[Federal Register Volume 75, Number 33 (Friday, February 19, 2010)]
[Proposed Rules]
[Pages 7409-7411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3290]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0124; Directorate Identifier 2010-CE-002-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).

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

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: A failure of fuel pump sealing, due to possible incorrect 
maintenance procedures and subsequent testing, caused a fuel leakage 
into the main landing gear bay. Presence of fuel vapours in that zone 
creates a risk of fire due to presence of potential ignition sources 
such as electrical equipment and connectors. The proposed AD actions 
that are intended to address the unsafe condition described in the 
MCAI.

DATES: We must receive comments on this proposed AD by April 5, 2010.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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-2010-0124; 
Directorate Identifier 2010-CE-002-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 EASA 
AD No.: 2009-0228, dated October 26, 2009 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    A failure of fuel pump sealing, due to possible incorrect 
maintenance procedures and subsequent testing, caused a fuel leakage 
into the main landing gear bay. Presence of fuel vapours in that 
zone creates a risk of fire due to presence of potential ignition 
sources such as electrical equipment and connectors.
    As a consequence, this new Airworthiness Directive (AD) requires 
a functional check of main and stand-by fuel pumps for absence of 
leakage and an update of the Aircraft Maintenance Manual (AMM).

    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.: 80-0278, dated July 15, 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.

Costs of Compliance

    We estimate that this proposed AD will affect 63 products of U.S. 
registry.

[[Page 7410]]

We also estimate that it would take about 2 work-hours 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 $10 
per product.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $11,340, or $180 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 40 work-hours and require parts costing $7,349 for a cost of 
$10,749 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, 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-2010-0124; 
Directorate Identifier 2010-CE-002-AD.

Comments Due Date

    (a) We must receive comments by April 5, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model PIAGGIO P-180 airplanes, all serial 
numbers up to and including serial number 1192, certificated in any 
category.

Subject

    (d) Air Transport Association of America (ATA) Code 28: Fuel.

Reason

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

``A failure of fuel pump sealing, due to possible incorrect 
maintenance procedures and subsequent testing, caused a fuel leakage 
into the main landing gear bay. Presence of fuel vapours in that 
zone creates a risk of fire due to presence of potential ignition 
sources such as electrical equipment and connectors.
    As a consequence, this new Airworthiness Directive (AD) requires 
a functional check of main and stand-by fuel pumps for absence of 
leakage and an update of the Aircraft Maintenance Manual (AMM).''

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) For all airplanes equipped with any main or standby fuel 
pump P/N 1C12-43 that has been replaced for any reason on or before 
doing the action in paragraph (f)(3) of this AD, within 150 hours 
time-in-service after the effective date of this AD do a functional 
inspection of the main and standby fuel pumps for leakage following 
steps 1 through 14 of the Accomplishment Instructions of PIAGGIO 
AERO INDUSTRIES S.p.A. Service Bulletin (Mandatory) N.: 80-0278, 
dated July 15, 2009.
    (2) If any leakage is found during the inspection required in 
paragraph (f)(1) of this AD, before further flight, replace the fuel 
pump with a serviceable unit following the Accomplishment 
Instructions in PIAGGIO AERO INDUSTRIES S.p.A Service Bulletin 
(Mandatory) N.: 80-0278, dated July 15, 2009. For the purpose of 
this AD, a serviceable fuel pump is a pump where no leakage is found 
during the functional inspection as instructed in the Accomplishment 
Instructions of PIAGGIO AERO INDUSTRIES S.p.A Service Bulletin 
(Mandatory) N.: 80-0278, dated July 15, 2009.
    (3) For all airplanes, within 30 days after the effective date 
of this AD, incorporate PIAGGIO P.180 AVANTI MAINTENANCE MANUAL 
Temporary Revision (TR) No. 33 and 34, dated July 7, 2009, or 
PIAGGIO P.180 AVANTI II MAINTENANCE MANUAL TR No. 31 and 41, dated 
July 7, 2009, in the approved operator's airplane maintenance 
program, e.g. aircraft maintenance manual (AMM).

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.: 2009-0228, dated October 26, 
2009; and PIAGGIO AERO INDUSTRIES S.p.A. Service Bulletin 
(Mandatory) N.: 80-0278, dated July 15, 2009, for related 
information.


[[Page 7411]]


    Issued in Kansas City, Missouri, on February 8, 2010.
Steven W. Thompson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-3290 Filed 2-18-10; 8:45 am]
BILLING CODE 4910-13-P