Federal Register / Vol. 79, No. 90 / Friday, May 9, 2014 / Rules and Regulations 26603 

pursuant to the requirements of this 

section. 

(k) Rescission or modification. (1) 

DOE may rescind or modify a waiver or 

interim waiver at any time upon DOE’s 

determination that the factual basis 

underlying the petition for waiver or 

interim waiver is incorrect, or upon a 

determination that the results from the 

alternate test procedure are 

unrepresentative of the basic model(s)’ 

true energy consumption characteristics. 

Waivers and interim waivers are 

conditioned upon the validity of 

statements, representations, and 

documents provided by the requestor; 

any evidence that the original grant of 

a waiver or interim waiver was based 

upon inaccurate information will weigh 

against continuation of the waiver. 

DOE’s decision will specify the basis for 

its determination and, in the case of a 

modification, will also specify the 

change to the authorized test procedure. 

(2) A person may request that DOE 

rescind or modify a waiver or interim 

waiver issued to that person if the 

person discovers an error in the 

information provided to DOE as part of 

its petition, determines that the waiver 

is no longer needed, or for other 

appropriate reasons. In a request for 

rescission, the requestor must provide a 

statement explaining why it is 

requesting rescission. In a request for 

modification, the requestor must 

explain the need for modification to the 

authorized test procedure and detail the 

modifications needed and the 

corresponding impact on measured 

energy consumption. 

(3) DOE will publish a proposed 

rescission or modification (DOEinitiated or at the request of the original 

requestor) in the Federal Register for 

public comment. A requestor may, 

within 10 working days of the close of 

the comment period specified in the 

proposed rescission or modification 

published in the Federal Register, 

submit a rebuttal statement to DOE. A 

requestor may rebut more than one 

comment in a single rebuttal statement. 

(4) DOE will publish its decision in 

the Federal Register. DOE’s 

determination will be based on relevant 

information contained in the record and 

any comments received. 

(5) After the effective date of a 

rescission, any basic model(s) 

previously subject to a waiver must be 

tested and certified using the applicable 

DOE test procedure in 10 CFR part 431. 

(l) Revision of regulation. As soon as 

practicable after the granting of any 

waiver, DOE will publish in the Federal 

Register a notice of proposed 

rulemaking to amend its regulations so 

as to eliminate any need for the 

continuation of such waiver. As soon 

thereafter as practicable, DOE will 

publish in the Federal Register a final 

rule. 

(m) To exhaust administrative 

remedies, any person aggrieved by an 

action under this section must file an 

appeal with the DOE’s Office of 

Hearings and Appeals as provided in 10 

CFR part 1003, subpart C. 

[FR Doc. 2014–10684 Filed 5–8–14; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0967; Directorate 

Identifier 2013–CE–042–AD; Amendment 

39–17839; AD 2014–09–04] 

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 superseding 

Airworthiness Directive (AD) 2009–21– 

08 R1 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 cases of un-commanded 

operation of switched off nose-wheel 

steering system caused by internal 

leakage of a steering select/bypass valve. 

We are issuing this AD to require 

actions to address the unsafe condition 

on these products. 

DATES: This AD is effective June 13, 

2014. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of June 13, 2014. 

ADDRESSES: You may examine the AD 

docket on the Internet at http://

www.regulations.gov/

#!docketDetail;D=FAA-2013-0967; or in 

person at the Docket 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 

view this 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 certain PIAGGIO AERO 

INDUSTRIES S.p.A Model P–180 

airplanes. That NPRM was published in 

the Federal Register on November 20, 

2013 (78 FR 69597), and proposed to 

supersede AD 2009–21–08 R1, 

Amendment 39–16169 (75 FR 904, 

January 7, 2010). 

The NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states that: 

Cases of un-commanded operation of 

switched off nose-wheel steering system were 

reported. Internal leakage of a Steering 

Select/Bypass Valve, installed in the nose 

landing gear (NLG) Steering Manifold, was 

identified as a failure cause. 

This condition, if not detected and 

corrected, could lead to loss of directional 

control on ground during take-off or landing, 

possibly resulting in a runway excursion. 

To address this unsafe condition, EASA 

issued AD 2009–0129 to require repetitive 

functional checks of the Steering Manifold to 

verify internal leakage proofness and 

accomplishment of the functional check 

upon installation of a replacement Steering 

Manifold on an aeroplane. 

Since that AD was issued, PAI issued 

Service Bulletin (SB) 80–0249 at revision 3, 

providing improved testing procedures. 

For the reasons described above, this AD 

retains the requirements of EASA AD 2009– 

0129, which is superseded, but requires 

accomplishment of the functional checks in 

accordance with the improved procedures 

and additionally, before release to service of 

an aeroplane after installation of a 

replacement NLG. This AD also introduces 

an optional modification, which constitutes 

terminating action for the repetitive 

functional checks required by this AD. 

This AD is revised to introduce a relieving 

compliance time for aeroplanes earlier 

inspected in accordance with EASA AD 

2009–0129. 

The MCAI can be found in the AD 

docket on the Internet at http://


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26604 Federal Register / Vol. 79, No. 90 / Friday, May 9, 2014 / Rules and Regulations 

www.regulations.gov/

#!documentDetail;D=FAA-2013-0967- 

0002. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the proposal and the FAA’s 

response to each comment. 

Request To Add an Additional Method 

of Compliance for Doing the Functional 

Test of the Nose Landing Gear (NLG) 

Steering Manifold 

Carlo Cardu of Piaggio Aero Industries 

S.p.A requested that we add an 

additional method of compliance for 

doing the functional tests of the NLG 

steering manifold required in paragraph 

(f)(1) of the proposed AD. 

Carlo Cardu stated that following Part 

A1 of Piaggio Aero Industries S.p.A. 

Service Bulletin (Mandatory) N. 80– 

0249, Rev. 3, dated July 22, 2013, 

should be allowed to show compliance 

for doing the functional tests required in 

paragraph (f)(1) of the proposed AD 

because the procedures in Part A1 are 

more thorough than the procedures in 

Part A2 and meet the full intent of Part 

A2. 

We agree with the commenter and 

have changed the final rule AD action 

based on this comment. 

Request To Clarify the Compliance 

Time for the Repetitive 165-Hour Timein-Service (TIS) Functional Tests 

Carlo Cardu of Piaggio Aero Industries 

S.p.A requested that we clarify that each 

time a functional test of the nose 

landing gear (NLG) steering manifold is 

done following Part A1 of the 

Accomplishment Instructions in Piaggio 

Aero Industries S.p.A. Service Bulletin 

(Mandatory) N. 80–0249, Rev. 3, dated 

July 22, 2013, that the time counting 

towards the required 165-hour TIS 

repetitive functional test is reset to zero. 

We agree with the commenter and 

have changed the final rule AD action 

based on this comment. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously 

and any minor editorial changes. We 

have determined that these minor 

changes: 

• Are consistent with the intent that 

was proposed in the NPRM (78 FR 

69597, November 20, 2013), for 

correcting the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (78 FR 69597, 

November 20, 2013). 

We also determined that these 

changes will not increase the economic 

burden on any operator or increase the 

scope of the AD. 

Costs of Compliance 

We estimate that this AD will affect 

112 products of U.S. registry. We also 

estimate that it will take about 2 workhours per product to comply with the 

basic functional test requirements of 

this AD. The average labor rate is $85 

per work-hour. 

Based on these figures, we estimate 

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

be $19,040, or $170 per product. 

In addition, we estimate the following 

cost to do the optional modification to 

terminate the required repetitive 

functional tests. For Model P–180 

Avanti airplanes, it will take about 40 

work-hours and require parts costing 

$2,000, for a cost of $5,400 per product. 

For Model P–180 Avanti II airplanes, it 

will take about 40 work-hours and 

require parts costing $4,000, for a cost 

of $7,400 per product. We have no way 

of determining the number of operators 

that may choose this optional action. 

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 

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/

#!docketDetail;D=FAA-2013-0967; 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 

removing Amendment 39–16169 (75 FR 

904, January 7, 2010), and adding the 

following new AD: 

2014–09–04 Piaggio Aero Industries S.p.A: 

Amendment 39–17839; Docket No. 

FAA–2013–0967; Directorate Identifier 

2013–CE–042–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective June 13, 2014. 

(b) Affected ADs 

This AD supersedes AD 2009–21–08 R1, 

Amendment 39–16169 (75 FR 904, January 7, 

2010). 

(c) Applicability 

This AD applies to Piaggio Aero Industries 

S.p.A. Model P–180 airplanes, serial numbers 


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Federal Register / Vol. 79, No. 90 / Friday, May 9, 2014 / Rules and Regulations 26605 

1004 through 1218, certificated in any 

category. 

(d) Subject 

Air Transport Association of America 

(ATA) Code 32: Landing Gear. 

(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. The MCAI 

describes the unsafe condition as cases of uncommanded operation of switched off nosewheel steering system caused by internal 

leakage of a steering select/bypass valve. We 

are issuing this AD to prevent loss of 

directional control on ground during take-off 

or landing, which could result in a runway 

excursion. 

(f) Actions and Compliance 

Unless already done, do the actions 

required in paragraph (f)(1) through 

paragraph (f)(5) of this AD, including all 

subparagraphs: 

(1) At whichever of the compliance times 

specified in paragraph (f)(1)(i) and paragraph 

(f)(1)(ii) of this AD that occurs first and 

repetitively thereafter at intervals not to 

exceed 165 hours time-in-service (TIS), do a 

functional test of the nose landing gear (NLG) 

steering manifold following Part A1 or Part 

A2 of the Accomplishment Instructions in 

Piaggio Aero Industries S.p.A. Service 

Bulletin (Mandatory) N. 80–0249, Rev. 3, 

dated July 22, 2013 (includes Confirmation 

Slip). Any functional test completed 

following either Part A1 or Part A2 resets the 

time counting towards the 165-hour TIS 

repetitive functional test to zero. 

(i) Within the next 165 hours TIS after June 

13, 2014 (the effective date of this AD) or 

within the next 6 months after June 13, 2014 

(the effective date of this AD), whichever 

occurs first; or 

(ii) Within the next 165 hours TIS after the 

last inspection done in compliance with AD 

2009–21–08 R1, Amendment 39–16169 (75 

FR 904, January 7, 2010). 

(2) Within the next 220 hours TIS after 

June 13, 2014 (the effective date of this AD) 

or within the next 6 months after June 13, 

2014 (the effective date of this AD), 

whichever occurs first, and repetitively 

thereafter at intervals not to exceed 660 TIS 

or 12 months, whichever occurs first, do a 

functional test of the nose landing gear (NLG) 

steering manifold following Part A1 of the 

Accomplishment Instructions in Piaggio Aero 

Industries S.p.A. Service Bulletin 

(Mandatory) N. 80–0249, Rev. 3, dated July 

22, 2013 (includes Confirmation Slip). Any 

functional test completed following either 

Part A1 or Part A2 resets the time counting 

towards the 165-hour TIS repetitive 

functional test required by paragraph (f)(1) of 

this AD to zero. 

(3) If, during any functional test required 

in paragraphs (f)(1) and (f)(2) of this AD, any 

NLG steering actuator movement discrepancy 

is detected, before further flight, replace the 

NLG steering manifold with a serviceable 

part as specified in Part A1 and Part A2 of 

the Accomplishment Instructions in Piaggio 

Aero Industries S.p.A. Service Bulletin 

(Mandatory) N. 80–0249, Rev. 3, dated July 

22, 2013 (includes Confirmation Slip). 

(4) As of June 13, 2014 (the effective date 

of this AD), installation of a replacement 

NLG steering manifold or a replacement NLG 

is allowed, provided that, before release to 

service, the NLG steering manifold passes a 

functional test following Part A1 of the 

Accomplishment Instructions in Piaggio Aero 

Industries S.p.A. Service Bulletin 

(Mandatory) N. 80–0249, Rev. 3, dated July 

22, 2013 (includes Confirmation Slip). 

(5) To terminate the repetitive functional 

tests required in paragraph (f)(1) and 

paragraph (f)(2) of this AD, at any time after 

the initial functional test required in 

paragraph (f)(1) and paragraph (f)(2) of this 

AD, you may modify the electrical 

configuration of the steering system 

following the Accomplishment Instructions 

in Piaggio Aero Industries S.p.A. Service 

Bulletin (Recommended) N. 80–0285, dated 

September 30, 2013 (includes Confirmation 

Slip), or the Accomplishment Instructions in 

Piaggio Aero Industries S.p.A. Service 

Bulletin (Recommended) N. 80–0286, Rev. 1, 

dated September 30, 2013 (includes 

Confirmation Slip), as applicable. 

(g) 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. 

(i) 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. 

(ii) AMOCs approved for AD 2009–21–08 

R1 (75 FR 904, January 7, 2010) are not 

approved for AMOCs for this AD. 

(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. 

(h) Related Information 

Refer to European Aviation Safety Agency 

(EASA) AD No. 2013–0242R1, dated October 

9, 2013, for related information. You may 

examine the MCAI on the Internet at 

http://www.regulations.gov/

#!documentDetail;D=FAA-2013-0967-0002. 

(i) 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 this AD specifies otherwise. 

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

Bulletin (Mandatory) N. 80–0249, Rev. 3, 

dated July 22, 2013 (includes Confirmation 

Slip). 

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

Bulletin (Recommended) N. 80–0285, dated 

September 30, 2013 (includes Confirmation 

Slip). 

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

Bulletin (Recommended) N. 80–0286, Rev. 1, 

dated September 30, 2013 (includes 

Confirmation Slip). 

(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 April 

17, 2014. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2014–09431 Filed 5–8–14; 8:45 am] 

BILLING CODE 4910–13–P 


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