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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; Amendment 39-16610; AD 2011-05-01]
          - RIN 2120-AA64

# AGENCY:

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

# ACTION:

Final rule.

# SUMMARY:

We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued 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:

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.

We are issuing this AD to require actions to correct the unsafe condition on these products.

# DATES:

This AD becomes effective March 31, 2011.

On March 31, 2011, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD.

# ADDRESSES:

                        You may examine the AD docket on the Internet at                         *http://www.regulations.gov*                         or in person at Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590.                    

                        For service information identified in 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; e-mail:                         *airworthiness@piaggioaero.it;*                         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.                    

# 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:

## Discussion

                    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the                     **Federal Register**                     on November 3, 2010 (75 FR 67639). That NPRM proposed to correct an unsafe condition for the specified products. 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.

We require the incorporation of Piaggio Aero Industries S.p.A. and Piaggio Aero Industries (Piaggio) Temporary Change No. 7, into the Pilot's Operating Handbook and EASA Approved Airplane Flight Manual Rep. 6591, issued: February 24, 2009, and Temporary Change No. 11 into the EASA Approved Airplane Flight Manual Rep. 180-MAN-0010-01100, issued: February 24, 2009, and installation of a placard. You may obtain further information by examining the MCAI in the AD docket.

## Comments

We gave the public the opportunity to participate in developing this AD. We have considered the comment received.

## Comment Issue: Study Relocation of Magnetic Flux Valves

James Wright stated that investigation into the feasibility of relocating the magnetic flux valves to an area less susceptible to magnetic interference may be a better course of action. We infer that the commenter requests that we withdraw the AD action and relocate the magnetic flux valves to an area less susceptible to magnetic interference.

We do not agree with the commenter. The current airplane flight manual limitation stipulates:

The towing bar TRONAIR p/n 01-1227-0000 or other ferromagnetic masses with comparable mass and length are prohibited to be carried in the baggage compartment.

                    Additionally, Piaggio evaluated the possibility of relocating the flux valve and concluded it should remain in its current location. Piaggio confirmed that a new tow bar made of aluminum is available and can be used on Model PIAGGIO P-180 airplanes.                          ( print page 10225)    

We are not changing the final rule AD action based on this comment.

## Conclusion

We reviewed the available data, including the comment received, and determined that air safety and the public interest require adopting the AD as proposed.

## Differences Between This 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 required 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 AD.

## Costs of Compliance

We estimate that this AD will affect 100 products of U.S. registry. We also estimate that it will take about 1 work-hour per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts will cost about $50 per product.

Based on these figures, we estimate the cost of this AD to the 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 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 this AD:

(1) Is not a “significant regulatory action” under Executive Order 12866;

(2) Is not a “significant rule” under 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 AD and placed it in the AD Docket.

## 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 the NPRM, 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.                

# List of Subjects in 14 CFR Part 39

      - Air transportation
      - Aircraft
      - Aviation safety
      - Incorporation by reference
      - Safety

## Adoption of 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

1. The authority citation for part 39 continues to read as follows: 

Authority:49 U.S.C. 106(g), 40113, 44701.

§ 39.13 

2. The FAA amends § 39.13 by adding the following new AD: 

**2011-05-01 PIAGGIO AERO INDUSTRIES S.p.A:**                             Amendment 39-16610; Docket No. FAA-2010-1099; Directorate Identifier 2010-CE-054-AD.                        

## Effective Date

(a) This airworthiness directive (AD) becomes effective March 31, 2011.

## 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.

We require the incorporation of Piaggio Aero Industries S.p.A. and Piaggio Aero Industries (Piaggio) Temporary Change No. 7, into the Pilot's Operating Handbook and EASA Approved Airplane Flight Manual Rep. 6591, issued: February 24, 2009, and Temporary Change No. 11 into the EASA Approved Airplane Flight Manual Rep. 180-MAN-0010-01100, issued: February 24, 2009, and installation of a placard.

## Actions and Compliance

(f) Unless already done, within 5 flights after March 31, 2011 (the effective date of this AD), do the following actions:

                            (1)                             *For MSN 1004 through 1104:*                             Incorporate Piaggio Aero P.180 AVANTI 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 Piaggio Aero P.180 AVANTI II 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.                        

                            (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                                       ( print page 10226)                                    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 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; Piaggio Aero P.180 AVANTI Temporary Change No. 7 to the Pilot's Operating Handbook and EASA Approved Airplane Flight Manual Rep. 6591, issued: February 24, 2009; and Piaggio Aero P.180 AVANTI II Temporary Change No. 11 to the EASA Approved Airplane Flight Manual Rep. 180-MAN-0010-01100, issued: February 24, 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; e-mail:                             *airworthiness@piaggioaero.it;*                             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.                        

## Material Incorporated by Reference

(i) You must use Piaggio Aero Industries S.p.A. Service Bulletin (Mandatory) N.: SB 80-0275, Rev. N. 0, dated June 15, 2009; Piaggio Aero P.180 AVANTI Temporary Change No. 7 to the Pilot's Operating Handbook and EASA Approved Airplane Flight Manual Rep. 6591, issued: February 24, 2009; and Piaggio Aero P.180 AVANTI II Temporary Change No. 11 to the EASA Approved Airplane Flight Manual Rep. 180-MAN-0010-01100, issued: February 24, 2009, to do the actions required by this AD, unless the AD specifies otherwise.

(1) The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.

                            (2) For service information identified in 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; e-mail:                             *airworthiness@piaggioaero.it*; Internet:                             *http://www.piaggioaero.com*.                        

(3) 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.

                            (4) You may also review copies of the service information incorporated by reference for this AD at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to:                             *http://www.archives.gov/​federal_​register/​code_​of_​federal_​regulations/​ibr_​locations.html.*

Issued in Kansas City, Missouri, on February 14, 2011.

Earl Lawrence,

Manager, Small Airplane Directorate, Aircraft Certification Service.

[FR Doc. 2011-3923 Filed 2-23-11; 8:45 am]

BILLING CODE 4910-13-P