
[Federal Register: November 30, 2009 (Volume 74, Number 228)]
[Proposed Rules]               
[Page 62516-62518]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30no09-16]                         

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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[[Page 62516]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1116; Directorate Identifier 2009-CE-061-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 product. The MCAI describes the unsafe 
condition as: Cracks have been detected on the upper flange (cap) of 
several ``0'' pressure bulkheads on the production line; none of the 
cracks had spread across the thickness of material. Investigation 
revealed that all ``0'' pressure bulkheads installed on aircraft from 
MSN 1106 up to 1189 could have the same cracks.
    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 January 14, 
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 (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-2009-1116; 
Directorate Identifier 2009-CE-061-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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued AD 
No. 2009-0211, dated October 6, 2009 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    Cracks have been detected on the upper flange (cap) of several 
``0'' pressure bulkheads on the production line; none of the cracks 
had spread across the thickness of material.
    Investigation revealed that all ``0'' pressure bulkheads 
installed on aircraft from MSN 1106 up to 1189 could have the same 
cracks.
    Although calculations confirm the low stress level in that area, 
a reinforcement of the ``0'' pressure bulkhead is suggested to avoid 
crack growth and the eventual failure of the bulkhead.
    For the reasons stated above, this new Airworthiness Directive 
(AD) mandates a non-destructive inspection and a reinforcement--by 
installation of doublers--of the ``0'' pressure bulkhead. This AD 
also includes a reporting requirement of the inspection results.

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-80-0267Rev.0, dated May 19, 2009; and Service 
Bulletin (Mandatory) N.: SB-80-0267Rev.1, dated June 16, 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

[[Page 62517]]

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

    We estimate that this proposed AD will affect 63 products of U.S. 
registry. We also estimate that it would take about 120 work-hours per 
product to comply with the basic requirements of this proposed AD. The 
design approval holder is providing warranty credit for parts and up to 
120 work-hours of labor.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $0.

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-2009-1116; 
Directorate Identifier 2009-CE-061-AD.

Comments Due Date

    (a) We must receive comments by January 14, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model PIAGGIO P-180 airplanes, 
manufacturer's serial numbers 1106 through 1189, certificated in any 
category.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Cracks have been detected on the upper flange (cap) of several 
``0'' pressure bulkheads on the production line; none of the cracks 
had spread across the thickness of material.
    Investigation revealed that all ``0'' pressure bulkheads 
installed on aircraft from MSN 1106 up to 1189 could have the same 
cracks.
    Although calculations confirm the low stress level in that area, 
a reinforcement of the ``0'' pressure bulkhead is suggested to avoid 
crack growth and the eventual failure of the bulkhead.
    For the reasons stated above, this new Airworthiness Directive 
(AD) mandates a non-destructive inspection and a reinforcement--by 
installation of doublers--of the ``0'' pressure bulkhead. This AD 
also includes a reporting requirement of the inspection results.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) As of the effective date of this AD, when the airplane 
reaches a total of 3,600 hours time-in-service or within the next 30 
days after the effective date of the AD, whichever occurs later, 
inspect the ``0'' pressure bulkhead for cracks using a dye-penetrant 
inspection method. Do the inspection in accordance with Part A of 
the Accomplishment Instructions in PIAGGIO AERO INDUSTRIES S.p.A 
Service Bulletin (Mandatory) N.: SB-80-0267Rev.0, dated May 19, 
2009; or PIAGGIO AERO INDUSTRIES S.p.A. Service Bulletin (Mandatory) 
N.: SB-80-0267Rev.1, dated June 16, 2009.
    (2) Before further flight after the inspection required in 
paragraph (f)(1) of this AD (whether or not cracks were found), 
install doublers on the ``0'' pressure bulkhead. Do the modification 
in accordance with Part B and Part C of the Accomplishment 
Instructions in PIAGGIO AERO INDUSTRIES S.p.A Service Bulletin 
(Mandatory) N.: SB-80-0267Rev.0, dated May 19, 2009; or PIAGGIO AERO 
INDUSTRIES S.p.A. Service Bulletin (Mandatory) N.: SB-80-0267Rev.1, 
dated June 16, 2009.
    (3) Within 30 days after doing the inspection required in 
paragraph (f)(1) of this AD, report all inspection results, negative 
or positive, to Piaggio Aero Industries S.p.a., Via Cibrario, 4--
16154 Genoa, Italy; fax: +39 010 6481 881; e-mail: 
airworthiness@piaggioaero.it.

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 ensure 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

[[Page 62518]]

requirements and has assigned OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) AD No. 
2009-0211, dated October 6, 2009; PIAGGIO AERO INDUSTRIES S.p.A. 
Service Bulletin (Mandatory) N.: SB-80-0267Rev.0, dated May 19, 
2009; and PIAGGIO AERO INDUSTRIES S.p.A. Service Bulletin 
(Mandatory) N.: SB-80-0267Rev.1, dated June 16, 2009, for related 
information.

    Issued in Kansas City, Missouri, on November 20, 2009.
Margaret Kline,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-28585 Filed 11-27-09; 8:45 am]

BILLING CODE 4910-13-P
