[Federal Register Volume 61, Number 122 (Monday, June 24, 1996)]
[Rules and Regulations]
[Pages 32318-32322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15957]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-NM-233-AD; Amendment 39-9680; AD 74-08-09 R2]
RIN 2120-AA64


Airworthiness Directives; Transport Category Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment revises an existing airworthiness directive 
(AD), applicable to all transport category airplanes, that 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. That AD was prompted by fires 
occurring in lavatories, which were caused by, among other things, the 
improper disposal of smoking materials in lavatory waste receptacles. 
The actions specified by that AD are intended to prevent such fires. 
This amendment revises the existing AD to allow dispatch relief in the 
event a lavatory door ashtray is missing.

EFFECTIVE DATE: July 29, 1996.

ADDRESSES: Information pertaining to this rulemaking may be examined at 
the Federal Aviation Administration (FAA), Transport Airplane 
Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Norman Martenson, Manager, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 
227-2113; fax (206) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by revising AD 74-08-09 R1, 
amendment 39-9214 (60 FR 21429, May 2, 1995), which is applicable to 
all transport category airplanes, was published in the Federal Register 
on

[[Page 32319]]

January 19, 1996 (61 FR 1306). AD 74-08-09 R1 currently requires:
    1. installation of placards prohibiting smoking in the lavatory and 
disposal of cigarettes in the lavatory waste receptacles;
    2. establishment of a procedure to announce to airplane occupants 
that smoking is prohibited in the lavatories;
    3. installation of ashtrays at certain locations; and
    4. repetitive inspections to ensure that lavatory waste receptacle 
doors operate correctly.
    That AD also provides for an alternative action regarding the 
requirement to install specific placards at certain locations.
    The proposal specified the FAA's intent to revise AD 74-08-09 R1 by 
adding a provision that would allow for dispatch relief in the event a 
lavatory door ashtray is missing from the airplane.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Support for the Proposal

    Five commenters support the proposal.

Request To Revise Terminology of Dispatch Relief Provision

    One commenter requests that proposed paragraph (d) be revised to 
change the terminology used in the provision for dispatch relief. The 
commenter requests that the provision specify the time for continued 
dispatch in terms of ``flight days,'' rather than merely ``days.'' The 
commenter states that the definition of ``flight day'' is recognized by 
the FAA in documents such as the Master Minimum Equipment List (MMEL), 
and using this terminology in the proposed rule would further clarify 
the requirements.
    The FAA does not concur. Use of the term ``flight day'' rather than 
``(calendar) day'' for compliance terms in this AD could delay the re-
installation of the ashtray on the airplane for an unduly long period 
of time. Moreover, the MMEL for most affected transport airplanes 
specifies ``calendar days'' in its description of the ``Maximum Times 
Between Deferral and Repair;'' therefore, this term used as a 
compliance time is appropriate and should be familiar to affected 
operators.
    The FAA's intent is that, if the ashtray(s) is removed, the 
airplane should be allowed to continue to operate for the minimum 
amount of time that it would take, under normally scheduled operations, 
to reach a main base where the ashtray can be replaced. The FAA has 
determined that the terms of the dispatch relief provisions, as 
proposed, will allow such normal operation to occur (without schedule 
interruptions) and the ashtray to be replaced in a timely manner.

Request To Revise Number of Days of Dispatch Relief

    Several commenters request that the dispatch relief provision of 
proposed paragraph (d) be revised to account for the various types and 
configurations of transport aircraft that are affected, and to ensure 
that no airplane is grounded because of the absence of ``a component 
that does not affect the airworthiness of the airplane.''
    The commenters point out that, as proposed, the rule would allow 
operation of a single-lavatory airplane for three days with its only 
lavatory door ashtray missing. This group of airplanes could include 
certain Boeing Model 737 airplanes, McDonnell Douglas Model DC-9 
airplanes, Fokker Model 100 airplanes, and regional airplanes that seat 
100 or fewer passengers. However, other similarly-configured models 
(i.e., certain Model 737's and Model DC-9's) that have 100 or fewer 
seats, but are equipped with two lavatories, could not be dispatched if 
both of the airplane's two lavatory door ashtrays were missing.
    The commenters request that the proposal be revised to allow 
single- or dual-lavatory airplanes to continue to operate for three 
days if one or both ashtrays are missing. The commenters assert that 
operating a dual-lavatory, 100-seat airplane without ashtrays for three 
days is no less safe than operating a single-lavatory 100-seat airplane 
that has its only ashtray missing for three days. The commenters 
maintain that the proposed rule should not discriminate between these 
two configurations.
    Further, the commenters note that airplanes equipped with multiple 
lavatories (and, thus, multiple lavatory door ashtrays) could not be 
dispatched if more than one lavatory door ashtray is missing; the 
commenters contend that this feature of the proposed rule potentially 
could ground wide-body airplanes such as McDonnell Douglas Model DC-
10's, Lockheed Model L-1011's, and Boeing Model 747's, and thereby 
interrupt flight schedules. These commenters also request that the 
proposal be revised to provide airplanes with three or more lavatories 
additional dispatch relief in the event that more than one lavatory 
door ashtray is missing. For these airplanes, they suggest the 
following revised wording:
    ``1. At multiple or cluster lavatories co-located (two or more 
adjacent lavatories), the airplane may be operated for a period of 10 
days if the lavatory door ashtrays are missing, provided that the 
remaining ashtray(s) can be seen readily from the cabin side of the 
lavatory door(s) with the missing door ashtray.
    2. At single lavatory locations, the airplane may be operated for a 
period of 3 days if one lavatory door ashtray is missing, provided 
other lavatory door ashtrays are installed [and can be seen readily 
from the cabin side of the lavatory door(s) with the missing door 
ashtray].''
    The FAA does not concur with the commenters' requests, and does not 
consider that additional dispatch relief is appropriate.
    First, contrary to the commenters' description of the lavatory door 
ashtray as a component that does not affect the airworthiness of the 
airplane, the FAA has determined that the ashtrays serve an important 
safety function and, therefore, must be considered required equipment. 
This AD was issued as a result of numerous fires that occurred in the 
lavatory paper and linen receptacles on transport category airplanes, 
which were caused by smoking materials deposited by passengers or crew. 
Such fires can be a significant threat to the safety of all persons on 
the airplane because of the emission of toxic smoke and the possibility 
of the fire progressing to critical components. The FAA has determined 
that the requirements of this AD are necessary in order to ensure 
adequate, comprehensive fire protection aboard transport category 
airplanes. The requirement for an ashtray on or near the lavatory door 
ensures that there is a safe, convenient, and obvious place to dispose 
of smoking material (especially, in cases where the current regulations 
imposing a ``no smoking policy'' aboard the airplane are not adhered to 
either by passengers, crew, or maintenance personnel).
    Second, in developing the time intervals for allowing continued 
operation of an airplane with fewer than the required number of 
lavatory door ashtrays, the FAA considered not only the safety 
implications (associated with operating an airplane without a component 
that affects the airworthiness of the airplane), but experiences 
obtained from working both with operators and with the MMEL system. The 
FAA's reasoning behind the dispatch relief specified in this rule is 
based on several factors:
    1. With respect to airplanes equipped with a single lavatory, which 
are

[[Page 32320]]

normally smaller transports that operate on shorter routes, the FAA 
considers that those airplanes can operate safely in today's 
environment, without a lavatory door ashtray, for the time that it 
takes to get the airplane back to a maintenance base for reinstallation 
of the ashtray. For those airplanes, the FAA generally defines that 
amount of time as three days.
    2. With respect to airplanes equipped with two or more lavatories, 
which are normally larger transports that operate on longer routes, the 
FAA considered worst-case situations, for example, where an airplane 
may be scheduled to do a double or triple turn-around from two 
international points. In such a situation, it could take as long as 10 
days to get the airplane back to its main base where a missing ashtray 
could be re-installed.
    3. Additionally, the 10-day period of dispatch relief for multiple-
lavatory airplanes with one ashtray missing is the same interval as the 
standard definition ``Category C'' item in the MMEL for repair 
intervals (relative to inoperative systems or components) for almost 
all transport category airplanes; Category C is the ``category of 
choice'' for approximately 85% to 90% of all items in the MMEL. 
Therefore, the FAA considers that this time period could be easily 
managed by air carrier maintenance programs and should not pose a 
problem for operators.
    Third, regarding airplanes equipped with multiple lavatories, the 
FAA considers that affected operators should examine why more than one 
lavatory door ashtray could be missing from these airplanes. It is 
understandable that occasionally, through carelessness, damage, or 
deliberate pilfering, an ashtray could be removed from an airplane; 
however, this should be a highly unusual event. Having two (or more) 
lavatory door ashtrays missing from a single airplane should be 
extremely remote. If this is occurring regularly, operators should 
examine their current policy and practices regarding ashtray 
maintenance.
    The FAA finds no reasonable justification for allowing dispatch 
relief for periods of time longer than those as proposed, or for 
allowing more than one lavatory door ashtray to be missing on an 
airplane that is equipped with more than one lavatory. The FAA finds 
that the dispatch relief provided by this final rule not only will 
ensure safety, but will impose no undue economic burden on any 
operator.

Request To Allow Ashtrays To Be Relocated

    These same commenters request that the proposal be revised to give 
operators of larger airplanes the flexibility to move remaining 
ashtrays to different parts of the cabin if one ashtray is missing.
    In response to this request, the FAA points out that paragraph (c) 
of the AD, as well as part 25 of the Federal Aviation Regulations (FAR) 
(25 CFR 25), already permit a configuration where one ashtray may serve 
more than one lavatory door if the ashtray can be seen readily from the 
cabin side of the lavatory door served. Further, nothing prohibits an 
operator from moving or relocating ashtrays within the cabin to meet 
this requirement. Therefore, no revision to the AD is necessary with 
regard to this request.

Request To Include a Provision for Alternative Methods of 
Compliance

    One commenter requests that the proposal be revised to include a 
provision that would allow operators to request the use of alternative 
methods of compliance (AMOC) with the AD. The commenter notes that most 
other AD's include such a provision, and that the FAA's own policy 
guidance stipulates that AD's should include an AMOC provision. The 
commenter requests that the proposal be revised to meet that policy.
    The FAA does not concur that an AMOC provision is appropriate for 
this particular AD. As the commenter correctly points out, the FAA's 
normal policy (reference FAA Document FAA-AIR-M-8040.1, ``Airworthiness 
Directives'') is that an AMOC provision ``should be provided for in 
each AD,'' and the majority of AD's issued do contain such a provision. 
For typical AD's, the FAA is not aware, at the time of AD issuance, of 
the range of alternative methods that may exist for complying with the 
AD; it is for this reason that including an AMOC provision in those 
AD's is appropriate.
    However, this AD is an exception: It has existed more or less in 
its current form for over 20 years and, during that time, the FAA has 
not been presented with a single acceptable alternative method of 
compliance with it. All suggestions and requests that have been 
submitted to the FAA (mainly in the form of requests for exemption from 
the AD requirements) have been found to be unacceptable in that they 
would provide neither an equivalent nor an acceptable level of safety 
to that provided by the requirements of the AD itself.
    In light of this, the FAA has determined that including an AMOC 
provision in this AD at this time would not be productive.
    The FAA points out that paragraph (f) of the AD does provide 
operators a means for some alternative actions. It permits an 
adjustment of the time interval for the required repetitive inspections 
of the waste receptacle enclosure doors and disposal doors, if data are 
presented to the FAA to justify such an adjustment. [However, the FAA 
points out that the majority of U.S. operators of transport category 
airplanes are conducting these inspections at the specified 1,000-hour 
interval (some are conducting the inspections more frequently), and 
many have found discrepancies during the 1,000-hour inspections. In 
light of this, the FAA continues to conclude that the currently 
required inspection interval is appropriate, since it ensures that any 
discrepancy will be identified and corrected in a timely manner.]

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule as proposed.

Cost Impact

    Since this action only provides for an alternative method of 
complying with an existing rule, it does not add any new additional 
economic burden on affected operators. In fact, the dispatch relief 
provided by this AD will allow operators to continue to operate 
airplanes without the required number of ashtrays for a longer period 
of time than was previously permitted. This will result in a reduction 
in costs to affected operators, since it will eliminate potential 
interruptions in service or special scheduling at maintenance bases 
that otherwise would be necessary in order to reinstall missing 
ashtrays.
    The current costs associated with this AD are reiterated below for 
the convenience of affected operators.
    The costs associated with the currently required placard 
installations entail approximately 1 work hour per airplane, at an 
average labor rate of $60 per work hour. The cost of required parts is 
negligible. Based on these figures, the total cost impact of the 
installation requirements of this AD on U.S. operators is estimated to 
be $60 per airplane.
    The costs associated with the currently required inspections entail 
approximately 1.5 work hours per airplane per inspection, at an average 
labor rate of $60 per work hour. Based on these figures, the total cost 
impact of

[[Page 32321]]

the inspection requirements of this AD on U.S. operators is estimated 
to be $90 per airplane per inspection.

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-9214 (60 FR 
21429, May 2, 1995), and by adding a new airworthiness directive (AD), 
amendment 39-9680, to read as follows:

74-08-09 R2 Transport Category Aircraft: Amendment 39-9680. Docket 
95-NM-233-AD. Revises AD 74-08-09 R1, Amendment 39-9214.

    Applicability: All transport category airplanes, certificated in 
any category, that have one or more lavatories equipped with paper 
or linen waste receptacles.

    Note 1: The following is a partial list of aircraft, some or all 
models of which are type certificated in the transport category and 
have lavatories equipped with paper or linen waste receptacles:

Aerospatiale Models ATR42 and ATR72 series airplanes;
Airbus Models A300, A310, A300-600, A320, A330, and A340 series 
airplanes;
Boeing Models 707, 720, 727, 737, 747, 757, and 767 series 
airplanes;
Boeing Model B-377 airplanes;
British Aircraft Models BAC 1-11 series, BAe-146 series, and ATP 
airplanes;
CASA Model C-212 series airplanes;
Convair Models CV-580, 600, 640, 880, and 990 series airplanes;
Convair Models 240, 340, and 440 series airplanes;
Curtiss-Wright Model CW 46;
de Havilland Models DHC-7 and DHC-8 series airplanes;
Fairchild Models F-27 and C-82 series airplanes;
Fairchild-Hiller Model FH-227 series airplanes;
Fokker Models F27 and F28 series airplanes;
Grumman Model G-159 series airplanes;
Gulfstream Model 1159 series airplanes;
Hawker Siddeley Model HS-748;
Jetstream Model 4101 airplanes;
Lockheed Models L-1011, L-188, L-1049, and 382 series airplanes;
Martin Model M-404 airplanes;
McDonnell Douglas Models DC-3, -4, -6, -7, -8, -9, and -10 series 
airplanes;
Model MD-88 airplanes; and Model MD-11 series airplanes;
Nihon Model YS-11;
Saab Models SF340A and SAAB 340B series airplanes;
Short Brothers and Harlin Model SC-7 series airplanes;
Short Brothers Models SD3-30 and SD3-60 series airplanes.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent possible fires that could result from smoking 
materials being dropped into lavatory paper or linen waste 
receptacles, accomplish the following:
    (a) Within 60 days after August 6, 1974 (the effective date of 
AD 74-08-09, amendment 39-1917), 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 (a)(1) and (a)(2) of this AD.
    (1) Install a placard either 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 
either 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.''
    (b) Within 30 days after 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 be provide that the announcement be made prior to 
each takeoff.
    (c) Except as provided by paragraph (d) of this AD: Within 180 
days after 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.
    (d) The airplane may be operated for a period of 10 days with a 
lavatory door ashtray missing, provided that no more than one such 
ashtray is missing. For airplanes on which only one lavatory door 
ashtray is installed, the airplane may be operated for a period of 3 
days if the lavatory door ashtray is missing.

    Note 2: 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.

    (e) Within 30 days after 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 (e)(1) of this AD.
    (f) Upon the request of an operator, the FAA Principal 
Maintenance Inspector may adjust the 1,000-hour repetitive 
inspection interval specified in paragraph (e) 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.
    (g) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (h) This amendment becomes effective on July 29, 1996.

[[Page 32322]]

    Issued in Renton, Washington, on June 17, 1996.
James V. Devany,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-15957 Filed 6-21-96; 8:45 am]
BILLING CODE 4910-13-U