AD 2011-10-16

[Federal Register Volume 76, Number 93 (Friday, May 13, 2011)]
[Rules and Regulations]
[Pages 27872-27875]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2011-11330]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0468; Directorate Identifier 2011-CE-013-AD; 
Amendment 39-16697; AD 2011-10-16]
RIN 2120-AA64


Airworthiness Directives; PIAGGIO AERO INDUSTRIES S.p.A Model P-
180 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

[[Page 27873]]


ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above that will supersede an existing AD. This 
emergency AD was sent previously to all known U.S. owners and operators 
of PIAGGIO AERO INDUSTRIES S.p.A (Piaggio) Model PIAGGIO P-180 
airplanes. This AD results from mandatory continuing airworthiness 
information (MCAI) issued by the aviation authority of another country 
to identify and correct an unsafe condition on an aviation product. The 
MCAI describes the unsafe condition as:

    Prompted by reports of water accumulated in the lower part of 
the fuselage on a number of Piaggio Model P.180 aeroplanes, which 
resulted in jamming of the flight controls, on 17 December 2010, the 
Federal Aviation Administration (FAA), the authority of the State of 
Registry of the affected aeroplanes, issued Emergency AD 2011-01-51 
to require an immediate functional test of the fuselage drain holes 
and a report of the results to the FAA. That AD was later 
superseded, on 20 December 2010, by FAA Emergency AD 2011-01-53.
    This condition, if not detected and corrected, could, when the 
aeroplane reaches and holds an altitude where the temperature is 
below the freezing point, cause the flight controls to freeze and 
jam, possibly resulting in loss of control of the aeroplane.
    Since these AD actions were taken, Piaggio Aero Industries, the 
type design approval holder and manufacturer of these aeroplanes, 
have published Alert Service Bulletin (SB) 80-0324, which describes 
the same inspection, testing and correction instructions as 
contained in the FAA Emergency AD. EASA AD 2010-0269-E required the 
inspection and functional testing of the fuselage drain holes, 
corrective actions depending on findings, and reporting of the 
findings to Piaggio Aero Industries.
    Following issuance of EASA AD, another event of in-flight 
blockage of flight controls was reported by an operator. The 
aeroplane was already compliant with EASA AD 2010-0269-E, and during 
accomplishment of the AD required inspection no discrepancies had 
been noted, nor water or ice accumulation were reported. As a 
consequence, additional drain holes were not drilled.

This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD is effective May 31, 2011 to all persons except those 
persons to whom it was made immediately effective by Emergency AD 2011-
09-51, issued on April 26, 2011, which contained the requirements of 
this amendment.
    On May 31, 2011, the Director of the Federal Register approved the 
incorporation by reference of certain publications listed in this AD.
    We must receive comments on this AD by June 27, 2011.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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 AD, contact Piaggio Aero 
Industries S.p.A-Airworthiness Office; Via Luigi Cibrario, 4--16154 
Genova--Italy; telephone: +39 010 6481353; fax: +39 010 6481881; E-
mail: <a href="/cdn-cgi/l/email-protection#8eefe7fcf9e1fcfae6e7e0ebfdfdcefee7efe9e9e7e1efebfce1a0e7fa"><span class="__cf_email__" data-cfemail="5f3e362d28302d2b3736313a2c2c1f2f363e383836303e3a2d3071362b">[email&#160;protected]</span></a>. 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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 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, 901 
Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-
4144; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA received information on two incidents where Piaggio Model 
P-180 airplanes had water accumulation in the belly of the fuselage 
that froze and caused the flight controls to jam. On December 20, 2010, 
we issued Emergency AD 2011-01-53, amendment 39-16582 (76 FR 4056, 
January 24, 2011) to require an immediate functional test of the 
fuselage drain holes and a report of the results to the FAA. It also 
allows, with noted exceptions, for the return/position of the airplane 
to a home base, hangar, maintenance facility, etc.
    Since we issued AD 2011-01-53, another Piaggio P-180 airplane 
experienced jamming of the flight control cables also due to water 
accumulating and freezing in the lower fuselage area. This event 
happened after this airplane had complied with AD 2011-01-53, noting no 
problems with the fuselage drain system.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued AD 
No.: 2011-0074-E, dated April 22, 2011 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    * * * another event of in-flight blockage of flight controls was 
reported by an operator. The aeroplane was already compliant with 
EASA AD 2010-0269-E, and during accomplishment of the AD required 
inspection no discrepancies had been noted, nor water or ice 
accumulation were reported. As a consequence, additional drain holes 
were not drilled.
    For the reasons described above, this AD, which supersedes EASA 
AD 2010-0269-E, requires, in order to improve efficiency of the 
drainage system, to cut the rubber flap of the 2 aft flapper valves, 
to inspect the flapper valves for proper functioning and the 
subsequent accomplishment of a functional test of the fuselage drain 
holes.
    Furthermore, for those MSN not compliant with Piaggio Aero 
Industries Service Bulletin (SB) 80-0291 and where no additional 
drain holes had been drilled in accordance with the accomplishment 
instructions of Piaggio Aero Industries Alert Service Bulletin ASB-
80-0324, step 5, this AD requires drilling additional drain holes.
    It is finally required to report the inspection results to 
Piaggio Aero industries.

    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 
(Mandatory) N.: 80-0330, dated April 21, 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 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 issuing this

[[Page 27874]]

AD because we evaluated all information provided by the State of Design 
Authority and determined the unsafe condition exists and is likely to 
exist or develop on other products of the same type design.

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 have also required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
described in a separate paragraph of the AD. These requirements take 
precedence over those copied from the MCAI.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because water 
may accumulate in the belly of the fuselage and freeze, which may cause 
the flight controls to jam. This condition may lead to loss of control. 
Therefore, we determined that notice and opportunity for public comment 
before issuing this AD are impracticable and that good cause exists for 
making this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2011-0468; Directorate 
Identifier 2011-CE-013-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD will affect 102 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 AD. The average labor rate 
is $85 per work-hour.
    Based on these figures, we estimate the cost of the AD on U.S. 
operators to be $78,030, or $765 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 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); 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.

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 Amendment 39-16582 (76 FR 
4056, January 24, 2011), and adding the following new AD:

2011-09-51 Piaggio Aero Industries S.P.A.: Amendment 39-16697; 
Docket No. FAA-2011-0468; Directorate Identifier 2011-CE-013-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 31, 
2011.

Affected ADs

    (b) This AD supersedes AD 2011-01-53, Amendment 39-16582.

Applicability

    (c) This AD applies to Piaggio Aero Industries S.p.A. Models P-
180 airplanes, all serial numbers, certified in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 53: 
Fuselage.

Reason

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

    * * * another event of in-flight blockage of flight controls was 
reported by an operator. The aeroplane was already compliant with 
EASA AD 2010-0269-E, and during accomplishment of the AD required 
inspection no discrepancies had been noted, nor water or ice 
accumulation were reported. As a consequence, additional drain holes 
were not drilled.
    For the reasons described above, this AD, which supersedes EASA 
AD 2010-0269-E, requires, in order to improve efficiency of the 
drainage system, to cut the rubber flap of the 2 aft flapper valves, 
to inspect the flapper valves for proper functioning and the 
subsequent accomplishment of a functional test of the fuselage drain 
holes.
    Furthermore, for those MSN not compliant with Piaggio Aero 
Industries Service Bulletin (SB) 80-0291 and where no additional 
drain holes had been drilled in accordance with the accomplishment 
instructions of Piaggio Aero Industries Alert Service Bulletin ASB-
80-0324, step 5, this AD requires drilling additional drain holes.
    It is finally required to report the inspection results to 
Piaggio Aero industries.

Actions and Compliance

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

[[Page 27875]]

    (1) Within the next 10 hours time-in-service (TIS) after May 31, 
2011 (the effective date of this AD) or within the next 10 days 
after May 31, 2011 (the effective date of this AD), whichever occurs 
first, cut off the rubber flap of the two flapper valves near frame 
36, inspect the flapper valves, and do the functional test of the 
valves and fuselage drainage holes following Part A of PIAGGIO AERO 
INDUSTRIES S.p.A. Service Bulletin (Mandatory) N.: 80-0330, dated 
April 21, 2011.
    (2) If in the inspection and functional test required in 
paragraph (f)(1) of this AD the valves and drain holes are found to 
not drain properly, before further flight, take corrective action 
following Part A of PIAGGIO AERO INDUSTRIES S.p.A. Service Bulletin 
(Mandatory) N.: 80-0330, dated April 21, 2011.
    (3) Within the next 165 hours TIS after May 31, 2011 (the 
effective date of this AD) or within the next 90 days after May 31, 
2011 (the effective date of this AD), whichever occurs first, add 
drain holes on keel beam webs connecting the lateral bays to the 
center bays following Part B of PIAGGIO AERO INDUSTRIES S.p.A. 
Service Bulletin (Mandatory) N.: 80-0330, dated April 21, 2011; or 
PIAGGIO AERO INDUSTRIES S.p.A. Service Bulletin (Mandatory) N.: 80-
0291, dated November 29, 2010.
    (4) Within 10 days after complying with the actions required in 
paragraphs (f)(1), (f)(2), and (f)(3) of this AD or within 10 days 
after May 31, 2011 (the effective date of this AD), whichever occurs 
later, report the results (including no findings) using the 
Confirmation Slip attached to PIAGGIO AERO INDUSTRIES S.p.A. Service 
Bulletin (Mandatory) N.: 80-0330, dated April 21, 2011. Send the 
report to Piaggio at one of the addresses (facsimile, email) 
referenced in the Related Information section, paragraph (i)(2) 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: Mike Kiesov, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4144; 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 the 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 EASA AD No.: 2011-0074-E, dated April 22, 2011; 
PIAGGIO AERO INDUSTRIES S.p.A. Service Bulletin (Mandatory) N.: 80-
0330, dated April 21, 2011; and PIAGGIO AERO INDUSTRIES S.p.A. 
Service Bulletin (Mandatory) N.: 80-0291, dated November 29, 2010 
for related information.

Material Incorporated by Reference

    (i) You must use PIAGGIO AERO INDUSTRIES S.p.A. Service Bulletin 
(Mandatory) N.: 80-0330, dated April 21, 2011; and PIAGGIO AERO 
INDUSTRIES S.p.A. Service Bulletin (Mandatory) N.: 80-0291, dated 
November 29, 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-Airworthiness Office; Via Luigi 
Cibrario, 4--16154 Genova--Italy; telephone: +39 010 6481353; fax: 
+39 010 6481881; E-mail: <a href="/cdn-cgi/l/email-protection#22434b50554d50564a4b4c47515162524b4345454b4d4347504d0c4b56"><span class="__cf_email__" data-cfemail="17767e65607865637f7e7972646457677e7670707e7876726578397e63">[email&#160;protected]</span></a>.
    (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: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Kansas City, Missouri, on May 4, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-11330 Filed 5-12-11; 8:45 am]
BILLING CODE 4910-13-P