, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-25124 Filed 10-5-10; 8:45 am]
BILLING CODE 4910-13-P