60396 Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Proposed Rules 

Correction 

In the Federal Register of September 

16, 2011, in FR Doc. 2011–23723, on 

pages 57681–57682 in the heading 

section, correct the RIN number to read 

as follows: RIN 0518–AA04 

Yvette Anderson, 

Federal Register Liaison Officer for 

Agricultural Research Service. 

[FR Doc. 2011–24367 Filed 9–28–11; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1040; Directorate 

Identifier 2011–CE–029–AD] 

RIN 2120–AA64 

Airworthiness Directives; Piaggio Aero 

Industries S.p.A. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Piaggio Aero Industries S.p.A. Model 

P–180 airplanes. This proposed AD 

results from 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: 

One event of in-flight baggage door 

opening occurred on an in-service aeroplane 

due to a defective locking mechanism or 

installation thereof; the BAG DOOR warning 

light went on properly before the event, but 

was ignored by the pilot, who misinterpreted 

it as a false warning. 

NOTE: False in-service BAG DOOR 

warnings had occurred on other P.180 

aeroplanes, and Piaggio Aero Industries (PAI) 

had issued Service Bulletin (SB) No. 80–0223 

revision 1 to improve the installation of the 

baggage door warning microswitch and to 

modify the locking mechanism if necessary. 

This condition, if not detected and 

corrected, could lead to in-flight detachment 

of the door, which could hit and damage the 

left propeller and/or the vertical or horizontal 

stabilizer, possibly resulting in loss of control 

of the aeroplane, or in injuries to persons or 

damage to property on the ground. 

Instances of the baggage door open light 

illuminating have occurred when the 

baggage door was not open. This 

condition, if not corrected, could result 

in the pilot disregarding a valid 

warning. The proposed AD would 

require actions that are intended to 

address the unsafe condition described 

in the MCAI. 

DATES: We must receive comments on 

this proposed AD by November 14, 

2011. 

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. 

For service information identified in 

this proposed AD, contact Piaggio Aero 

Industries S.p.A.-Airworthiness Office, 

Via Luigi Cibrario, 4–16154 GenovaItaly; phone: +39 010 6481353; fax: +39 

010 6481881; e-mail: 

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. 

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 

(telephone (800) 647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

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; e-mail: mike.kiesov@faa.gov. 

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–2011–1040; Directorate Identifier 

2011–CE–029–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:// 

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 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA AD No.: 

2011–0132, dated July 12, 2011 (referred 

to after this as ‘‘the MCAI’’), to correct 

an unsafe condition for the specified 

products. The MCAI states: 

One event of in-flight baggage door 

opening occurred on an in-service aeroplane 

due to a defective locking mechanism or 

installation thereof; the BAG DOOR warning 

light went on properly before the event, but 

was ignored by the pilot, who misinterpreted 

it as a false warning. 

NOTE: false in-service BAG DOOR 

warnings had occurred on other P.180 

aeroplanes, and Piaggio Aero Industries (PAI) 

had issued Service Bulletin (SB) No. 80–0223 

revision 1 to improve the installation of the 

baggage door warning microswitch and to 

modify the locking mechanism if necessary. 

This condition, if not detected and 

corrected, could lead to in-flight detachment 

of the door, which could hit and damage the 

left propeller and/or the vertical or horizontal 

stabilizer, possibly resulting in loss of control 

of the aeroplane, or in injuries to persons or 

damage to property on the ground. 

This AD requires an inspection of the 

locking mechanism of the baggage door and 

its proper adjustment, in accordance with 

PAI SB No. 80–0289 revision 1; if baggage 

door lockpins do not reach the correct 

engagement, or false BAG DOOR warnings 

were reported by flight crew, this AD 

requires also a modification of the door 

mechanism in accordance with PAI SB No. 

80–0223 revision 1. 

Instances of the baggage door open light 

illuminating have occurred when the 

baggage door was not open. This 

condition, if not corrected, could result 

in the pilot disregarding a valid 

warning. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Relevant Service Information 

Piaggio Aero Industries S.p.A. has 

issued Service Bulletin No. 80–0223, 


jlentini on DSK4TPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Proposed Rules 60397 

Revision 1, dated July 31, 2009; and 

Mandatory Service Bulletin No. 80– 

0289, Revision 1, dated January 11, 

2011. The actions described in this 

service information are intended to 

correct the unsafe condition identified 

in the MCAI. 

FAA’s Determination and Requirements 

of the Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with this State of 

Design Authority, they have notified us 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This Proposed 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 proposed 

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 

proposed AD. 

Costs of Compliance 

We estimate that this proposed AD 

will affect 102 products of U.S. registry. 

We also estimate that it would take 

about 29 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Required 

parts would cost about $4,482 per 

product. 

Based on these figures, we estimate 

the cost of the proposed AD on U.S. 

operators to be $708,594, or $6,947 per 

product. 

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 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 this 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 placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

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 adding 

the following new AD: 

Piaggio Aero Industries S.p.A.: Docket No. 

FAA–2011–1040; Directorate Identifier 

2011–CE–029–AD. 

Comments Due Date 

(a) We must receive comments by 

November 14, 2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Piaggio Aero 

Industries S.p.A. P–180 Airplane Model P– 

180 airplanes, serial numbers affected 1002 

and 1004 through 1189, certificated in any 

category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 52: Doors. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

One event of in-flight baggage door 

opening occurred on an in-service aeroplane 

due to a defective locking mechanism or 

installation thereof; the BAG DOOR warning 

light went on properly before the event, but 

was ignored by the pilot, who misinterpreted 

it as a false warning. 

NOTE: false in-service BAG DOOR 

warnings had occurred on other P.180 

aeroplanes, and Piaggio Aero Industries (PAI) 

had issued Service Bulletin (SB) No. 80–0223 

revision 1 to improve the installation of the 

baggage door warning microswitch and to 

modify the locking mechanism if necessary. 

This condition, if not detected and 

corrected, could lead to in-flight detachment 

of the door, which could hit and damage the 

left propeller and/or the vertical or horizontal 

stabilizer, possibly resulting in loss of control 

of the aeroplane, or in injuries to persons or 

damage to property on the ground. 

This AD requires an inspection of the 

locking mechanism of the baggage door and 

its proper adjustment, in accordance with 

PAI SB No. 80–0289 revision 1; if baggage 

door lockpins do not reach the correct 

engagement, or false BAG DOOR warnings 

were reported by flight crew, this AD 

requires also a modification of the door 

mechanism in accordance with PAI SB No. 

80–0223 revision 1. 

Instances of the baggage door open light 

illuminating have occurred when the baggage 

door was not open. This condition, if not 

corrected, could result in the pilot 

disregarding a valid warning. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) If false in-flight BAG DOOR indications 

have occurred, within 165 hours time-inservice (TIS) after the effective date of this 

AD or within the next 60 days after the 

effective date of this AD, whichever occurs 

first, do the following actions: 

(i) Modify the locking mechanism 

following the Accomplishment Instructions 

in Piaggio Aero Industries S.p.A. Service 

Bulletin No. 80–0223, Revision 1, dated July 

31, 2009. 

(ii) Inspect the screws on the locking 

device installed on the door handle for 

proper tightness and correct as necessary 

after applying a thread locker following Part 


jlentini on DSK4TPTVN1PROD with PROPOSALS
60398 Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Proposed Rules 

D of the Accomplishment Instructions in 

Piaggio Aero Industries S.p.A. Mandatory 

Service Bulletin No. 80–0289, Revision 1, 

dated January 11, 2011. 

(2) If false in-flight BAG DOOR indications 

have not occurred, within 165 hours TIS after 

the effective date of this AD or within the 

next 60 days after the effective date of this 

AD, whichever occurs first, do the following 

actions: 

(i) Inspect the baggage door and the 

baggage door locking mechanism and do the 

necessary corrective actions following Parts 

A and B of the Accomplishment Instructions 

in Piaggio Aero Industries S.p.A. Mandatory 

Service Bulletin No. 80–0289, Revision 1, 

dated January 11, 2011. 

(ii) If after the inspection required by 

paragraph (f)(2)(i) of this AD, the baggage 

door adjustment procedure was not required 

or was required and was done successfully, 

inspect the screws on the locking device on 

the door handle with the proper tightness. 

Take any necessary corrective actions after 

applying a thread locker following Part D of 

the Accomplishment Instructions in Piaggio 

Aero Industries S.p.A. Mandatory Service 

Bulletin No. 80–0289, Revision 1, dated 

January 11, 2011. 

(iii) If after the inspection required by 

paragraph (f)(2)(i) of this AD, the baggage 

door adjustment was required and was not 

done successfully, within the next 165 hours 

TIS after the effective date of this AD or 

within the next 60 days after the effective 

date of this AD, whichever occurs first, do 

the following actions: 

(A) Modify the locking mechanism 

following the Accomplishment Instructions 

in Piaggio Aero Industries S.p.A. Service 

Bulletin No. 80–0223, Revision 1, dated July 

31, 2009. 

(B) Inspect the screws on the locking 

device installed on the door handle for 

proper tightness and correct as necessary 

after applying a thread locker following Part 

D of the Accomplishment Instructions in 

Piaggio Aero Industries S.p.A. Mandatory 

Service Bulletin No. 80–0289, Revision 1, 

dated January 11, 2011. 

(3) If the inspections specified in Piaggio 

Aero Industries S.p.A. Mandatory Service 

Bulletin No. 80–0289, dated November 11, 

2010, and the modification, if required, 

specified in Piaggio Aero Industries S.p.A. 

Service Bulletin No. 80–0223, Revision 1, 

dated July 31, 2009, were done before the 

effective date of this AD, we will allow 

‘‘unless already done’’ credit to comply with 

the actions required in this AD. After the 

effective date of this AD, you must use 

Piaggio Aero Industries S.p.A. Mandatory 

Service Bulletin No. 80–0289, Revision 1, 

dated January 11, 2011, to comply with this 

AD. 

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: Mike Kiesov, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

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

4090; e-mail: 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. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency (EASA) AD No.: 2011–0132, 

dated July 12, 2011; Piaggio Aero Industries 

S.p.A. Service Bulletin No. 80–0223, 

Revision 1, dated July 31, 2009; Piaggio Aero 

Industries S.p.A. Mandatory Service Bulletin 

No. 80–0289, dated November 11, 2010; and 

Piaggio Aero Industries S.p.A. Mandatory 

Service Bulletin No. 80–0289, Revision 1, 

dated January 11, 2011, for related 

information. For service information related 

to 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; e-mail: 

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

www.piaggioaero.com/#/en/after-sales/ 

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. 

Issued in Kansas City, Missouri on 

September 20, 2011. 

Wes Ryan, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–25006 Filed 9–28–11; 8:45 am] 

BILLING CODE 4910–13–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 201 

[Docket No. RM 2011–7] 

Exemption to Prohibition on 

Circumvention of Copyright Protection 

Systems for Access Control 

Technologies 

AGENCY: Copyright Office, Library of 

Congress. 

ACTION: Notice of inquiry and request for 

comments. 

SUMMARY: The United States Copyright 

Office is preparing to conduct 

proceedings in accordance with 

provisions added by the Digital 

Millennium Copyright Act which 

provide that the Librarian of Congress, 

upon the recommendation of the 

Register of Copyrights, may exempt 

certain classes of works from the 

prohibition against circumvention of 

technological measures that control 

access to copyrighted works. The 

purpose of this rulemaking proceeding 

is to determine whether there are 

particular classes of works as to which 

users are, or are likely to be, adversely 

affected in their ability to make 

noninfringing uses due to the 

prohibition on circumvention. This 

notice requests written comments from 

all interested parties, including 

representatives of copyright owners, 

educational institutions, libraries and 

archives, scholars, researchers and 

members of the public, in order to elicit 

evidence on whether noninfringing uses 

of certain classes of works are, or are 

likely to be, adversely affected by this 

prohibition on the circumvention of 

measures that control access to 

copyrighted works. 

DATES: Written comments must be 

received no later than December 1, 

2011. A notice of proposed rulemaking 

will be published in December 2011 that 

will identify proposed classes of works 

and solicit comments on those proposed 

classes, which will be no later than 

February 15, 2012. 

ADDRESSES: The Copyright Office 

strongly prefers that comments be 

submitted electronically. A comment 


jlentini on DSK4TPTVN1PROD with PROPOSALS