Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Rules and Regulations 5695 

been authorized by the Manager, Seattle ACO 

to make those findings. For a repair method 

to be approved, the repair must meet the 

certification basis of the airplane, and the 

approval must specifically refer to this AD. 

Material Incorporated by Reference 

(k) You must use Boeing Alert Service 

Bulletin 747–53A2696, dated October 16, 

2008, as applicable, to do the actions 

required by this AD, unless the AD specifies 

otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; e-mail me.boecom@boeing.com; 

Internet https://www.myboeingfleet.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221 or 425–227–1152. 

(4) You may also review copies of the 

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/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on January 

21, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–1690 Filed 2–3–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–1116; Directorate 

Identifier 2009–CE–061–AD; Amendment 

39–16193; AD 2010–03–09] 

RIN 2120–AA64 

Airworthiness Directives; PIAGGIO 

AERO INDUSTRIES S.p.A Model 

PIAGGIO P–180 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

Cracks have been detected on the upper 

flange (cap) of several ‘‘0’’ pressure bulkheads 

on the production line; none of the cracks 

had spread across the thickness of material. 

Investigation revealed that all ‘‘0’’ pressure 

bulkheads installed on aircraft from MSN 

1106 up to 1189 could have the same cracks. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

March 11, 2010. 

On March 11, 2010, the Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Sarjapur Nagarajan, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329– 

4145; fax: (816) 329–4090. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on November 30, 2009 (74 FR 

62516). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

Cracks have been detected on the upper 

flange (cap) of several ‘‘0’’ pressure bulkheads 

on the production line; none of the cracks 

had spread across the thickness of material. 

Investigation revealed that all ‘‘0’’ pressure 

bulkheads installed on aircraft from MSN 

1106 up to 1189 could have the same cracks. 

Although calculations confirm the low 

stress level in that area, a reinforcement of 

the ‘‘0’’ pressure bulkhead is suggested to 

avoid crack growth and the eventual failure 

of the bulkhead. 

For the reasons stated above, this new 

Airworthiness Directive (AD) mandates a 

non-destructive inspection and a 

reinforcement—by installation of doublers— 

of the ‘‘0’’ pressure bulkhead. This AD also 

includes a reporting requirement of the 

inspection results. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comment received. 

Mr. Carlo Cardu of Piaggio Aero 

Industries states that he understands 

owners/operators may comply with an 

AD before the specified compliance 

time; however, he also states it would be 

best for the owners/operators of the 

airplanes affected by this AD to do the 

inspection and modification of the 

pressure bulkhead during a D 

inspection, which is at 3,000 hours 

time-in-service (TIS). 

Mr. Cardu requests changing the 

compliance time for the inspection and 

modification from ‘‘when the airplane 

reaches a total of 3,600 hours TIS 

***’’ to ‘‘before the airplane reaches a 

total of 3,600 hours TIS * * *.’’ 

We agree with the intent of the 

commenter. To make it clear that the 

owners/operators of the airplanes 

affected by this AD may comply with 

the AD before their airplane reaches 

3,600 hours TIS, we will change the 

compliance time in the final rule AD 

action to allow the inspection and 

modification to be done before or when 

the airplane reaches a total of 3,600 

hours TIS or within the next 30 days 

after the effective date of the AD, 

whichever occurs later. 

Conclusion 

We reviewed the available data, 

including the comment received, and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously. 

We determined that these changes will 

not increase the economic burden on 

any operator or increase the scope of the 

AD. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have required different 

actions in this AD from those in the 

MCAI in order to follow FAA policies. 

Any such differences are highlighted in 

a NOTE within the AD. 

Costs of Compliance 

We estimate that this AD will affect 

63 products of U.S. registry. We also 

estimate that it would take about 120 


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5696 Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Rules and Regulations 

work-hours per product to comply with 

the basic requirements of this AD. The 

design approval holder is providing 

warranty credit for parts and up to 120 

work-hours of labor. 

Based on these figures, we estimate 

the cost of the proposed AD on U.S. 

operators to be $0. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

(2) Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

(3) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD Docket. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains the NPRM, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(telephone (800) 647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ 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: 

2010–03–09 Piaggio Aero Industries S.p.A.: 

Amendment 39–16193; Docket No. 

FAA–2009–1116; Directorate Identifier 

2009–CE–061–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective March 11, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model PIAGGIO P– 

180 airplanes, manufacturer’s serial numbers 

1106 through 1189, certificated in any 

category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 53: Fuselage. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Cracks have been detected on the upper 

flange (cap) of several ‘‘0’’ pressure bulkheads 

on the production line; none of the cracks 

had spread across the thickness of material. 

Investigation revealed that all ‘‘0’’ pressure 

bulkheads installed on aircraft from MSN 

1106 up to 1189 could have the same cracks. 

Although calculations confirm the low 

stress level in that area, a reinforcement of 

the ‘‘0’’ pressure bulkhead is suggested to 

avoid crack growth and the eventual failure 

of the bulkhead. 

For the reasons stated above, this new 

Airworthiness Directive (AD) mandates a 

non-destructive inspection and a 

reinforcement—by installation of doublers— 

of the ‘‘0’’ pressure bulkhead. This AD also 

includes a reporting requirement of the 

inspection results. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) As of March 11, 2010 (the effective date 

of this AD), before or when the airplane 

reaches a total of 3,600 hours time-in-service 

or within the next days 30 after the effective 

date of the AD, whichever occurs later, 

inspect the ‘‘0’’ pressure bulkhead for cracks 

using a dye-penetrant inspection method. Do 

the inspection in accordance with Part A of 

the Accomplishment Instructions in 

PIAGGIO AERO INDUSTRIES S.p.A Service 

Bulletin (Mandatory) N.: SB–80–0267Rev.0, 

dated May 19, 2009; or PIAGGIO AERO 

INDUSTRIES S.p.A. Service Bulletin 

(Mandatory) N.: SB–80–0267Rev.1, dated 

June 16, 2009. 

(2) Before further flight after the inspection 

required in paragraph (f)(1) of this AD 

(whether or not cracks were found), install 

doublers on the ‘‘0’’ pressure bulkhead. Do 

the modification in accordance with Part B 

and Part C of the Accomplishment 

Instructions in PIAGGIO AERO INDUSTRIES 

S.p.A Service Bulletin (Mandatory) N.: SB– 

80–0267Rev.0, dated May 19, 2009; or 

PIAGGIO AERO INDUSTRIES S.p.A. Service 

Bulletin (Mandatory) N.: SB–80–0267Rev.1, 

dated June 16, 2009. 

(3) Within 30 days after doing the 

inspection required in paragraph (f)(1) of this 

AD, report all inspection results, negative or 

positive, to Piaggio Aero Industries S.p.a., 

Via Cibrario, 4—16154 Genoa, Italy; fax: +39 

010 6481 881; e-mail: 

airworthiness@piaggioaero.it. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. Send information to 

ATTN: Sarjapur Nagarajan, Aerospace 

Engineer, FAA, Small Airplane Directorate, 

901 Locust, Room 301, Kansas City, Missouri 

64106; telephone: (816) 329–4145; fax: (816) 

329–4090. Before using any approved AMOC 

on any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 


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Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Rules and Regulations 5697 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency (EASA) AD No. 2009–0211, 

dated October 6, 2009; PIAGGIO AERO 

INDUSTRIES S.p.A. Service Bulletin 

(Mandatory) N.: SB–80–0267Rev.0, dated 

May 19, 2009; and PIAGGIO AERO 

INDUSTRIES S.p.A. Service Bulletin 

(Mandatory) N.: SB–80–0267Rev.1, dated 

June 16, 2009, for related information. 

Material Incorporated by Reference 

(i) You must use PIAGGIO AERO 

INDUSTRIES S.p.A. Service Bulletin 

(Mandatory) N.: SB–80–0267Rev.0, dated 

May 19, 2009; and PIAGGIO AERO 

INDUSTRIES S.p.A. Service Bulletin 

(Mandatory) N.: SB–80–0267Rev.1, dated 

June 16, 2009, to do the actions required by 

this AD, unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Piaggio Aero Industries 

S.p.a., Via Cibrario, 4—16154 Genoa, Italy; 

fax: +39 010 6481 881; e-mail: 

airworthiness@piaggioaero.it. 

(3) You may review copies of the service 

information incorporated by reference for 

this AD at the FAA, Central Region, Office of 

the Regional Counsel, 901 Locust, Kansas 

City, Missouri 64106. For information on the 

availability of this material at the Central 

Region, call (816) 329–3768. 

(4) You may also review copies of the 

service information incorporated by reference 

for this AD at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Kansas City, Missouri, on January 

26, 2010. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–2001 Filed 2–3–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

14 CFR Part 314 

RIN 2105–AD94 

Employee Protection Program; 

Removal 

AGENCY: Office of the Secretary (OST), 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This rule removes the 

procedural regulations of the 

Department of Transportation Employee 

Protection Program. These regulations 

are removed because the underlying 

program was repealed by an act of 

Congress and the program has been 

terminated. 

DATES: Effective Date: February 4, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Bernard Diederich, Office of the General 

Counsel, 1200 New Jersey Ave., SE., 

Washington, DC 20590, (202) 366–9159. 

SUPPLEMENTARY INFORMATION: The 

Congress in 1978 established the 

Employee Protection Program, to be 

administered by the U.S. Department of 

Transportation. Section 43 of the Airline 

Deregulation Act of 1978, Public Law 

95–504, 92 Stat. 1750, codified at 49 

U.S.C. App. 1552 (1991). 

The Program was intended to 

compensate covered airline employees 

who might have lost their employment 

or had their compensation reduced as a 

result of a bankruptcy or major 

employment contraction, if the major 

cause of the bankruptcy or major 

contraction was the change in regulatory 

structure provided by the Airline 

Deregulation Act. DOT established 

regulations to support the Program, 

based on the regulations previously 

established by the Civil Aeronautics 

Board, which previously handled the 

Program. 45 FR 49,291 (July 24, 1980); 

47 FR 9,744 (March 5, 1982); 50 FR 

2,426 (January 16, 1985). The 

regulations were codified at 14 CFR Part 

314. DOT conducted hearings under the 

regulations and issued a final DOT order 

with findings in initial selected cases, 

finding no basis to support any 

compensation under the Program. DOT 

Order 91–9–20, dated September 18, 

1991, in DOT dockets 40201, 39783, 

38978, 38883, and 38571. 

While appeals and processing of the 

Program were underway, the Program 

was repealed by Act of Congress, 

effective August 7, 1998. Section 

199(a)(6) of the Workforce Investment 

Act of 1998, Public Law 105–220, 112 

Stat. 1059. The Program was codified as 

subchapter I of chapter 421 of title 49, 

United States Code, which was repealed 

at subsection (a)(6) of the Workforce 

Investment Act. See also 144 Cong. Rec. 

H6689 (daily ed. July 29, 1998). 

Accordingly, DOT has halted all 

action in the Program and is removing 

the Program regulations. DOT lacks a 

statutory basis for any further action on 

the Program. 

Regulatory Analyses and Notices 

A. Administrative Procedure Act 

The Department has determined that 

this rule may be issued without a prior 

opportunity for notice and comment 

because providing prior notice and 

comment would be unnecessary, 

impracticable, or contrary to the public 

interest. The Program was repealed by 

an Act of Congress in 1998, thus there 

would not be any harm to any 

identifiable beneficiary by repealing the 

rule. The Department has ceased all 

actions under the regulations. Thus, this 

rule should be rescinded. For the same 

reasons, the Department finds that there 

is good cause to make the rule effective 

immediately. 

B. Executive Order 12866 and 

Regulatory Flexibility Act 

The Department has determined that 

this action is not considered a 

significant regulatory action for 

purposes of Executive Order 12866 or 

the Department’s regulatory policies and 

procedures. This rule is being adopted 

solely to rescind a rule that is no longer 

necessary due to the Congress repealing 

the program’s statutory authority. Given 

the absence of compliance costs to 

anyone, I certify that final rule does not 

have a significant economic impact on 

a substantial number of small entities. 

C. Executive Order 13132 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (‘‘Federalism’’). This final rule 

does not have a substantial direct effect 

on, or sufficient federalism implications 

for, the States, nor would it limit the 

policymaking discretion of the States. 

Therefore, the consultation 

requirements of Executive Order 13132 

do not apply. 

D. Executive Order 13175 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13175 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

Because this final rule does not 

significantly or uniquely affect the 

communities of the Indian tribal 

governments and does not impose 

substantial direct compliance costs, the 

funding and consultation requirements 

of Executive Order 13175 do not apply. 

E. Paperwork Reduction Act 

This rule contains no information 

collection requirements under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

F. Unfunded Mandates Reform Act 

The Department of Transportation has 

determined that the requirements of 

Title II of the Unfunded Mandates 

Reform Act of 1995 do not apply to this 

rulemaking. 


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