[Federal Register Volume 75, Number 212 (Wednesday, November 3, 2010)]
[Proposed Rules]
[Pages 67639-67642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27723]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1099; Directorate Identifier 2010-CE-054-AD]
RIN 2120-AA64


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

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation

[[Page 67640]]

product. The MCAI describes the unsafe condition as:

    Compass mismatch (up to loss of heading information) were 
reported by operators, due to ferro-magnetic masses (like the 
telescopic Tow-Bar) stowed in the baggage compartment. A limitation 
was added to the approved Airplane Flight Manual, stating that the 
towing bar P/N 01-1227-0000 or similar ferromagnetic masses are 
prohibited to be carried in the baggage compartment.

    Temporary Change No. 7 to the Pilot's Operating Handbook and EASA 
Approved Airplane Flight Manual Rep. 6591, issued: February 24, 2009, 
include MCAI that has maintenance requirements and/or airworthiness 
limitations developed by Piaggio Aero Industries S.p.A. and Piaggio 
Aero Industries. These revisions are approved and considered mandatory 
by the European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community. Failure to 
comply with the MCAI constitutes an unsafe condition. The proposed AD 
would require actions that are intended to address the unsafe condition 
described in the MCAI.

DATES: We must receive comments on this proposed AD by December 20, 
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.
    For service information identified in this proposed AD, contact 
Piaggio Aero Industries S.p.A., Via Cibrario, 4-16154 Genoa, Italy; 
phone: +39 010 6481 353; fax: +39 010 6481 881; email: 
[email protected]; Internet: http://www.piaggioaero.com. You 
may review copies of the referenced service information at the FAA, 
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. 
For information on the availability of this material at the FAA, call 
816-329-4148.

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

FOR FURTHER INFORMATION CONTACT: Sarjapur Nagarajan, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas 
City, Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090.

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-2010-1099; 
Directorate Identifier 2010-CE-054-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

    Piaggio Aero Industries S.p.A. and Piaggio Aero Industries have 
issued service information (referred to after this as ``the MCAI''), to 
correct an unsafe condition for the specified products. The service 
information and limitations are considered mandatory by the EASA, which 
is the Technical Agent for the Member States of the European Community. 
The MCAI states:

    Compass mismatch (up to loss of heading information) were 
reported by operators, due to ferro-magnetic masses (like the 
telescopic Tow-Bar) stowed in the baggage compartment. A limitation 
was added to the approved Airplane Flight Manual, stating that the 
towing bar P/N 01-1227-0000 or similar ferromagnetic masses are 
prohibited to be carried in the baggage compartment.

    Temporary Change No. 7 to the Pilot's Operating Handbook and EASA 
Approved Airplane Flight Manual Rep. 6591, issued: February 24, 2009, 
include MCAI that has maintenance requirements and/or airworthiness 
limitations developed by Piaggio Aero Industries S.p.A. and Piaggio 
Aero Industries. These revisions are approved and considered mandatory 
by the EASA, which is the Technical Agent for the Member States of the 
European Community. Ferro-magnetic masses stowed in the baggage 
compartment may cause an erroneous indication from the compass (loss of 
heading information), which could result in loss of control of the 
airplane. The MCAI requires incorporating a temporary change to the 
airplane flight manual and placard installation. You may obtain further 
information by examining the MCAI in the AD docket.

Relevant Service Information

    Piaggio Aero Industries S.p.A. has issued Service Bulletin 
(Mandatory) N.: SB 80-0275, Rev. N. 0, dated June 15, 2009, and Piaggio 
Aero Industries has issued P180-Service Letter No. SL-80-0202, dated 
January 30, 2009. The actions described in this service information are 
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Differences Between This Proposed AD and the MCAI or Service 
Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the proposed AD.

[[Page 67641]]

Costs of Compliance

    We estimate that this proposed AD will affect 100 products of U.S. 
registry. We also estimate that it would take about 1 work-hour per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $85 per work-hour. Required parts would cost 
about $50 per product.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $13,500, or $135 per product.

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.
    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 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 this 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 placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, 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 adding the following new AD:

Piaggio Aero Industries S.p.A.: Docket No. FAA-2010-1099; 
Directorate Identifier 2010-CE-054-AD.

Comments Due Date

    (a) We must receive comments by December 20, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Piaggio Aero Industries S.p.A. Model 
PIAGGIO P-180 airplanes, all manufacturer serial numbers (MSN), 
certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 50: Cargo 
and Accessory Compartments.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    Compass mismatch (up to loss of heading information) were 
reported by operators, due to ferro-magnetic masses (like the 
telescopic Tow-Bar) stowed in the baggage compartment. A limitation 
was added to the approved Airplane Flight Manual, stating that the 
towing bar P/N 01-1227-0000 or similar ferromagnetic masses are 
prohibited to be carried in the baggage compartment.

Temporary Change No. 7 to the Pilot's Operating Handbook and EASA 
Approved Airplane Flight Manual Rep. 6591, issued: February 24, 
2009, include MCAI that has maintenance requirements and/or 
airworthiness limitations developed by Piaggio Aero Industries 
S.p.A. and Piaggio Aero Industries. These revisions are approved and 
considered mandatory by the European Aviation Safety Agency (EASA), 
which is the Technical Agent for the Member States of the European 
Community. Failure to comply with the MCAI constitutes an unsafe 
condition. The MCAI requires incorporating a temporary change to the 
airplane flight manual and placard installation.

Actions and Compliance

    (f) Unless already done, within 5 flights after the effective 
date of this AD, do the following actions:
    (1) For MSN 1004 through 1104: Incorporate Temporary Change No. 
7 to the Pilot's Operating Handbook and EASA Approved Airplane 
Flight Manual Rep. 6591, issued: February 24, 2009, in the 
Limitations Section following Piaggio Aero Industries S.p.A. Service 
Bulletin (Mandatory) N.: SB 80-0275, Rev. N. 0, dated June 15, 2009.
    (2) For MSN 1105 and subsequent: Incorporate Temporary Change 
No. 11 to the EASA Approved Airplane Flight Manual Rep. 180-MAN-
0010-01100, issued: February 24, 2009, in the Limitations Section 
following Piaggio Aero Industries S.p.A. Service Bulletin 
(Mandatory) N.: SB 80-0275, Rev. N. 0, dated June 15, 2009, and 
Piaggio Aero Industries P180-Service Letter No. SL-80-0202, dated 
January 30, 2009.
    (3) All MSN: Install the part number 80K347593-005 limitation 
placard in the front of the baggage compartment door following 
Piaggio Aero Industries S.p.A. Service Bulletin (Mandatory) N.: SB 
80-0275, Rev. N. 0, dated June 15, 2009.

FAA AD Differences

    Note:  This AD differs from the MCAI and/or service information 
as follows: Revisions and changes to the Limitations Section of the 
AFM are mandatory in Europe as part of the European regulatory 
process upon issuance by the type certificate holder. The FAA must 
mandate any such changes through rulemaking, specifically in this 
case an airworthiness directive.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, 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: Sarjapur Nagarajan, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, a federal agency may not conduct or sponsor, and a person 
is not required to respond to, nor shall a person be subject to a 
penalty for failure to comply with a collection of information 
subject to the requirements of the Paperwork Reduction Act unless 
that collection of information displays a current

[[Page 67642]]

valid OMB Control Number. The OMB Control Number for this 
information collection is 2120-0056. Public reporting for this 
collection of information is estimated to be approximately 5 minutes 
per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave., 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

Related Information

    (h) Refer to Piaggio Aero Industries S.p.A. Service Bulletin 
(Mandatory) N.: SB 80-0275, Rev. N. 0, dated June 15, 2009, and 
Piaggio Aero Industries P180-Service Letter No. SL-80-0202, dated 
January 30, 2009, for related information. For service information 
related to this AD, contact Piaggio Aero Industries S.p.A., Via 
Cibrario, 4-16154 Genoa, Italy; phone: +39 010 6481 353; fax: +39 
010 6481 881; email: [email protected]; Internet: http://www.piaggioaero.com. You may review copies of the referenced service 
information at the FAA, Small Airplane Directorate, 901 Locust, 
Kansas City, Missouri 64106. For information on the availability of 
this material at the FAA, call 816-329-4148.

    Issued in Kansas City, Missouri, on October 28, 2010.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-27723 Filed 11-2-10; 8:45 am]
BILLING CODE 4910-13-P