[Federal Register Volume 74, Number 149 (Wednesday, August 5, 2009)]
[Proposed Rules]
[Pages 38991-38993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18685]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0699; Directorate Identifier 2009-CE-042-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:

    Some cases of uncommanded steering action were observed, while 
the steering system was switched off.
    A leakage in the Steering Select/Bypass Valve, installed in the 
Steering Manifold, when closed, is suspected to have caused the 
uncommanded steering.
    If left uncorrected, this condition could lead to a potentially 
dangerous veer along the runway; in fact, according to the Aircraft 
Flight Manual limitations, the steering system must be in `off' 
position during landing and takeoff (in this case when airspeed is 
higher than 60 knots).

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 September 21, 
2009.

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-2009-0699; 
Directorate Identifier 2009-CE-042-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 
2009-0129, dated June 19, 2009 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    Some cases of uncommanded steering action were observed, while 
the steering system was switched off.
    A leakage in the Steering Select/Bypass Valve, installed in the 
Steering Manifold, when closed, is suspected to have caused the 
uncommanded steering.
    If left uncorrected, this condition could lead to a potentially 
dangerous veer along the runway; in fact, according to the Aircraft 
Flight Manual limitations, the steering system must be in `off' 
position during

[[Page 38992]]

landing and takeoff (in this case when airspeed is higher than 60 
knots).
    For the reasons stated above, this new AD mandates repetitive 
inspections for leakage of the Nose Landing Gear steering manifold.

The MCAI requires, if any inspection finds leakage of the steering 
manifold, the replacement of the steering manifold.

Relevant Service Information

    Piaggio Aero Industries S.p.A. has issued:
    <bullet> Service Bulletin (Mandatory) N. 80-0249, rev. 1, dated May 
27, 2009;
    <bullet> (for S/N 1004 through 1104) Piaggio Aero Piaggio P.180 
Avanti Maintenance Manual, Report No. 9066, 32-50-00, revised June 16, 
2008; and
    <bullet> (for S/N 1105 and greater) Piaggio Aero Piaggio P.180 
Avanti II Maintenance Manual, Report No. 180-MAN-0200-01105, 32-50-00, 
revised December 19, 2008.
    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. We also estimate that it would take about 8 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 $40,320, or $640 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 16 work-hours and require parts costing $0, for a cost of 
$1,280 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-2009-0699; 
Directorate Identifier 2009-CE-042-AD.

Comments Due Date

    (a) We must receive comments by September 21, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model P-180 airplanes, all serial numbers 
(S/N), certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 32: Landing 
Gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Some cases of uncommanded steering action were observed, while 
the steering system was switched off.
    A leakage in the Steering Select/Bypass Valve, installed in the 
Steering Manifold, when closed, is suspected to have caused the 
uncommanded steering.
    If left uncorrected, this condition could lead to a potentially 
dangerous veer along the runway; in fact, according to the Aircraft 
Flight Manual limitations, the steering system must be in `off' 
position during landing and takeoff (in this case when airspeed is 
higher than 60 knots).
    For the reasons stated above, this new AD mandates repetitive 
inspections for leakage of the Nose Landing Gear steering manifold.

The MCAI requires, if any inspection finds leakage of the steering 
manifold, the replacement of the steering manifold.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within the next 6 months after the effective date of this AD 
or within the next 100 hours time-in-service (TIS) after the 
effective date of this AD, whichever occurs first, and repetitively 
thereafter at intervals not to exceed every 165 hours TIS, do a

[[Page 38993]]

functional check of the nose landing gear (NLG) steering manifold. 
Follow the accomplishment instructions of Piaggio Aero Industries 
S.p.A. Service Bulletin (Mandatory) N. 80-0249, rev. 1, dated May 
27, 2009.
    (2) Upon installation of a NLG steering manifold on any 
airplane, do a functional check of the NLG steering manifold. 
Repetitively thereafter at intervals not to exceed every 165 hours 
TIS, do a functional check of the NLG steering manifold. Follow the 
accomplishment instructions of Piaggio Aero Industries S.p.A. 
Service Bulletin (Mandatory) N. 80-0249, rev. 1, dated May 27, 2009.
    (3) If during any inspection required in paragraphs (f)(1) and 
(f)(2) of this AD a NLG steering manifold does not pass the 
functional tests, using the compliance times in the accomplishment 
instructions of Piaggio Aero Industries S.p.A. Service Bulletin 
(Mandatory) N. 80-0249, rev. 1, dated May 27, 2009, replace the NLG 
steering manifold following (for S/N 1004 through 1104) pages 1 
through 8; 201 through 216; and 501 through 506, of Piaggio Aero 
Piaggio P.180 Avanti Maintenance Manual, Report No. 9066, 32-50-00, 
revised June 16, 2008; or (for S/N 1105 and greater) pages 1 through 
8; 201 through 216; and 501 through 506, of Piaggio Aero Piaggio 
P.180 Avanti II Maintenance Manual, Report No. 180-MAN-0200-01105, 
32-50-00, revised December 19, 2008.

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 2009-0129, dated June 19, 2009; and 
Piaggio Aero Industries S.p.A. Service Bulletin (Mandatory) N. 80-
0249, rev. 1, dated May 27, 2009, for related information.

    Issued in Kansas City, Missouri, on July 30, 2009.

James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-18685 Filed 8-4-09; 8:45 am]
BILLING CODE 4910-13-P