

[Federal Register: October 12, 2007 (Volume 72, Number 197)]
[Proposed Rules]               
[Page 58028-58030]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12oc07-11]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27532; Directorate Identifier 2007-CE-021-AD]
RIN 2120-AA64

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

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

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
the comment period.

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SUMMARY: We are revising an earlier NPRM 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 
product. The MCAI describes the unsafe condition as:

    One P-180 aircraft experienced a jamming of its longitudinal 
flight control cables. Investigations revealed that its fuselage 
drain holes were plugged, and water was trapped in the lower 
fuselage.
    As a consequence of plugged drain holes, water can accumulate 
and freeze when the aircraft reaches and holds altitudes where 
temperature is below the freezing point. If not corrected this may 
cause the loss of control of the airplane.

    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 November 13, 
2007.

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 (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-2007-
27532; Directorate Identifier 2007-CE-021-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

    We proposed to amend 14 CFR part 39 with an earlier NPRM for the 
specified products, which was published in the Federal Register on 
April 11, 2007 (72 FR 18155). That earlier NPRM proposed to require 
actions intended to address the unsafe condition for the products 
listed above.
    Since that NPRM was issued, we determined that the original service 
bulletin includes affected pages of the Piaggio P.180 Avanti 
Maintenance Manual (AMM) that should become part of the AD.

[[Page 58029]]

Relevant Service Information

    Piaggio Aero Industries S.p.A has issued Mandatory SB-80-0220, 
dated August 8, 2006. The actions described in this service information 
are intended to correct the unsafe condition identified in the MCAI.

Comments

    We have considered the following comments received on the earlier 
NPRM.
    We included in the NPRM a repetitive inspection requirement to 
check for proper drain operation. We received a clarification from 
Piaggio Aero Industries that the intent of the MCAI was to inspect the 
drain holes after painting or cleaning and the repetitive requirement 
would go beyond what would be necessary to make sure drains remain 
clear on a recurring basis. We have therefore removed the repetitive 
inspection requirement.
    As earlier stated, we determined that the service bulletin includes 
affected pages of the PIAGGIO P.180 AVANTI/AVANTI II MAINTENANCE MANUAL 
(AMM) that should be part of the AD. Therefore, we have also added a 
requirement to include into your maintenance program specific sections 
of that maintenance manual that address cleaning procedures, which are 
included to Piaggio Aero Industries S.p.A. Mandatory SB-80-0220, dated 
August 8, 2006.

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.
    Certain changes described above expand the scope of the earlier 
NPRM. As a result, we have determined that it is necessary to reopen 
the comment period to provide additional opportunity for the public to 
comment on the proposed AD.

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.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 60 products of U.S. registry. We also estimate that 
it would take about 5 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $24,000, or $400 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 13 work-hours and require parts costing $125, for a cost of 
$1,165 per product. We have no way of determining the number of 
products that may need these actions.

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, 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-2007-27532; 
Directorate Identifier 2007-CE-021-AD.

Comments Due Date

    (a) We must receive comments by November 13, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to P-180 airplanes, serial numbers 1004 
through 1112, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 53: 
Fuselage.

Reason

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

    One P-180 aircraft experienced a jamming of its longitudinal 
flight control cables. Investigations revealed that its fuselage 
drain holes were plugged, and water was trapped in the lower 
fuselage.
    As a consequence of plugged drain holes, water can accumulate 
and freeze when the aircraft reaches and holds altitudes where 
temperature is below the freezing point. If not corrected this may 
cause the loss of control of the airplane.

[[Page 58030]]

    The aim of this Airworthiness Directive (AD) is to check for 
proper operation, fuselage drain holes and the passenger evaporator 
drain line and to introduce a temporary revision of the Aircraft 
Maintenance Manual (AMM).

Actions and Compliance

    (f) Unless already done, at the next scheduled maintenance 
inspection or 1 month after the effective date of this AD, whichever 
occurs later do the following actions:
    (1) Inspect fuselage drain holes and the passenger evaporator 
drain line for proper operation and do all the necessary corrective 
actions, following the accomplishment instructions of the Piaggio 
Aero Industries S.p.A. Mandatory SB-80-0220, dated August 8, 2006.
    (2) Incorporate into your maintenance program the following 
PIAGGIO P.180 AVANTI/AVANTI II MAINTENAMCE MANUAL (AMM) sections, 
which are included in Piaggio Aero Industries S.p.A. Mandatory SB-
80-0220, dated August 8, 2006:

(i) AMM Chapter 12-24-02 Exterior Cleaning--Maintenance Practices
(ii) AMM Chapter 51-25-00 Processes--Stripping and Painting
(iii) AMM Chapter 53-00-00 Fuselage--Maintenance Practices

    (3) Replace/add the following pages of the AMM that are included 
in Piaggio Aero Industries S.p.A. Mandatory SB-80-0220, dated August 
8, 2006:

(i) Replace: AMM Chapter 12-24-02, pages 201/202
(ii) Replace: AMM Chapter 51-25-00, pages 5/6
(iii) Replace: AMM Chapter 53-00-00, pages 203/204
(iv) Add: AMM Chapter 53-00-00, pages 205/206

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

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, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI EASA AD No. 2007-0031, dated February 9, 2007; 
and Piaggio Aero Industries S.p.A. Mandatory SB-80-0220, dated 
August 8, 2006, for related information.

    Issued in Kansas City, Missouri, on October 4, 2007.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-20126 Filed 10-11-07; 8:45 am]

BILLING CODE 4910-13-P
