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[Federal Register: February 4, 2010 (Volume 75, Number 23)]
[Rules and Regulations]               
[Page 5695-5697]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04fe10-8]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1116; Directorate Identifier 2009-CE-061-AD; 
Amendment 39-16193; AD 2010-03-09]
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: Final rule.

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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:

    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.

    We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective March 11, 2010.
    On March 11, 2010, 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 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 30, 2009 
(74 FR 62516). That NPRM proposed 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received.
    Mr. Carlo Cardu of Piaggio Aero Industries states that he 
understands owners/operators may comply with an AD before the specified 
compliance time; however, he also states it would be best for the 
owners/operators of the airplanes affected by this AD to do the 
inspection and modification of the pressure bulkhead during a D 
inspection, which is at 3,000 hours time-in-service (TIS).
    Mr. Cardu requests changing the compliance time for the inspection 
and modification from ``when the airplane reaches a total of 3,600 
hours TIS * * *'' to ``before the airplane reaches a total of 3,600 
hours TIS * * *.''
    We agree with the intent of the commenter. To make it clear that 
the owners/operators of the airplanes affected by this AD may comply 
with the AD before their airplane reaches 3,600 hours TIS, we will 
change the compliance time in the final rule AD action to allow the 
inspection and modification to be done before or when the airplane 
reaches a total of 3,600 hours TIS or within the next 30 days after the 
effective date of the AD, whichever occurs later.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

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 63 products of U.S. registry. 
We also estimate that it would take about 120

[[Page 5696]]

work-hours per product to comply with the basic requirements of this 
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 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

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2010-03-09 Piaggio Aero Industries S.p.A.: Amendment 39-16193; 
Docket No. FAA-2009-1116; Directorate Identifier 2009-CE-061-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 
11, 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 March 11, 2010 (the effective date of this AD), before 
or when the airplane reaches a total of 3,600 hours time-in-service 
or within the next days 30 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 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

[[Page 5697]]

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.

Material Incorporated by Reference

    (i) You must use 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, 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; 
fax: +39 010 6481 881; e-mail: airworthiness@piaggioaero.it.
    (3) You may review copies of the service information 
incorporated by reference for this AD at the FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the 
Central Region, call (816) 329-3768.
    (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 January 26, 2010.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-2001 Filed 2-3-10; 8:45 am]
BILLING CODE 4910-13-P
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