[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Rules and Regulations]
[Pages 10352-10355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3973]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0956; Directorate Identifier 2010-NM-018-AD; 
Amendment 39-16951; AD 74-08-09 R3]
RIN 2120-AA64


Airworthiness Directives; Various Transport Category Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are revising an existing airworthiness directive (AD) for 
transport category airplanes that have one or more lavatories equipped 
with paper or linen waste receptacles. That 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 new AD extends the time an 
airplane may be operated with certain missing ashtrays. This 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. We are issuing this AD 
to correct this unsafe condition on these products.

DATES: This AD is effective March 28, 2012.

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 AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (phone: 800-647-5527) is 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: Alan Sinclair, Aerospace Engineer, 
Airframe/Cabin Safety Branch, ANM-115, Transport Airplane Directorate, 
FAA, 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-
227-2195; fax: 425-227-1232.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to revise AD 74-08-09 R2, Amendment 39-9680 (61 FR 32318, June 
24, 1996). That AD applies to the specified products. The NPRM 
published in the Federal Register on October 6, 2010 (75 FR 61657). 
That NPRM proposed to continue to require 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. That NPRM also proposed to extend the time an airplane may 
be operated with certain missing ashtrays.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM (75 
FR 61657, October 6, 2010) proposal and the FAA's response to each 
comment.

Support for the NPRM

    Air Line Pilots Association, International (ALPA), Boeing, and Air 
Transport Association (ATA) supported the intent of the NPRM (75 FR 
61657, October 6, 2010).

Request to Credit MPD Task Cards

    MNG Airlines reported that some airplane manufacturers' maintenance 
planning documents (MPDs) include the requirements of AD 74-08-09 R2, 
Amendment 39-9680 (61 FR 32318, June 24, 1996), in a task card, which 
the operators add to their own MPDs for their fleet. The commenter 
requested that we revise the NPRM (75 FR 61657, October 6, 2010) by 
indicating that, if a manufacturer's and operator's MPDs cover a task 
card, the AD requirements are automatically satisfied.
    We disagree with the request. Operators determine how to track the 
implementation and compliance of the AD requirements for their fleet. 
We do not consider it appropriate to include AD provisions that apply 
only to certain operators. It is not necessary to change the final rule 
to include this provision.

Request To Clarify Relief Provisions

    ATA recommended that we simplify and clarify the proposed relief 
provisions for airplanes having multiple lavatory doors. For those 
airplanes, ATA recommended that we revise the NPRM (75 FR 61657, 
October 6, 2010) to provide MMEL (Master Minimum Equipment List) relief 
for up to--and including--50 percent of the ashtrays for 10 days. (The 
NPRM specified only ``up to'' 50 percent of the ashtrays.) ATA noted 
that this recommendation would (1) Remove the proposed requirement to 
replace half of the missing ashtrays within 3 days; (2) provide a level 
of safety equal to or exceeding the level proposed for airplanes having 
only one

[[Page 10353]]

lavatory door; (3) simplify the management and oversight of MMEL relief 
by operators and FAA inspectors; and (4) clarify that the phrase ``up 
to'' includes 50 percent, which would eliminate differing 
interpretations.
    We have reviewed the ATA proposal. While we agree that the proposal 
has merit, we find that it does not account for all possible scenarios. 
Paragraph (j) of the AD allows 3 days to install any ashtrays if more 
than 50 percent of the ashtrays are missing. The commenter's proposed 
change, on the other hand, could ground airplanes: If, for example, 2 
of 2 ashtrays are missing, 1 ash tray must be installed before further 
flight. We have therefore not changed the final rule regarding this 
issue. But, according to the provisions of paragraph (m) of this AD, we 
may approve requests to adjust the compliance schedule if the request 
includes data substantiating that the new schedule would provide an 
acceptable level of safety.

Request To Revise Compliance Time

    Thomas Edward Young requested that we clarify paragraph (j) of the 
NPRM (75 FR 61657, October 6, 2010) to address the case of a single 
ashtray missing on an airplane with multiple lavatory door ashtrays. 
Mr. Young provided alternative text to address this situation.
    We disagree with the request. Paragraph (j) of this AD adequately 
covers the scenario described by the commenter. We have not changed the 
final rule regarding this issue.

Request To Clarify Proposed Changes

    ALPA requested clarification of the relief proposed in the NPRM (75 
FR 61657, October 6, 2010) for two possible scenarios.
    First, ALPA was concerned about possible confusion of the AD 
requirements for airplanes with an odd number of multiple lavatory 
doors with missing or inoperative ashtrays. In this case, the 50 
percent criteria specified in the AD would result in a fractional 
number. ALPA therefore suggested that we revise the NPRM (75 FR 61657, 
October 6, 2010) to ensure that a fractional number of ashtrays be 
rounded to the next higher whole number.
    Second, ALPA noted that, if there are groups of lavatories in 
multiple locations throughout an airplane, compliance with the proposed 
requirements aircraft-wide could result in all of the ashtrays in a 
group being missing or inoperative. To ensure that the required 
extinguishing capability is retained, ALPA therefore recommended an 
additional requirement to ensure that at least one lavatory door in 
each group of lavatories has a serviceable ashtray.
    We disagree with the requests, although we considered both 
recommendations during the drafting of this revision of the AD. We 
determined that the commenter's first recommendation (to address 
airplanes with an odd number of missing ashtrays) would have only added 
to the complexity of the AD. If the calculation of ashtrays needing to 
be replaced results in a fractional number, operators will need to 
round up this figure. The only way to replace 2.5 ashtrays, for 
example, is to replace 3 ashtrays. We find that additional 
clarification is not necessary.
    We determined that the commenter's second recommendation (to 
address airplanes with all ashtrays missing in a group of lavatories) 
would have resulted in confusing and overly complicated requirements. 
The AD's more simplified approach adequately addresses the unsafe 
condition.
    We have not changed the AD regarding these issues.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD as proposed.

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 AD allows operators to continue to operate 
airplanes without the required number of ashtrays for a longer period 
of time than was previously permitted. This results in reduced costs to 
affected operators since it reduces 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 AD.

                                                 Estimated Costs
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                                                   Average
                Action                    Work    labor rate            Parts               Cost per airplane
                                         hours     per hour
----------------------------------------------------------------------------------------------------------------
Placard installations.................        1          $85  Negligible..............  $85.
Inspections...........................        2           85  0.......................  $170 per inspection
                                                                                         cycle.
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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 have 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 that 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),
    (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.

[[Page 10354]]

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

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 removing airworthiness directive (AD) 
74-08-09 R2, Amendment 39-9680 (61 FR 32318, June 24, 1996), and adding 
the following new AD:

74-08-09 R3 Transport category airplanes: Amendment 39-16951; Docket 
No. FAA-2010-0956; Directorate Identifier 2010-NM-018-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective March 28, 2012.

(b) Affected ADs

    This AD revises AD 74-08-09 R2, Amendment 39-9680 (61 FR 32318, 
June 24, 1996).

(c) Applicability

    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
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                          Airplane manufacturer
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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 R[eacute]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.)
------------------------------------------------------------------------

(d) Subject

    Air Transport Association (ATA) of America Code 25: Equipment/
furnishings.

(e) Unsafe Condition

    This revision to the AD (AD 74-08-09 R2 (61 FR 32318, June 24, 
1996)) 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 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.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Restatement of Requirements of AD 74-08-09 R2, Amendment 39-9680 
(61 FR 32318, June 24, 1996): Placard Installation

    Within 60 days after August 6, 1974 (the effective date of AD 
74-08-09, Amendment 39-1917 (39 FR 28229, August 6, 1974)), 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.''

(h) Restatement of Requirements of AD 74-08-09 R2, Amendment 39-9680 
(61 FR 32318, June 24, 1996): Announcement Procedures

    Within 30 days after August 6, 1974 (the effective date of AD 
74-08-09, Amendment 39-1917 (39 FR 28229, 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.

(i) Restatement of Requirements of AD 74-08-09 R2, Amendment 39-9680 
(61 FR 32318, June 24, 1996): Ashtray Installation

    Except as provided by paragraph (j) of this AD: Within 180 days 
after August 6, 1974 (the effective date of AD 74-08-09, Amendment 
39-1917 (39 FR 28229, 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) Restatement of Requirements of AD 74-08-09 R2, Amendment 39-9680 
(61 FR 32318, June 24, 1996), with Revised Compliance Times: Allowances 
for Partial Replacement

    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 to paragraph (j) of this AD: This AD permits a lavatory 
door ashtray to be missing, although the FAA-approved Master Minimum 
Equipment List (MMEL) may not allow such provision. In any case, the 
provisions of this AD prevail.

(k) Restatement of Requirements of AD 74-08-09 R2, Amendment 39-9680 
(61 FR 32318, June 24, 1996): Inspections

    Within 30 days after August 6, 1974 (the effective date of AD 
74-08-09, Amendment

[[Page 10355]]

39-1917 (39 FR 28229, 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) Restatement of Requirements of AD 74-08-09 R2, Amendment 39-9680 
(61 FR 32318, June 24, 1996): Adjustments to Inspection Intervals

    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.

(m) Alternative Methods of Compliance (AMOCs)

    (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. In 
accordance with 14 CFR 39.19, send your request to your principal 
inspector or local Flight Standards District Office, as appropriate. 
If sending information directly to the manager of the ACO, send it 
to the attention of the person identified in the Related Information 
section of this AD.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(n) Related Information

    For more information about this AD, contact Alan Sinclair, 
Aerospace Engineer, Airframe/Cabin Safety Branch, ANM-115, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 
98057-3356; phone: 425-227-2195; fax: 425-227-1232; email: 
<a href="/cdn-cgi/l/email-protection#dabbb6bbb4f4a9b3b4b9b6bbb3a89abcbbbbf4bdb5ac"><span class="__cf_email__" data-cfemail="b5d4d9d4db9bc6dcdbd6d9d4dcc7f5d3d4d49bd2dac3">[email protected]</span></a>.

(o) Material Incorporated by Reference

    None.

    Issued in Renton, Washington, on January 27, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-3973 Filed 2-21-12; 8:45 am]
BILLING CODE 4910-13-P


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