Federal Register / Vol. 75, No. 193 / Wednesday, October 6, 2010 / Proposed Rules 61657 

Compliance 

(f) To address this problem, you must do 

the following, unless already done: 

Actions Compliance Procedures 

(1) Modify the engine electrical system by installing a backup battery system and associated wiring and circuitry. Within the next 100 hours time-in-service after 

the effective date of this AD or within 30 

days after the effective date of this AD, 

whichever occurs first. 

Follow Thielert Aircraft Engines GmbH Service Bulletin TM TAE 651–0007, Revision 7, 

dated July 30, 2010. 

(2) Revise the airworthiness limitations section 

to require repetitive replacement of the 

FADEC backup battery every 12 calendar 

months. Thereafter, except as provided in 

paragraph (g) of this AD, no alternative replacement times may be approved for this 

part. 

Before further flight after doing the modification required in paragraph (f)(1) of this AD. Incorporate Chapter 40–AMM–04–01 ‘‘Airworthiness Limitations, Revision 1’’, dated 

January 25, 2010, of Thielert Aircraft Engines GmbH Supplement Airplane Maintenance Manual Piper PA28–161 TAE 125– 

01, Doc. No.: AMM–40–01 US–Version) 

Version: 1/1, into TAE Airplane Maintenance Manual Supplement, Piper PA28/ 

TAE 125–01, AMM–40–01 (US–Version), 

Rev. Issue 1, dated February 3, 2006. 

(3) Incorporate Thielert Aircraft Engines GmbH 

Supplement Pilot’s Operating Handbook and 

FAA Approved Airplane Flight Manual, TAE– 

No.: 40–0310–40042, issue 2, revision 0, 

dated June 1, 2010, into the pilot’s operating 

handbook. 

Before further flight after doing the modification required in paragraph (f)(1) of this AD. Not applicable. 

Alternative Methods of Compliance 

(AMOCs) 

(g) The Manager, Atlanta Aircraft 

Certification Office (ACO), 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: Don 

O. Young, Aerospace Engineer, FAA, Atlanta 

ACO, 1701 Columbia Avenue, College Park, 

Georgia 30337; telephone: (404) 474–5585; 

fax: (404) 474–5606; e-mail: 

don.o.young@faa.gov. 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. 

Related Information 

(h) To get copies of the service information 

referenced in this AD, contact Thielert 

Aircraft Engines Service GmbH, 

Platanenstra+e 14, 09350 Lichtenstein, 

Deutschland; telephone: +49 (37204) 696–0; 

fax: +49 (37204) 696–1910; Internet: http:// 

www.thielert.com/. To view the AD docket, 

go to U.S. Department of Transportation, 

Docket Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 New 

Jersey Avenue, SE., Washington, DC 20590, 

or on the Internet at http:// 

www.regulations.gov. 

Issued in Kansas City, Missouri, on 

September 30, 2010. 

John R. Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–25208 Filed 10–5–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0956; Directorate 

Identifier 2010–NM–018–AD] 

RIN 2120–AA64 

Airworthiness Directives; Transport 

Category Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to revise 

an existing airworthiness directive (AD) 

that applies to transport category 

airplanes that have one or more 

lavatories equipped with paper or linen 

waste receptacles. The existing AD 

currently requires installation of 

placards prohibiting smoking in the 

lavatory and disposal of cigarettes in the 

lavatory waste receptacles; 

establishment of a procedure to 

announce to airplane occupants that 

smoking is prohibited in the lavatories; 

installation of ashtrays at certain 

locations; and repetitive inspections to 

ensure that lavatory waste receptacle 

doors operate correctly. This proposed 

revision to the AD would extend the 

time an airplane may be operated with 

certain missing ashtrays. This proposed 

revision to the AD was prompted by the 

determination that certain compliance 

times required by the existing AD could 

be extended and still address fires 

occurring in lavatories caused by, 

among other things, the improper 

disposal of smoking materials in 

lavatory waste receptacles. The 

proposed revision to the AD would 

continue to prevent possible fires that 

could result from smoking materials 

being dropped into lavatory paper or 

linen waste receptacles. 

DATES: We must receive comments on 

this proposed AD by November 22, 

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 

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61658 Federal Register / Vol. 75, No. 193 / Wednesday, October 6, 2010 / Proposed Rules 

(telephone 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Alan Sinclair, Aerospace Engineer, 

Airframe/Cabin Safety Branch, ANM– 

115, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

425–227–2195; fax 425–227–1232. 

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–2010–0956; Directorate Identifier 

2010–NM–018–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 

On June 17, 1996, we issued AD 74– 

08–09 R2, amendment 39–9680 (61 FR 

32318, June 24, 1996), for transport 

category airplanes that have one or more 

lavatories equipped with paper or linen 

waste receptacles. Revision 2, as well as 

previous versions of the AD, requires 

installation of placards prohibiting 

smoking in the lavatory and disposal of 

cigarettes in the lavatory waste 

receptacles; establishment of a 

procedure to announce to airplane 

occupants that smoking is prohibited in 

the lavatories; installation of ashtrays at 

certain locations; and repetitive 

inspections to ensure that lavatory 

waste receptacle doors operate correctly. 

The original AD resulted from fires 

occurring in lavatories caused by, 

among other things, the improper 

disposal of smoking materials in 

lavatory waste receptacles. We issued 

that AD, and subsequent versions of the 

AD, to prevent possible fires that could 

result from smoking materials being 

dropped into lavatory paper or linen 

waste receptacles. 

Actions Since Existing AD Was Issued 

Since we issued AD 74–08–09 R2, we 

have been advised that the current 

required replacement schedule for 

missing or inoperative ashtrays may be 

overly conservative and burdensome on 

operators. We have determined that 

slightly extending the time an airplane 

may be operated with missing or 

inoperative ashtrays will not 

compromise safety. We have adjusted 

the compliance time accordingly in 

paragraph (j) of this NPRM. 

FAA’s Determination and Requirements 

of the Proposed AD 

We have evaluated all pertinent 

information and identified that an 

unsafe condition continues to exist or 

could develop on any transport category 

airplane that has one or more lavatories 

equipped with paper or linen waste 

receptacles. For this reason, we are 

proposing this AD, which would revise 

AD 74–08–09 R2 and would retain the 

requirements of the existing AD. This 

proposed AD would simply extend the 

time an airplane may be operated with 

some ashtrays missing or inoperative. 

Changes to Existing AD 

We have added paragraph (m) to this 

proposed AD to include the standard 

provision for operators to request 

approval of an alternative method of 

compliance (AMOC). This provision did 

not appear in AD 74–08–09 R2. Since 

the issuance of that AD, we issued Part 

252 of the Federal Aviation Regulations 

(14 CFR part 252), ‘‘Smoking Aboard 

Aircraft,’’ which bans smoking of 

tobacco products on certain flights. 

Therefore, the risk associated with the 

identified unsafe condition in this 

proposed AD has been reduced 

significantly. In light of this, we have 

determined that an AMOC provision 

may be added to this proposed AD. 

We have revised the applicability of 

AD 74–08–09 R2 to provide the list of 

manufacturers of current known 

transport category airplanes holding 

U.S. type certificates. 

This proposed AD would retain the 

requirements of AD 74–08–09 R2. Since 

AD 74–08–09 R2 was issued, the AD 

format has been revised, and certain 

paragraphs have been rearranged. As a 

result, the corresponding paragraph 

identifiers have changed in this 

proposed AD, as listed in the following 

table: 

REVISED PARAGRAPH IDENTIFIERS

Requirement in 

AD 74–08–09 R2 

Corresponding 

requirement in this 

proposed AD 

paragraph (a) ............ paragraph (g). 

paragraph (b) ............ paragraph (h). 

paragraph (c) ............. paragraph (i). 

paragraph (d) ............ paragraph (j). 

paragraph (e) ............ paragraph (k). 

paragraph (f) ............. paragraph (l). 

Costs of Compliance 

This action merely extends a certain 

compliance time and does not add any 

new additional economic burden on 

affected operators. The relief provided 

by this proposed AD would allow 

operators to continue to operate 

airplanes without the required number 

of ashtrays for a longer period of time 

than was previously permitted. This 

will result in reduced costs to affected 

operators since it will reduce the 

potential interruptions in service to 

reinstall the ashtrays. The current costs 

associated with this AD are provided 

below for the convenience of affected 

operators. The following table provides 

the estimated costs for U.S. operators to 

comply with this proposed AD. 

ESTIMATED COSTS

Action Work hours Average labor 

rate per hour Parts Cost per airplane 

Placard installations ................................ 1 $85 Negligible ................................................ $85. 

Inspections .............................................. 2 $85 $0 ............................................................ $170 per inspection cycle. 

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. 

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Federal Register / Vol. 75, No. 193 / Wednesday, October 6, 2010 / Proposed Rules 61659 

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 have 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 that the 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 place it in the AD 

docket. See the ADDRESSES section for a 

location to examine the regulatory 

evaluation. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, 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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by 

removing amendment 39–9680 (61 FR 

32318, June 24, 1996) and adding the 

following new AD: 

Transport Category Airplanes: Docket No. 

FAA–2010–0956; Directorate Identifier 

2010–NM–018–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by November 22, 2010. 

Affected ADs 

(b) This AD revises AD 74–08–09 R2, 

Amendment 39–9680. 

Applicability 

(c) This AD applies to transport category 

airplanes, certificated in any category, that 

have one or more lavatories equipped with 

paper or linen waste receptacles. These 

lavatories may be on various airplanes, 

identified in but not limited to the airplanes 

of the manufacturers included in Table 1 of 

this AD. 

TABLE 1—AFFECTED AIRPLANES

Airplane manufacturer 

328 Support Services GmbH (Type Certificate previously held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH). 

AEROSPATIALE (Societe Nationale Industrielle Aerospatiale). 

Airbus. 

ATR—GIE Avions de Transport Re ́gional. 

BAE Systems (Operations) Limited. 

The Boeing Company. 

Bombardier, Inc. 

British Aerospace Regional Aircraft. 

Cessna Aircraft Company. 

DASSAULT AVIATION. 

EADS CASA (Type Certificate previously held by Construcciones Aeronauticas, S.A.). 

Empresa Brasileira de Aeronautica S.A. (EMBRAER). 

Fokker Services B.V. 

Gulfstream Aerospace Corporation/ 

Gulfstream Aerospace LP (Type Certificate previously held by Israel Aircraft Industries, Ltd.). 

Hamburger Flugzeugbau GmbH. 

Hawker Beechcraft Corporation (Type Certificate previously held by Raytheon Aircraft Company; Beech Aircraft Corporation). 

Israel Aircraft Industries, Ltd. 

Learjet Inc. 

Lockheed Aircraft Corporation. 

Lockheed Martin Corporation/Lockheed Martin Aeronautics Company. 

Maryland Air Industries, Inc. 

McDonnell Douglas Corporation. 

Mitsubishi Heavy Industries, Ltd. 

Saab AB, Saab Aerosystems. 

Sabreliner Corporation. 

Short Brothers PLC. 

Vickers-Armstrongs (Aircraft Limited). 

Viking Air Limited (Type Certificate previously held by Bombardier, Inc.). 

Subject 

(d) Air Transport Association (ATA) of 

America Code 25: Equipment/furnishings. 

Unsafe Condition 

(e) This revision to the AD was prompted 

by the determination that certain compliance 

times required by the existing AD may be 

extended and still address fires occurring in 

lavatories caused by, among other things, the 

improper disposal of smoking materials in 

lavatory waste receptacles. This proposed 

revision to the AD would continue to prevent 

possible fires that could result from smoking 

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61660 Federal Register / Vol. 75, No. 193 / Wednesday, October 6, 2010 / Proposed Rules 

materials being dropped into lavatory paper 

or linen waste receptacles. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Restatement of Requirements of AD 74–08– 

09 R2, Amendment 39–9680, With Revised 

Compliance Times in Paragraph (j) 

Placard Installation 

(g) Within 60 days after August 6, 1974 (the 

effective date of AD 74–08–09, amendment 

39–1917), or before the accumulation of any 

time in service on a new production aircraft 

after delivery, whichever occurs later— 

except that new production aircraft may be 

flown in accordance with sections 21.197 

and 21.199 of the Federal Aviation 

Regulations (14 CFR 21.197 and 21.199) to a 

base where compliance may be 

accomplished: Accomplish the requirements 

of paragraphs (g)(1) and (g)(2) of this AD. 

(1) Install a placard on each side of each 

lavatory door over the door knob, or on each 

side of each lavatory door, or adjacent to each 

side of each lavatory door. The placards must 

contain the legible words ‘‘No Smoking in 

Lavatory’’ or ‘‘No Smoking,’’ or contain ‘‘No 

Smoking’’ symbology in lieu of words, or 

contain both wording and symbology, to 

indicate that smoking is prohibited in the 

lavatory. The placards must be of sufficient 

size and contrast and be located so as to be 

conspicuous to lavatory users. And 

(2) Install a placard on or near each 

lavatory paper or linen waste disposal 

receptacle door, containing the legible words 

or symbology indicating ‘‘No Cigarette 

Disposal.’’ 

Announcement Procedures 

(h) Within 30 days after August 6, 1974, 

establish a procedure that requires that, no 

later than a time immediately after the ‘‘No 

Smoking’’ sign is extinguished following 

takeoff, an announcement be made by a 

crewmember to inform all aircraft occupants 

that smoking is prohibited in the aircraft 

lavatories; except that, if the aircraft is not 

equipped with a ‘‘No Smoking’’ sign, the 

required procedure must provide that the 

announcement be made prior to each takeoff. 

Ashtray Installation 

(i) Except as provided by paragraph (j) of 

this AD: Within 180 days after August 6, 

1974, or before the accumulation of any time 

in service on a new production aircraft, 

whichever occurs later—except that new 

production aircraft may be flown in 

accordance with sections 21.197 and 21.199 

of the Federal Aviation Regulations (14 CFR 

21.197 and 21.199) to a base where 

compliance may be accomplished: Install a 

self-contained, removable ashtray on or near 

the entry side of each lavatory door. One 

ashtray may serve more than one lavatory 

door if the ashtray can be seen readily from 

the cabin side of each lavatory door served. 

(j) An airplane with multiple lavatory 

doors may be operated with up to 50 percent 

of the lavatory door ashtrays missing or 

inoperative, provided 50 percent of the 

missing or inoperative ashtrays are replaced 

within 3 days and all remaining missing or 

inoperative ashtrays are replaced within 10 

days. An airplane with only 1 lavatory door 

may be operated for a period of 10 days with 

the lavatory door ashtray missing or 

inoperative. 

Note 1: This AD permits a lavatory door 

ashtray to be missing, although the FAAapproved Master Minimum Equipment List 

(MMEL) may not allow such provision. In 

any case, the provisions of this AD prevail. 

(k) Within 30 days after August 6, 1974, 

and thereafter at intervals not to exceed 1,000 

hours’ time-in-service from the last 

inspections, accomplish the following: 

(1) Inspect all lavatory paper and linen 

waste receptacle enclosure access doors and 

disposal doors for proper operation, fit, 

sealing, and latching for the containment of 

possible trash fires. 

(2) Correct all defects found during the 

inspections required by paragraph (k)(1) of 

this AD. 

(l) Upon the request of an operator, the 

FAA Principal Maintenance Inspector (PMI) 

may adjust the 1,000-hour repetitive 

inspection interval specified in paragraph (k) 

of this AD to permit compliance at an 

established inspection period of the operator 

if the request contains data to justify the 

requested change in the inspection interval. 

Alternative Methods of Compliance 

(AMOCs) 

(m)(1) The Manager, Airframe/Cabin Safety 

Branch, Transport Airplane Directorate, 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: 

Alan Sinclair, Aerospace Engineer, Airframe/ 

Cabin Safety Branch, ANM–115, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue, SW., Renton, Washington 98057– 

3356; telephone (425) 227–2195; fax 425– 

227–1232. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your PMI or principal avionics 

inspector (PAI), as appropriate, or lacking a 

principal inspector, your local Flight 

Standards District Office. The AMOC 

approval letter must specifically reference 

this AD. 

Issued in Renton, Washington, on 

September 30, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–25124 Filed 10–5–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

Docket No. FAA–2010–0784; Airspace 

Docket No. 10–AWP–5 

Proposed Modification of Class D and 

E Airspace, and Revocation of Class E 

Airspace; Flagstaff, AZ 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

modify Class D and E airspace at 

Flagstaff, AZ, to accommodate aircraft 

departing and arriving under Instrument 

Flight Rules (IFR) at Flagstaff Pulliam 

Airport. This action also would remove 

Class E airspace designated as an 

extension to a Class D or E surface area 

at Flagstaff Pulliam Airport. This action, 

initiated by the biennial review of the 

Flagstaff airspace area, would enhance 

the safety and management of aircraft 

operations at the airport. 

DATES: Comments must be received on 

or before November 22, 2010. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590; telephone (202) 

366–9826. You must identify FAA 

Docket No. FAA–2010–0784; Airspace 

Docket No. 10–AWP–5, at the beginning 

of your comments. You may also submit 

comments through the Internet at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Richard Roberts, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4517. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers (FAA Docket No. FAA 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS