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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 39
          - [Docket No. FAA-2010-0778 Directorate Identifier 2010-CE-034-AD; Amendment 39-16490; AD 2010-23-01]
          - RIN 2120-AA64

# 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:

Some cases of corrosion were detected in the interface between the elevator hinges fittings (metallic) and the horizontal stabilizer (carbon fibre); investigation identified the cause in galvanic corrosion between dissimilar materials.

If left uncorrected, this situation could lead to a structural failure of the elevator, which could result in possible loss of control of the aeroplane.

We are issuing this AD to require actions to correct the unsafe condition on these products.

# DATES:

This AD becomes effective December 10, 2010.

On December 10, 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 service information identified in this AD, contact Piaggio Aero Industries S.p.a., Via Cibrario, 4-16154 Genoa, Italy;                         *phone:*                         +39 010 6481 800;                         *fax:*                         +39 010 6481 374;                         *e-mail: tech.support@piaggioaero.it;*                         Internet:                         *http://www.piaggioaero.com.*                         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.                    

# 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;                         *e-mail: sarjapur.nagarajan@faa.gov.*

# SUPPLEMENTARY INFORMATION:

## Discussion

                    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the                     **Federal Register**                     on August 9, 2010 (75 FR 47734). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states:                

Some cases of corrosion were detected in the interface between the elevator hinges fittings (metallic) and the horizontal stabilizer (carbon fibre); investigation identified the cause in galvanic corrosion between dissimilar materials.

If left uncorrected, this situation could lead to a structural failure of the elevator, which could result in possible loss of control of the aeroplane.

This AD requires:

(1) Inspection of the hinges fittings for corrosion and of the stabilizer for delamination;

(2) Repair of the stabilizer, if necessary;

(3) Replacement of the fittings, if corroded;

(4) Improvement of fittings installation;

(5) Installation of aluminum strips in the stabilizer to improve bonding, in accordance with Piaggio Aero Industries (PAI) Service Bulletin (SB) 80-0262 Revision 2.

## Comments

We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public.

## Conclusion

We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed.

## 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 proposed AD will affect 96 products of U.S. registry. We also estimate that it would take about 9 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour.

Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $73,440, or $765 per product.

In addition, we estimate that any necessary follow-on actions would take about 32 work-hours and require parts costing $11,000, for a cost of $13,720 per product. We have no way of determining the number of products that may need these actions.

## 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                           ( print page 68173)                        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 

2. The FAA amends § 39.13 by adding the following new AD: 

**2010-23-01 Piaggio Aero Industries S.p.A.:**                             Amendment 39-16490; Docket No. FAA-2010-0778; Directorate Identifier 2010-CE-034-AD.                        

## Effective Date

(a) This airworthiness directive (AD) becomes effective December 10, 2010.

## Affected ADs

(b) None.

## Applicability

(c) This AD applies to Model PIAGGIO P-180 airplanes, serial numbers 1002 and 1004 through 1191, certificated in any category.

## Subject

(d) Air Transport Association of America (ATA) Code 55: Stabilizers.

## Reason

(e) The mandatory continuing airworthiness information (MCAI) states:

Some cases of corrosion were detected in the interface between the elevator hinges fittings (metallic) and the horizontal stabilizer (carbon fibre); investigation identified the cause in galvanic corrosion between dissimilar materials.

If left uncorrected, this situation could lead to a structural failure of the elevator, which could result in possible loss of control of the aeroplane.

This AD requires:

(1) Inspection of the hinges fittings for corrosion and of the stabilizer for delamination;

(2) Repair of the stabilizer, if necessary;

(3) Replacement of the fittings, if corroded;

(4) Improvement of fittings installation;

(5) Installation of aluminum strips in the stabilizer to improve bonding, in accordance with Piaggio Aero Industries (PAI) Service Bulletin (SB) 80-0262 Revision 2.

## Actions and Compliance

(f) Unless already done, do the following actions:

(1) Within the next 1,500 hours time-in-service (TIS) after December 10, 2010 (the effective date of this AD) or within 4 years after December 10, 2010 (the effective date of this AD), whichever occurs first, do the following:

(i) Remove the left-hand (LH) and the right-hand (RH) elevators and do all of the inspections and corrective actions following the Accomplishment Instructions in Parts A, B, C, D, and E of PIAGGIO AERO INDUSTRIES S.p.A. Service Bulletin (MANDATORY) N.: SB-80-0262, Revision 2, dated March 17, 2010.

(ii) Reinstall the LH and RH elevators and do the final checks following the Accomplishment Instructions, Part F, of PIAGGIO AERO INDUSTRIES S.p.A. Service Bulletin (MANDATORY) N.: SB-80-0262 Revision 2, dated March 17, 2010.

(2) We will allow “unless already done” credit for inspections and corrective actions already done, before the effective date of this AD, following PIAGGIO AERO INDUSTRIES S.p.A. Service Bulletins (MANDATORY) N.: SB-80-0262, original issue dated September 24, 2009; or Revision 1 dated December 23, 2009, for compliance with the requirements of 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:*                             Sarjapur Nagarajan, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106;                             *telephone:*                             (816) 329-4145;                             *fax:*                             (816) 329-4090;                             *e-mail: sarjapur.nagarajan@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 EASA AD No.: 2010-0124 (Correction: June 22, 2010), dated June 22, 2010; and PIAGGIO AERO INDUSTRIES S.p.A. Service Bulletin (MANDATORY) N.: SB-80-0262, Revision 2, dated March 17, 2010, for related information.

## Material Incorporated by Reference

(i) You must use PIAGGIO AERO INDUSTRIES S.p.A. Service Bulletin (MANDATORY) N.: SB-80-0262, Revision 2, dated March 17, 2010, 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;                             *phone:*                             +39 010 6481 800;                             *fax:*                             +39 010 6481 374;                             *e-mail: tech.support@piaggioaero.it;*                             Internet:                             *http://www.piaggioaero.com.*

(3) 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.

                            (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.*

      ( print page 68174)    
Issued in Kansas City, Missouri, on October 21, 2010.

Christina L. Marsh,

Acting Manager, Small Airplane Directorate, Aircraft Certification Service.

[FR Doc. 2010-27456 Filed 11-4-10; 8:45 am]

BILLING CODE 4910-13-P