This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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REGISTER issue of each week.

Rules and Regulations Federal Register

56987 

Vol. 77, No. 180 

Monday, September 17, 2012 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0634; Directorate 

Identifier 2012–CE–016–AD; Amendment 

39–17182; AD 2012–18–06] 

RIN 2120–AA64 

Airworthiness Directives; PIAGGIO 

AERO INDUSTRIES S.p.A Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for Piaggio 

Aero Industries S.p.A. Model P–180 

Airplanes. 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 

jamming of the external bearing of the 

screwjack drive gear, which resulted in 

failure of the main wing outboard flap 

external actuator. We are issuing this 

AD to require actions to address the 

unsafe condition on these products. 

DATES: This AD is effective October 22, 

2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of October 22, 2012. 

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—Airworthiness Office, Via Luigi 

Cibrario, 4–16154 Genova-Italy; phone: 

+39 010 6481353; fax: +39 010 6481881; 

email: airworthiness@piaggioaero.it; 

Internet: http://www.piaggioaero.com/#/ 

en/aftersales/service-support. 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: 

Mike Kiesov, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4144; fax: (816) 

329–4090; email: mike.kiesov@faa.gov. 

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 June 15, 2012 (77 FR 35888). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

Failures of the Main Wing Outboard Flap 

external actuator have been reported by P.180 

operators. 

The investigation revealed that due to 

jamming of the external bearing, the 

screwjack drive gear disengaged from its seat 

and the external actuator stopped, while the 

inner one continued its run. 

This condition, if not corrected, could lead 

to an asymmetrical flap actuators operation 

and cause an interference between the flap 

and adjacent aileron, possibly resulting in 

reduced control of the aeroplane. 

For the reasons described above, this AD 

requires the installation of a covering cage on 

the screwjack, as a temporary corrective 

action, which does not allow the 

disengagement of the affected gear. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Conclusion 

We reviewed the relevant data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed except for minor editorial 

changes. We have determined that these 

minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM (77 FR 

35888, June 15, 2012) for correcting the 

unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM. 

Costs of Compliance 

We estimate that this AD will affect 

110 products of U.S. registry. We also 

estimate that it would take about 6 

work-hours per product to comply with 

the basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Required parts would cost about $2,770 

per product. 

Based on these figures, we estimate 

the cost of the AD on U.S. operators to 

be $360,800, or $3,280 per product. 

According to the manufacturer, some 

of the costs of this AD may be covered 

under warranty, thereby reducing the 

cost impact on affected individuals. We 

do not control warranty coverage for 

affected individuals. As a result, we 

have included all costs in our cost 

estimate. 

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, 


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56988 Federal Register / Vol. 77, No. 180 / Monday, September 17, 2012 / Rules and Regulations 

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 

the DOT Regulatory Policies and 

Procedures (44 FR 11034, February 26, 

1979), 

(3) Will not affect intrastate aviation 

in Alaska, and 

(4) 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. 

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 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2012–18–06 PIAGGIO AERO INDUSTRIES 

S.p.A: Amendment 39–17182; Docket 

No. FAA–2012–0634; Directorate 

Identifier 2012–CE–016–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective October 22, 2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to PIAGGIO AERO 

INDUSTRIES S.p.A Model P–180 airplanes, 

serial numbers (S/Ns) 1002 and 1004 through 

1223, certificated in any category. 

(d) Subject 

Air Transport Association of America 

(ATA) Code 27: Flight Controls. 

(e) Reason 

This AD was prompted by mandatory 

continuing airworthiness information (MCAI) 

originated by an aviation authority of another 

country to identify and correct an unsafe 

condition on an aviation product. We are 

issuing this AD to require actions to address 

the unsafe condition on these products. 

(f) Actions and Compliance 

Unless already done, before October 22, 

2012 (the effective date of this AD), following 

the Accomplishment Instructions of Piaggio 

Aero Industries S.p.A. Mandatory Service 

Bulletin No. 80–0318, revision 2, dated 

March 28, 2012, do the following actions: 

(1) For S/Ns 1002 and 1004 through 1135: 

(i) For aircraft with less than 1,500 hours 

total time-in-service (TIS) at the effective date 

of this AD: Within 1,500 hours TIS after 

October 22, 2012 (the effective date of this 

AD) or within 12 calendar months after 

October 22, 2012 (the effective date of this 

AD), whichever occurs first, install covering 

cages on both left and right wing outboard 

flap external screwjacks. Follow the 

Accomplishment Instructions of Piaggio Aero 

Industries S.p.A. Mandatory Service Bulletin 

No. 80–0318, revision 2, dated March 28, 

2012. 

(ii) For aircraft with 1,500 hours total TIS 

or more but less than 2,800 hours total TIS 

at October 22, 2012 (the effective date of this 

AD): Upon or before reaching a total of 3,000 

hours TIS after October 22, 2012 (the 

effective date of this AD) or within 12 

calendar months after October 22, 2012 (the 

effective date of this AD), whichever occurs 

first, install covering cages on both left and 

right wing outboard flap external screwjacks. 

Follow the Accomplishment Instructions of 

Piaggio Aero Industries S.p.A. Mandatory 

Service Bulletin No. 80–0318, revision 2, 

dated March 28, 2012. 

(iii) For aircraft with 2,800 hours total TIS 

or more at October 22, 2012 (the effective 

date of this AD): Within 200 hours TIS after 

October 22, 2012 (the effective date of this 

AD) or within 12 calendar months after 

October 22, 2012 (the effective date of this 

AD), whichever occurs first, install covering 

cages on both left and right wing outboard 

flap external screwjacks. Follow the 

Accomplishment Instructions of Piaggio Aero 

Industries S.p.A. Mandatory Service Bulletin 

No. 80–0318, revision 2, dated March 28, 

2012. 

(2) For S/Ns 1136 through 1223 (inclusive): 

Within 1,500 hours TIS after October 22, 

2012 (the effective date of this AD) or within 

12 calendar months after October 22, 2012 

(the effective date of this AD), whichever 

occurs first, install covering cages on both 

left and right wing outboard flap external 

screwjacks. Follow the Accomplishment 

Instructions of Piaggio Aero Industries S.p.A. 

Mandatory Service Bulletin No. 80–0318, 

revision 2, dated March 28, 2012. 

Note to paragraph (f) of this AD: S/Ns 1224 

and subsequent have covering cages on both 

left and right wing outboard flap external 

screwjacks installed during production. 

(g) Credit for Actions Accomplished in 

Accordance With Previous Service 

Information 

This AD provides credit for the actions 

required in this AD if already done before 

October 22, 2012 (the effective date of this 

AD) following Service Bulletin No. 80–0318, 

dated October 24, 2011; Service Bulletin No. 

80–0318, revision 1, dated February 3, 2012; 

and Service Bulletin No. 80–0318, revision 2, 

dated March 28, 2012. 

(h) Other FAA AD Provisions 

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: Mike Kiesov, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4144; fax: (816) 329– 

4090; email: mike.kiesov@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. 

(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. 

(i) Related Information 

Refer to MCAI European Aviation Safety 

Agency (EASA) AD No.: 2012–0066, dated 

April 24, 2012; Piaggio Aero Industries S.p.A. 

Mandatory Service Bulletin No. 80–0318, 

dated October 24, 2011; Piaggio Aero 

Industries S.p.A. Mandatory Service Bulletin 

No. 80–0318, revision 1, dated February 3, 

2012; and Piaggio Aero Industries S.p.A. 

Mandatory Service Bulletin No. 80–0318, 


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Federal Register / Vol. 77, No. 180 / Monday, September 17, 2012 / Rules and Regulations 56989 

revision 2, dated March 28, 2012, for related 

information. 

(j) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Piaggio Aero Industries S.p.A. 

Mandatory Service Bulletin No. 80–0318, 

dated October 24, 2011; 

(ii) Piaggio Aero Industries S.p.A. 

Mandatory Service Bulletin No. 80–0318, 

revision 1, dated February 3, 2012; and 

(iii) Piaggio Aero Industries S.p.A. 

Mandatory Service Bulletin No. 80–0318, 

revision 2, dated March 28, 2012. 

(3) For PIAGGIO AERO INDUSTRIES S.p.A 

service information identified in this AD, 

contact Piaggio Aero Industries S.p.A— 

Airworthiness Office, Via Luigi Cibrario, 4– 

16154 Genova-Italy; phone: +39 010 6481353; 

fax: +39 010 6481881; email: 

airworthiness@piaggioaero.it; Internet: http:// 

www.piaggioaero.com/#/en/aftersales/ 

service-support. 

(4) You may view this service information 

at 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. 

(5) You may view this service information 

that is incorporated by reference 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/cfr/ibrlocations.html. 

Issued in Kansas City, Missouri, on August 

29, 2012. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2012–22542 Filed 9–14–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0267; Directorate 

Identifier 2011–NM–174–AD; Amendment 

39–17192; AD 2012–18–15] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Inc. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Bombardier Inc. Model DHC–8–400 

series airplanes. This AD was prompted 

by reports that the automatic de-icing 

mode became unavailable due to a 

failure of the timer and monitor unit 

(TMU). This AD requires replacing the 

TMU. We are issuing this AD to prevent 

loss of the automatic de-icing mode and 

consequent increased workload for the 

flightcrew, which, depending on 

additional failures, could lead to loss of 

control of the airplane. 

DATES: This AD becomes effective 

October 22, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of October 22, 2012. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Cesar Gomez, Aerospace Engineer, 

Airframe and Mechanical Systems 

Branch, ANE–171, FAA, New York 

Aircraft Certification Office, 1600 

Stewart Avenue, Suite 410, Westbury, 

New York 11590; telephone (516) 228– 

7318; fax (516) 794–5531. 

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 March 20, 2012 (77 FR 

16191). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

There have been multiple reports of inservice incidents where the automatic 

deicing mode became unavailable due to a 

failure of the Timer and Monitor Unit (TMU). 

Investigation has revealed that the failures 

were attributed to overstressed capacitors 

installed in the circuit board of the TMU 

‘‘Module 300’’ power supply. The failure of 

the capacitors leads to failure of the TMU 

‘‘Module 300’’ power supply and subsequent 

loss of the automatic deicing mode. 

This [Transport Canada Civil Aviation 

(TCCA)] directive mandates the replacement 

of the TMU, part number (P/N) 4100S018–06, 

with a new improved unit, P/N 4100S018– 

07. 

The unsafe condition is loss of the 

automatic de-icing mode and 

consequent increased workload for the 

flightcrew, which, depending on 

additional failures, could lead to loss of 

control of the airplane. 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 comments received. 

Support for the NPRM (77 FR 16191, 

March 20, 2012) 

The Air Line Pilots Association, 

International (ALPA) supports the intent 

of the NPRM (77 FR 16191, March 20, 

2012). 

Request To Withdraw the NPRM (77 FR 

16191, March 20, 2012) 

Katherine Carpenter, a private citizen, 

stated that it seems unnecessary to 

require a law for replacing a faulty part, 

and that common sense indicates that 

companies should replace the parts to 

limit their liability in case of an 

accident. 

We infer that the commenter was 

requesting that we withdraw the NPRM 

(77 FR 16191, March 20, 2012). 

According to section 39.1 

(‘‘Airworthiness Directives’’) of the 

Federal Aviation Regulations (14 CFR 

39.1), we issue an AD based on our 

finding that an unsafe condition exists 

and is likely to exist or develop in 

products of the same type design. We 

have the responsibility, placed on us by 

the Federal Aviation Act (49 U.S.C. 

App. 1301 et seq.), to make an unsafe 

condition—whether resulting from 

maintenance, design defect, or 

otherwise—the subject of an AD, and to 

issue an AD when that unsafe condition 

is likely to exist or develop on other 

products of the same type design. 

Further, it is within our authority to 

issue ADs to require corrective actions 

to address unsafe conditions that are not 

being addressed (or not addressed 

adequately) by operators’ normal 

maintenance procedures. An AD is the 

appropriate means for mandating this 

action. As a result, we are issuing this 

AD to eliminate the identified unsafe 

condition by requiring replacement of 

the TMU. 

Request To Reduce Compliance Time 

ALPA requested that the compliance 

time be reduced from 3,000 flight hours 

or 18 months, to 1,000 flight hours or 6 

months, in order to reduce the operating 

exposure of the affected airplanes to two 

winter seasons. 

We disagree to reduce the compliance 

time for two reasons. First, the DEICE 

PRESS or DEICE TIMER caution lights 

annunciate a failure to the flightcrew; 

the airplane flight manual (AFM) 

provides procedures to address this 

failure and instructs the flightcrew to 

use the manual mode of the pneumatic 

ice protection system and to exit icing 

conditions as soon as possible. While an 


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