[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Rules and Regulations]
[Pages 55362-55366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17575]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1712; Project Identifier MCAI-2023-00821-A; 
Amendment 39-22523; AD 2023-16-04]
RIN 2120-AA64


Airworthiness Directives; Piaggio Aviation S.p.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Piaggio Aviation S.p.A. (Piaggio) Model P-180 airplanes. This 
AD was prompted by a report of corrosion-induced cracking on the 
horizontal tail trim actuator (HTTA) fitting assembly. This AD requires 
repetitively inspecting the HTTA fitting assembly for corrosion and 
cracking until the HTTA fitting assembly is replaced with a new part. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective August 30, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 30, 
2023.
    The FAA must receive comments on this AD by September 29, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1712; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this final rule, 
contact Piaggio Aero Industries S.p.A., P180 Customer Support, via 
Pionieri e Aviatori d'Italia, snc-16154 Genoa, Italy; phone: +39 331 
679 74 93; email: [email protected].
     You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 Locust, 
Kansas City, MO 64106. For information on the availability of this 
material at the FAA, call (817) 222-5110. It is also available at 
regulations.gov under Docket No. FAA-2023-1712.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (816) 
329-4144; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2023-1712; Project Identifier MCAI-
2023-00821-A'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent to Mike 
Kiesov, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union, has issued 
EASA AD 2023-0122R1, dated July 5, 2023

[[Page 55363]]

(referred to after this as the MCAI), to correct an unsafe condition on 
certain serial-numbered Piaggio Model P.180 airplanes. The MCAI states 
an occurrence was reported where, during scheduled maintenance, stress 
corrosion-induced cracking was found on the HTTA fitting assembly. The 
MCAI states that this type of corrosion can be found on older 
airplanes, based and operated for an extended period of time near the 
seaside, exposed to a salty environment, or parked outside in an 
environment of high humidity or frequent heavy precipitation.
    To address the unsafe condition, the MCAI requires doing a high 
frequency eddy current inspection (HFEC) of the HTTA fitting assembly 
for corrosion and cracking and, depending on the findings, repeating 
the inspection and repairing any light corrosion, or replacing the HTTA 
fitting assembly with a new part. The MCAI states that replacing the 
HTTA fitting assembly terminates the repetitive inspections.
    This condition, if not addressed, could result in structural 
failure of the HTTA fitting assembly and loss of control of the 
airplane. You may examine the MCAI in the AD docket at regulations.gov 
under Docket No. FAA-2023-1712.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Piaggio Aerospace Service Bulletin 80-0492, 
Revision 3, dated June 12, 2023. This service information specifies 
procedures for doing an HFEC inspection of the HTTA fitting assembly 
for corrosion and taking corrective actions. The corrective actions 
include repeating the HFEC inspection, repairing light corrosion, and 
replacing the HTTA fitting assembly with a new part.
    The FAA also reviewed Piaggio Aerospace Temporary Revision TR-031 
to Chapter 51-70-70, dated May 29, 2023, to the Piaggio P.180 
Structural Repair Manual. This service information specifies procedures 
for replacing the HTTA fitting assembly.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in ADDRESSES section.

FAA's Determination

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI and service information referenced above. The FAA is issuing 
this AD after determining that the unsafe condition described 
previously is likely to exist or develop on other products of the same 
type design.

AD Requirements

    This AD requires accomplishing the actions specified in the service 
information already described, except as discussed under ``Differences 
Between this AD and the MCAI.''

Differences Between This AD and the MCAI

    The MCAI allows airplanes with corrosion or cracking in certain 
areas of the HTTA fitting assembly to continue flights and be repaired 
within 150 hours time-in-service or 7 months, whichever occurs first. 
This AD requires that airplanes with corrosion exceeding light 
corrosion or with cracking on any part of the HTTA fitting assembly be 
repaired before further flight.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies forgoing notice and comment prior to adoption of this rule 
because corrosion on the HTTA fitting assembly could lead to cracking 
that, if not addressed, could result in structural failure of the HTTA 
fitting assembly and loss of control of the airplane. For certain 
airplanes, the initial HFEC inspection must be accomplished within 30 
hours time-in-service or 60 calendar days after the effective date of 
this AD, whichever occurs first. This compliance time is shorter than 
the time necessary for the public to comment and for publication of the 
final rule. Accordingly, notice and opportunity for prior public 
comment are impracticable and contrary to the public interest pursuant 
to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forgo notice and 
comment.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 103 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Initially inspect HTTA fitting          55 work-hours x $85 per               $0          $4,675        $481,525
 assembly.                               hour = $4,675.
Report results........................  1 work-hour x $85 per                  0              85           8,755
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary 
corrective action that would be required based on the results of any 
inspection. The agency has no way of determining the number of aircraft 
that might need these actions:

[[Page 55364]]



                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                Action                        Labor cost          Parts cost            Cost per product
----------------------------------------------------------------------------------------------------------------
Repetitively inspect HTTA fitting      55 work-hours x $85 per               0  $4,675 per inspection cycle.
 assembly.                              hour = $4,675.
Report results.......................  1 work-hour x $85 per                 0  $85.
                                        hour = $85.
Repair light corrosion...............  1 work-hour x $85 per                 0  $85 per inspection cycle.
                                        hour = $85.
Replace HTTA fitting assembly........  13 work-hours x $85 per           4,750  $5,855.
                                        hour = $1,105.
----------------------------------------------------------------------------------------------------------------

Paperwork Reduction Act

    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 currently 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 take 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing this burden, to: Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

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.
    The FAA is 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

    This AD will not have federalism implications under Executive Order 
13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2023-16-04 Piaggio Aviation S.p.A.: Amendment 39-22523; Docket No. 
FAA-2023-1712; Project Identifier MCAI-2023-00821-A.

(a) Effective Date

    This airworthiness directive (AD) is effective August 30, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following Piaggio Aviation S.p.A. Model 
P-180 airplanes, certificated in any category:
    (1) Serial numbers (S/N) 1002, 1034 through 1234 inclusive, 3001 
through 3014 inclusive, 3016, and 3018; and
    (2) S/N 1004 through 1033 inclusive if modified in accordance 
with Piaggio Service Bulletin 80-0142.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 5520, Elevator 
Structure.

(e) Unsafe Condition

    This AD was prompted by a report of corrosion-induced cracking 
on the horizontal tail trim actuator (HTTA) fitting assembly. The 
FAA is issuing this AD to address structural failure of the HTTA 
fitting assembly. The unsafe condition, if not addressed, could 
result in loss of control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Definitions

    (1) For purposes of this AD, ``light corrosion'' is corrosion 
that does not exceed a depth of 0.15 millimeter (mm) and does not 
extend beyond 1 square inch (645.2 square mm).
    (2) For purposes of this AD, a ``new part'' is a part with zero 
hours time-in-service (TIS).

(h) Inspection

    Within the compliance time for your airplane listed in Table 1 
to paragraph (h) of this AD, do a high frequency eddy current 
inspection of HTTA fitting assembly part number (P/N) 80-363283-401 
for corrosion and cracking in accordance with Section 2.B., Part A, 
Steps (11) through (14) of the Accomplishment Instructions in 
Piaggio Aerospace Service Bulletin 80-0492, Revision 3, dated June 
12, 2023.
BILLING CODE 4910-13-P

[[Page 55365]]

[GRAPHIC] [TIFF OMITTED] TR15AU23.005

(i) Corrective Actions

    Based on the result of the inspection required by paragraph (h) 
of this AD, do the applicable corrective action within the 
applicable compliance time specified in Table 2 to paragraph (i) of 
this AD.
[GRAPHIC] [TIFF OMITTED] TR15AU23.006

BILLING CODE 4910-13-C

(j) Terminating Action

    Replacing the HTTA fitting assembly with a new part in 
accordance with Piaggio Aerospace Temporary Revision TR-031 to 
Chapter 51-70-70, dated May 29, 2023, to the Piaggio P.180 
Structural Repair Manual constitutes terminating action for the 
repetitive inspections required by paragraph (i) of this AD for that 
airplane.

(k) Credit for Previous Action

    You may take credit for the initial inspection required by 
paragraph (h) of this AD if you performed the initial inspection 
before the effective date of this AD using Piaggio Aerospace Service 
Bulletin 80-0492, Revision 2, dated May 15, 2023.

(l) Reporting Requirement

    Report to the manufacturer the results of each inspection 
required by paragraphs (h) and (i) of this AD within the applicable 
compliance time specified in paragraph (l)(1) or (2) of this AD 
using the Confirmation Slip

[[Page 55366]]

attached to Piaggio Aerospace Service Bulletin 80-0492, Revision 3, 
dated June 12, 2023.
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 10 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 10 days after the effective date of 
this AD.

(m) Alternative Methods of Compliance (AMOCs)

    The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, mail 
it to the address identified in paragraph (n)(2) of this AD or email 
to: [email protected]. If mailing information, also submit 
information by email. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office.

(n) Additional Information

    (1) Refer to European Union Aviation Safety Agency (EASA) AD 
2023-0122R1, dated July 5, 2023, for related information. This EASA 
AD may be found in the AD docket at regulations.gov under Docket No. 
FAA-2023-1712.
    (2) For more information about this AD, contact Mike Kiesov, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (816) 329-4144; email: 
[email protected].
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (o)(3) and (4) of this AD.

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Piaggio Aerospace Service Bulletin 80-0492, Revision 3, 
dated June 12, 2023.
    (ii) Piaggio Aerospace Temporary Revision TR-031 to Chapter 51-
70-70, dated May 29, 2023, to the Piaggio P.180 Structural Repair 
Manual.
    (3) For service information identified in this AD, contact 
Piaggio Aero Industries S.p.A., P180 Customer Support, via Pionieri 
e Aviatori d'Italia, snc-16154 Genoa, Italy; phone: +39 331 679 74 
93; email: [email protected].
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 
Locust, Kansas City, MO 64106. For information on the availability 
of this material at the FAA, call (817) 222-5110.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 8, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-17575 Filed 8-11-23; 4:15 pm]
BILLING CODE 4910-13-P