Airworthiness Directives; Piaggio Aviation S.p.A. Airplanes, 55362-55366 [2023-17575]
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Federal Register / Vol. 88, No. 156 / Tuesday, August 15, 2023 / Rules and Regulations
seat bottom seat-cushion supporting
structure.
ACTION:
Final rule; request for
comments.
6. Femur Criteria
SUMMARY:
Axial rotation of the upper leg (about
the z-axis of the femur per SAE
Recommended Practice J211/1) must be
limited to 35 degrees from the nominal
seated position. Evaluation during
rebound does not need to be considered.
7. ATD and Test Conditions
Longitudinal tests conducted to
measure the injury criteria above must
be performed with the FAA Hybrid III
ATD, as described in SAE 1999–01–
1609, ‘‘A Lumbar Spine Modification to
the Hybrid III ATD for Aircraft Seat
Tests.’’ The tests must be conducted
with an undeformed floor, at the mostcritical yaw cases for injury, and with
all lateral structural supports (e.g.,
armrests or walls) installed.
Note: Boeing must demonstrate that the
installation of seats via plinths or pallets
meets all applicable requirements.
Compliance with the guidance contained in
policy memorandum PS–ANM–100–2000–
00123, ‘‘Guidance for Demonstrating
Compliance with Seat Dynamic Testing for
Plinths and Pallets,’’ dated February 2, 2000,
is acceptable to the FAA.
8. Inflatable Airbag Restraint Systems
Special Conditions
If inflatable airbag restraint systems
are installed, the airbag systems must
meet the requirements in special
conditions 25–386–SC, or other airbag
system special conditions which are
applicable to the Boeing Model 737
series airplanes.
Issued in Des Moines, WA, on August 9,
2023.
Paul R. Siegmund,
Acting Manager, Technical Policy Branch,
Policy and Standards Division, Aircraft
Certification Service.
[FR Doc. 2023–17403 Filed 8–14–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
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14 CFR Part 39
[Docket No. FAA–2023–1712; Project
Identifier MCAI–2023–00821–A; Amendment
39–22523; AD 2023–16–04]
RIN 2120–AA64
Airworthiness Directives; Piaggio
Aviation S.p.A. Airplanes
Federal Aviation
Administration (FAA), DOT.
AGENCY:
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FOR FURTHER INFORMATION CONTACT:
The FAA is adopting a new
airworthiness directive (AD) for certain
Piaggio Aviation S.p.A. (Piaggio) Model
P–180 airplanes. This AD was prompted
by a report of corrosion-induced
cracking on the horizontal tail trim
actuator (HTTA) fitting assembly. This
AD requires repetitively inspecting the
HTTA fitting assembly for corrosion and
cracking until the HTTA fitting
assembly is replaced with a new part.
The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective August 30,
2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of August 30, 2023.
The FAA must receive comments on
this AD by September 29, 2023.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
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: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1712; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this final rule, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The street address for
Docket Operations is listed above.
Material Incorporated by Reference:
• For service information identified
in this final rule, contact Piaggio Aero
Industries S.p.A., P180 Customer
Support, via Pionieri e Aviatori d’Italia,
snc-16154 Genoa, Italy; phone: +39 331
679 74 93; email: technicalsupport@
piaggioaerospace.it.
• You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 901 Locust, Kansas City, MO
64106. For information on the
availability of this material at the FAA,
call (817) 222–5110. It is also available
at regulations.gov under Docket No.
FAA–2023–1712.
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Mike Kiesov, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (816) 329–
4144; email: mike.kiesov@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written data, views, or arguments about
this final rule. Send your comments to
an address listed under ADDRESSES.
Include ‘‘Docket No. FAA–2023–1712;
Project Identifier MCAI–2023–00821–
A’’ at the beginning of your comments.
The most helpful comments reference a
specific portion of the final rule, explain
the reason for any recommended
change, and include supporting data.
The FAA will consider all comments
received by the closing date and may
amend this final rule because of those
comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to
regulations.gov, including any personal
information you provide. The agency
will also post a report summarizing each
substantive verbal contact received
about this final rule.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this AD contain
commercial or financial information
that is customarily treated as private,
that you actually treat as private, and
that is relevant or responsive to this AD,
it is important that you clearly designate
the submitted comments as CBI. Please
mark each page of your submission
containing CBI as ‘‘PROPIN.’’ The FAA
will treat such marked submissions as
confidential under the FOIA, and they
will not be placed in the public docket
of this AD. Submissions containing CBI
should be sent to Mike Kiesov, Aviation
Safety Engineer, FAA, 1600 Stewart
Avenue, Suite 410, Westbury, NY
11590. Any commentary that the FAA
receives which is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
Background
The European Union Aviation Safety
Agency (EASA), which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2023–0122R1, dated July 5, 2023
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Federal Register / Vol. 88, No. 156 / Tuesday, August 15, 2023 / Rules and Regulations
(referred to after this as the MCAI), to
correct an unsafe condition on certain
serial-numbered Piaggio Model P.180
airplanes. The MCAI states an
occurrence was reported where, during
scheduled maintenance, stress
corrosion-induced cracking was found
on the HTTA fitting assembly. The
MCAI states that this type of corrosion
can be found on older airplanes, based
and operated for an extended period of
time near the seaside, exposed to a salty
environment, or parked outside in an
environment of high humidity or
frequent heavy precipitation.
To address the unsafe condition, the
MCAI requires doing a high frequency
eddy current inspection (HFEC) of the
HTTA fitting assembly for corrosion and
cracking and, depending on the
findings, repeating the inspection and
repairing any light corrosion, or
replacing the HTTA fitting assembly
with a new part. The MCAI states that
replacing the HTTA fitting assembly
terminates the repetitive inspections.
This condition, if not addressed,
could result in structural failure of the
HTTA fitting assembly and loss of
control of the airplane. You may
examine the MCAI in the AD docket at
regulations.gov under Docket No. FAA–
2023–1712.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Piaggio Aerospace
Service Bulletin 80–0492, Revision 3,
dated June 12, 2023. This service
information specifies procedures for
doing an HFEC inspection of the HTTA
fitting assembly for corrosion and taking
corrective actions. The corrective
actions include repeating the HFEC
inspection, repairing light corrosion,
and replacing the HTTA fitting
assembly with a new part.
The FAA also reviewed Piaggio
Aerospace Temporary Revision TR–031
to Chapter 51–70–70, dated May 29,
2023, to the Piaggio P.180 Structural
Repair Manual. This service information
specifies procedures for replacing the
HTTA fitting assembly.
This service information is reasonably
available because the interested parties
have access to it through their normal
course of business or by the means
identified in ADDRESSES section.
FAA’s Determination
These products have been approved
by the aviation authority of another
country and are approved for operation
in the United States. Pursuant to the
FAA’s bilateral agreement with this
State of Design Authority, it has notified
the FAA of the unsafe condition
described in the MCAI and service
information referenced above. The FAA
is issuing this AD after determining that
the unsafe condition described
previously is likely to exist or develop
on other products of the same type
design.
AD Requirements
This AD requires accomplishing the
actions specified in the service
information already described, except as
discussed under ‘‘Differences Between
this AD and the MCAI.’’
Differences Between This AD and the
MCAI
The MCAI allows airplanes with
corrosion or cracking in certain areas of
the HTTA fitting assembly to continue
flights and be repaired within 150 hours
time-in-service or 7 months, whichever
occurs first. This AD requires that
airplanes with corrosion exceeding light
corrosion or with cracking on any part
of the HTTA fitting assembly be
repaired before further flight.
Justification for Immediate Adoption
and Determination of the Effective Date
Section 553(b)(3)(B) of the
Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies
to dispense with notice and comment
procedures for rules when the agency,
for ‘‘good cause,’’ finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Under this section, an agency,
upon finding good cause, may issue a
final rule without providing notice and
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seeking comment prior to issuance.
Further, section 553(d) of the APA
authorizes agencies to make rules
effective in less than thirty days, upon
a finding of good cause.
An unsafe condition exists that
requires the immediate adoption of this
AD without providing an opportunity
for public comments prior to adoption.
The FAA has found that the risk to the
flying public justifies forgoing notice
and comment prior to adoption of this
rule because corrosion on the HTTA
fitting assembly could lead to cracking
that, if not addressed, could result in
structural failure of the HTTA fitting
assembly and loss of control of the
airplane. For certain airplanes, the
initial HFEC inspection must be
accomplished within 30 hours time-inservice or 60 calendar days after the
effective date of this AD, whichever
occurs first. This compliance time is
shorter than the time necessary for the
public to comment and for publication
of the final rule. Accordingly, notice
and opportunity for prior public
comment are impracticable and contrary
to the public interest pursuant to 5
U.S.C. 553(b)(3)(B).
In addition, the FAA finds that good
cause exists pursuant to 5 U.S.C. 553(d)
for making this amendment effective in
less than 30 days, for the same reasons
the FAA found good cause to forgo
notice and comment.
Regulatory Flexibility Act
The requirements of the Regulatory
Flexibility Act (RFA) do not apply when
an agency finds good cause pursuant to
5 U.S.C. 553 to adopt a rule without
prior notice and comment. Because the
FAA has determined that it has good
cause to adopt this rule without prior
notice and comment, RFA analysis is
not required.
Costs of Compliance
The FAA estimates that this AD
affects 103 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
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ESTIMATED COSTS
Action
Labor cost
Initially inspect HTTA fitting assembly ............
Report results ..................................................
55 work-hours × $85 per hour = $4,675 ........
1 work-hour × $85 per hour = $85 .................
The FAA estimates the following
costs to do any necessary corrective
action that would be required based on
the results of any inspection. The
agency has no way of determining the
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Cost per
product
Parts cost
$0
0
$4,675
85
Cost on U.S.
operators
$481,525
8,755
number of aircraft that might need these
actions:
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Federal Register / Vol. 88, No. 156 / Tuesday, August 15, 2023 / Rules and Regulations
ON-CONDITION COSTS
Labor cost
Repetitively inspect HTTA fitting assembly ..............
55 work-hours × $85 per hour = $4,675 ..................
0
Report results ...........................................................
Repair light corrosion ................................................
1 work-hour × $85 per hour = $85 ..........................
1 work-hour × $85 per hour = $85 ..........................
0
0
Replace HTTA fitting assembly ................................
13 work-hours × $85 per hour = $1,105 ..................
4,750
Paperwork Reduction Act
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 currently 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 take
approximately 1 hour per response,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
All responses to this collection of
information are mandatory. Send
comments regarding this burden
estimate or any other aspect of this
collection of information, including
suggestions for reducing this burden, to:
Information Collection Clearance
Officer, Federal Aviation
Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177–1524.
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Cost per
product
Action
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.
The FAA is 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
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that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
Regulatory Findings
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,
and
(2) Will not affect intrastate aviation
in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
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 airworthiness
directive:
2023–16–04 Piaggio Aviation S.p.A.:
Amendment 39–22523; Docket No.
FAA–2023–1712; Project Identifier
MCAI–2023–00821–A.
(a) Effective Date
This airworthiness directive (AD) is
effective August 30, 2023.
Frm 00020
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$4,675 per inspection cycle.
$85.
$85 per inspection
cycle.
$5,855.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the following Piaggio
Aviation S.p.A. Model P–180 airplanes,
certificated in any category:
(1) Serial numbers (S/N) 1002, 1034
through 1234 inclusive, 3001 through 3014
inclusive, 3016, and 3018; and
(2) S/N 1004 through 1033 inclusive if
modified in accordance with Piaggio Service
Bulletin 80–0142.
(d) Subject
Joint Aircraft System Component (JASC)
Code: 5520, Elevator Structure.
(e) Unsafe Condition
This AD was prompted by a report of
corrosion-induced cracking on the horizontal
tail trim actuator (HTTA) fitting assembly.
The FAA is issuing this AD to address
structural failure of the HTTA fitting
assembly. The unsafe condition, if not
addressed, could result in loss of control of
the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Definitions
(1) For purposes of this AD, ‘‘light
corrosion’’ is corrosion that does not exceed
a depth of 0.15 millimeter (mm) and does not
extend beyond 1 square inch (645.2 square
mm).
(2) For purposes of this AD, a ‘‘new part’’
is a part with zero hours time-in-service
(TIS).
(h) Inspection
■
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Parts cost
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Within the compliance time for your
airplane listed in Table 1 to paragraph (h) of
this AD, do a high frequency eddy current
inspection of HTTA fitting assembly part
number (P/N) 80–363283–401 for corrosion
and cracking in accordance with Section 2.B.,
Part A, Steps (11) through (14) of the
Accomplishment Instructions in Piaggio
Aerospace Service Bulletin 80–0492,
Revision 3, dated June 12, 2023.
BILLING CODE 4910–13–P
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(i) Corrective Actions
Based on the result of the inspection
required by paragraph (h) of this AD, do the
applicable corrective action within the
applicable compliance time specified in
Table 2 to paragraph (i) of this AD.
BILLING CODE 4910–13–C
repetitive inspections required by paragraph
(i) of this AD for that airplane.
Piaggio Aerospace Service Bulletin 80–0492,
Revision 2, dated May 15, 2023.
(k) Credit for Previous Action
(l) Reporting Requirement
You may take credit for the initial
inspection required by paragraph (h) of this
AD if you performed the initial inspection
before the effective date of this AD using
Report to the manufacturer the results of
each inspection required by paragraphs (h)
and (i) of this AD within the applicable
compliance time specified in paragraph (l)(1)
or (2) of this AD using the Confirmation Slip
(j) Terminating Action
Replacing the HTTA fitting assembly with
a new part in accordance with Piaggio
Aerospace Temporary Revision TR–031 to
Chapter 51–70–70, dated May 29, 2023, to
the Piaggio P.180 Structural Repair Manual
constitutes terminating action for the
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Federal Register / Vol. 88, No. 156 / Tuesday, August 15, 2023 / Rules and Regulations
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attached to Piaggio Aerospace Service
Bulletin 80–0492, Revision 3, dated June 12,
2023.
(1) If the inspection was done on or after
the effective date of this AD: Submit the
report within 10 days after the inspection.
(2) If the inspection was done before the
effective date of this AD: Submit the report
within 10 days after the effective date of this
AD.
(m) Alternative Methods of Compliance
(AMOCs)
The Manager, International Validation
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, mail it to the address identified in
paragraph (n)(2) of this AD or email to: 9AVS-AIR-730-AMOC@faa.gov. If mailing
information, also submit information by
email. Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office.
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(n) Additional Information
(1) Refer to European Union Aviation
Safety Agency (EASA) AD 2023–0122R1,
dated July 5, 2023, for related information.
This EASA AD may be found in the AD
docket at regulations.gov under Docket No.
FAA–2023–1712.
(2) For more information about this AD,
contact Mike Kiesov, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone: (816) 329–
4144; email: mike.kiesov@faa.gov.
(3) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (o)(3) and (4) of this AD.
(o) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Piaggio Aerospace Service Bulletin 80–
0492, Revision 3, dated June 12, 2023.
(ii) Piaggio Aerospace Temporary Revision
TR–031 to Chapter 51–70–70, dated May 29,
2023, to the Piaggio P.180 Structural Repair
Manual.
(3) For service information identified in
this AD, contact Piaggio Aero Industries
S.p.A., P180 Customer Support, via Pionieri
e Aviatori d’Italia, snc-16154 Genoa, Italy;
phone: +39 331 679 74 93; email:
technicalsupport@piaggioaerospace.it.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on
the availability of this material at the FAA,
call (817) 222–5110.
(5) You may view this service information
that is incorporated by reference at the
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National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email: fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
DEPARTMENT OF THE INTERIOR
Issued on August 8, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
RIN 3141–AA32
[FR Doc. 2023–17575 Filed 8–11–23; 4:15 pm]
BILLING CODE 4910–13–P
National Indian Gaming Commission
25 CFR Parts 502, 556, and 558
Definitions; Background Investigation
for Primary Management Officials and
Key Employees; Gaming Licenses for
Primary Management Officials and Key
Employees
National Indian Gaming
Commission, Department of the Interior.
AGENCY:
SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
RIN 0960–AG65
Revised Medical Criteria for Evaluating
Digestive Disorders and Skin
Disorders
Correction
In Rule Document 2023–11771,
appearing on pages 37704 through
37747 in the issue of Thursday, June 8,
2023, make the following correction:
1. On page 37740, in the first column,
after line 43 of Part 404, Appendix 1 to
Subpart P, is corrected as set forth
below.
*
*
*
*
*
■
PART 404—FEDERAL OLD-AGE,
SURVIVORS AND DISABILITY
INSURANCE (1950–) [Corrected]
*
*
*
*
Subpart P—Determining Disability and
Blindness
*
*
*
*
*
Appendix 1 to Subpart P of Part 404—
Listing of Impairments
*
*
*
*
*
(a) The initial calculation is:
SSA CLDi =
9.57 × [loge (serum creatinine mg/dL)]
+ 3.78 × [loge (serum total bilirubin mg/
dL)]
+ 11.2 × [loge (INR)]
+ 6.43
rounded to the nearest whole integer
*
*
*
*
*
[FR Doc. C1–2023–11771 Filed 8–14–23; 8:45 am]
BILLING CODE 0099–10–P
PO 00000
Final rule.
In April 2023, the
Commission issued a revised proposed
rule refining proposed changes to the
‘‘primary management official’’ and
‘‘key employee’’ definitions as well as
the newly proposed definitions for
‘‘Gaming Enterprise’’ and ‘‘Tribal
Gaming Regulatory Authority’’ (TGRA).
The revised proposal, like the 2022
original, also proposed: modernizing
retention requirements for background
investigations and licensing
applications; vesting revocation hearing
rights upon license issuance as well as
in accordance with tribal law,
regulation, or policy; and augmenting
revocation decision notification and
submission requirements. After closely
considering comments received, this
final rule permits tribes to designate
other gaming enterprise employees as
key employees and other employed
gaming enterprise management officials
as primary management officials,
including TGRA personnel. These
optional designations occur by any
documentary means. Further, the key
employee definition no longer sets forth
a wage threshold but includes in the
definition a gaming operation’s four
most highly compensated persons. And
the terms ‘‘independent’’ and
‘‘governmental’’ have been struck from
the TGRA definition, aligning it with a
corresponding definition in NIGC
regulations, part 547. Lastly, license
revocation decisions only require
notifying the Commission of the
revocation along with a copy of the
revocation decision.
SUMMARY:
[Docket No. SSA–2017–0042]
*
ACTION:
DATES:
Effective September 14, 2023.
JoAnn Shyloski, National Indian Gaming
Commission, 1849 C Street NW, MS
161, Washington, DC 20240. Telephone:
(202) 632–7003. Email: JoAnn.Shyloski@nigc.gov. Fax: (202) 632–
7066.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Rules and Regulations]
[Pages 55362-55366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17575]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1712; Project Identifier MCAI-2023-00821-A;
Amendment 39-22523; AD 2023-16-04]
RIN 2120-AA64
Airworthiness Directives; Piaggio Aviation S.p.A. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Piaggio Aviation S.p.A. (Piaggio) Model P-180 airplanes. This
AD was prompted by a report of corrosion-induced cracking on the
horizontal tail trim actuator (HTTA) fitting assembly. This AD requires
repetitively inspecting the HTTA fitting assembly for corrosion and
cracking until the HTTA fitting assembly is replaced with a new part.
The FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective August 30, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 30,
2023.
The FAA must receive comments on this AD by September 29, 2023.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1712; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
For service information identified in this final rule,
contact Piaggio Aero Industries S.p.A., P180 Customer Support, via
Pionieri e Aviatori d'Italia, snc-16154 Genoa, Italy; phone: +39 331
679 74 93; email: [email protected].
You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on the availability of this
material at the FAA, call (817) 222-5110. It is also available at
regulations.gov under Docket No. FAA-2023-1712.
FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (816)
329-4144; email: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2023-1712; Project Identifier MCAI-
2023-00821-A'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Mike
Kiesov, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.
Background
The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, has issued
EASA AD 2023-0122R1, dated July 5, 2023
[[Page 55363]]
(referred to after this as the MCAI), to correct an unsafe condition on
certain serial-numbered Piaggio Model P.180 airplanes. The MCAI states
an occurrence was reported where, during scheduled maintenance, stress
corrosion-induced cracking was found on the HTTA fitting assembly. The
MCAI states that this type of corrosion can be found on older
airplanes, based and operated for an extended period of time near the
seaside, exposed to a salty environment, or parked outside in an
environment of high humidity or frequent heavy precipitation.
To address the unsafe condition, the MCAI requires doing a high
frequency eddy current inspection (HFEC) of the HTTA fitting assembly
for corrosion and cracking and, depending on the findings, repeating
the inspection and repairing any light corrosion, or replacing the HTTA
fitting assembly with a new part. The MCAI states that replacing the
HTTA fitting assembly terminates the repetitive inspections.
This condition, if not addressed, could result in structural
failure of the HTTA fitting assembly and loss of control of the
airplane. You may examine the MCAI in the AD docket at regulations.gov
under Docket No. FAA-2023-1712.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Piaggio Aerospace Service Bulletin 80-0492,
Revision 3, dated June 12, 2023. This service information specifies
procedures for doing an HFEC inspection of the HTTA fitting assembly
for corrosion and taking corrective actions. The corrective actions
include repeating the HFEC inspection, repairing light corrosion, and
replacing the HTTA fitting assembly with a new part.
The FAA also reviewed Piaggio Aerospace Temporary Revision TR-031
to Chapter 51-70-70, dated May 29, 2023, to the Piaggio P.180
Structural Repair Manual. This service information specifies procedures
for replacing the HTTA fitting assembly.
This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES section.
FAA's Determination
These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI and service information referenced above. The FAA is issuing
this AD after determining that the unsafe condition described
previously is likely to exist or develop on other products of the same
type design.
AD Requirements
This AD requires accomplishing the actions specified in the service
information already described, except as discussed under ``Differences
Between this AD and the MCAI.''
Differences Between This AD and the MCAI
The MCAI allows airplanes with corrosion or cracking in certain
areas of the HTTA fitting assembly to continue flights and be repaired
within 150 hours time-in-service or 7 months, whichever occurs first.
This AD requires that airplanes with corrosion exceeding light
corrosion or with cracking on any part of the HTTA fitting assembly be
repaired before further flight.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because corrosion on the HTTA fitting assembly could lead to cracking
that, if not addressed, could result in structural failure of the HTTA
fitting assembly and loss of control of the airplane. For certain
airplanes, the initial HFEC inspection must be accomplished within 30
hours time-in-service or 60 calendar days after the effective date of
this AD, whichever occurs first. This compliance time is shorter than
the time necessary for the public to comment and for publication of the
final rule. Accordingly, notice and opportunity for prior public
comment are impracticable and contrary to the public interest pursuant
to 5 U.S.C. 553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 103 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Initially inspect HTTA fitting 55 work-hours x $85 per $0 $4,675 $481,525
assembly. hour = $4,675.
Report results........................ 1 work-hour x $85 per 0 85 8,755
hour = $85.
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The FAA estimates the following costs to do any necessary
corrective action that would be required based on the results of any
inspection. The agency has no way of determining the number of aircraft
that might need these actions:
[[Page 55364]]
On-Condition Costs
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Action Labor cost Parts cost Cost per product
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Repetitively inspect HTTA fitting 55 work-hours x $85 per 0 $4,675 per inspection cycle.
assembly. hour = $4,675.
Report results....................... 1 work-hour x $85 per 0 $85.
hour = $85.
Repair light corrosion............... 1 work-hour x $85 per 0 $85 per inspection cycle.
hour = $85.
Replace HTTA fitting assembly........ 13 work-hours x $85 per 4,750 $5,855.
hour = $1,105.
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Paperwork Reduction Act
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 currently 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 take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
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.
The FAA is 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
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, and
(2) Will not affect intrastate aviation in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
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 adding the following new airworthiness
directive:
2023-16-04 Piaggio Aviation S.p.A.: Amendment 39-22523; Docket No.
FAA-2023-1712; Project Identifier MCAI-2023-00821-A.
(a) Effective Date
This airworthiness directive (AD) is effective August 30, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the following Piaggio Aviation S.p.A. Model
P-180 airplanes, certificated in any category:
(1) Serial numbers (S/N) 1002, 1034 through 1234 inclusive, 3001
through 3014 inclusive, 3016, and 3018; and
(2) S/N 1004 through 1033 inclusive if modified in accordance
with Piaggio Service Bulletin 80-0142.
(d) Subject
Joint Aircraft System Component (JASC) Code: 5520, Elevator
Structure.
(e) Unsafe Condition
This AD was prompted by a report of corrosion-induced cracking
on the horizontal tail trim actuator (HTTA) fitting assembly. The
FAA is issuing this AD to address structural failure of the HTTA
fitting assembly. The unsafe condition, if not addressed, could
result in loss of control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Definitions
(1) For purposes of this AD, ``light corrosion'' is corrosion
that does not exceed a depth of 0.15 millimeter (mm) and does not
extend beyond 1 square inch (645.2 square mm).
(2) For purposes of this AD, a ``new part'' is a part with zero
hours time-in-service (TIS).
(h) Inspection
Within the compliance time for your airplane listed in Table 1
to paragraph (h) of this AD, do a high frequency eddy current
inspection of HTTA fitting assembly part number (P/N) 80-363283-401
for corrosion and cracking in accordance with Section 2.B., Part A,
Steps (11) through (14) of the Accomplishment Instructions in
Piaggio Aerospace Service Bulletin 80-0492, Revision 3, dated June
12, 2023.
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[[Page 55365]]
[GRAPHIC] [TIFF OMITTED] TR15AU23.005
(i) Corrective Actions
Based on the result of the inspection required by paragraph (h)
of this AD, do the applicable corrective action within the
applicable compliance time specified in Table 2 to paragraph (i) of
this AD.
[GRAPHIC] [TIFF OMITTED] TR15AU23.006
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(j) Terminating Action
Replacing the HTTA fitting assembly with a new part in
accordance with Piaggio Aerospace Temporary Revision TR-031 to
Chapter 51-70-70, dated May 29, 2023, to the Piaggio P.180
Structural Repair Manual constitutes terminating action for the
repetitive inspections required by paragraph (i) of this AD for that
airplane.
(k) Credit for Previous Action
You may take credit for the initial inspection required by
paragraph (h) of this AD if you performed the initial inspection
before the effective date of this AD using Piaggio Aerospace Service
Bulletin 80-0492, Revision 2, dated May 15, 2023.
(l) Reporting Requirement
Report to the manufacturer the results of each inspection
required by paragraphs (h) and (i) of this AD within the applicable
compliance time specified in paragraph (l)(1) or (2) of this AD
using the Confirmation Slip
[[Page 55366]]
attached to Piaggio Aerospace Service Bulletin 80-0492, Revision 3,
dated June 12, 2023.
(1) If the inspection was done on or after the effective date of
this AD: Submit the report within 10 days after the inspection.
(2) If the inspection was done before the effective date of this
AD: Submit the report within 10 days after the effective date of
this AD.
(m) Alternative Methods of Compliance (AMOCs)
The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, mail
it to the address identified in paragraph (n)(2) of this AD or email
to: [email protected]. If mailing information, also submit
information by email. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office.
(n) Additional Information
(1) Refer to European Union Aviation Safety Agency (EASA) AD
2023-0122R1, dated July 5, 2023, for related information. This EASA
AD may be found in the AD docket at regulations.gov under Docket No.
FAA-2023-1712.
(2) For more information about this AD, contact Mike Kiesov,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (816) 329-4144; email:
[email protected].
(3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (o)(3) and (4) of this AD.
(o) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Piaggio Aerospace Service Bulletin 80-0492, Revision 3,
dated June 12, 2023.
(ii) Piaggio Aerospace Temporary Revision TR-031 to Chapter 51-
70-70, dated May 29, 2023, to the Piaggio P.180 Structural Repair
Manual.
(3) For service information identified in this AD, contact
Piaggio Aero Industries S.p.A., P180 Customer Support, via Pionieri
e Aviatori d'Italia, snc-16154 Genoa, Italy; phone: +39 331 679 74
93; email: [email protected].
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901
Locust, Kansas City, MO 64106. For information on the availability
of this material at the FAA, call (817) 222-5110.
(5) You may view this 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, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on August 8, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-17575 Filed 8-11-23; 4:15 pm]
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