AD 96-19-02

This amendment adopts a new airworthiness directive (AD) that applies to Industrie Aeronautiche E Meccaniche (I.A.M.) Model Piaggio P-180 airplanes. This action requires modifying the passenger seat cushion next to the emergency exit door handle. Reports of interference between the passenger seat cushion and the emergency exit door handle, preventing the door from opening from the outside, prompted this AD action. The actions specified by the AD are intended to prevent the possibility of not being able to open the emergency exit door during an emergency evacuation of the airplane, which could result in injury to the passengers.

Final rule.

96-19-02 INDUSTRIE AERONAUTICHE E MECCANICHE: Amendment 39-9750; Docket No. 95-CE-78-AD.

Applicability: Model Piaggio P-180 airplanes (serial numbers 1002, and 1004 through 1022), certificated in any category.

NOTE 1: This AD applies to each airplane identified in the preceding applicability provision, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For airplanes that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph (c) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it.

Compliance: Required within the next100 hours time-in-service after the effective date of this AD, unless already accomplished.

To prevent the possibility of not being able to open the emergency exit door during an emergency evacuation of the airplane, which could result in injury to the passengers, accomplish the following:

(a) Modify the passenger seat cushion in accordance with I.A.M. Rinaldo Piaggio Service Bulletin 80-0043; Original Issue: July 28, 1993.

(b) 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.

(c) An alternative method of compliance or adjustment of the compliance time that provides an equivalent level of safety may be approved by the Manager Brussels Aircraft Certification Division, FAA, Europe, Africa, and Middle East Office, c/o American Embassy, B-1000 Brussels, Belgium or the Manager, SmallAirplane Directorate, Aircraft Certification Service, FAA, 1201 Walnut, suite 900, Kansas City, Missouri 64105. The request shall be forwarded through an appropriate FAA Maintenance Inspector, who may add comments and then send it to the Manager, Brussels Aircraft Certification Division or the Manager, Small Airplane Directorate.

NOTE 2: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Brussels Aircraft Certification Division or the Small Airplane Directorate.

(d) The modification required by this AD shall be done in accordance with I.A.M Rinaldo Piaggio Service Bulletin 80-0043; Original Issue: July 28, 1993. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from I.A.M. Rinaldo Piaggio, S.p.A., Via Cibrario, 4 16154 Genoa, Italy. Copies may be inspected at the FAA, Central Region, Office of the Assistant Chief Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri, or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

(e) This amendment becomes effective on October 28, 1996.

A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to Piaggio Model P-180 airplanes was published in the Federal Register on April 29, 1996 (61 FR 8696). The action proposed to require modifying the passenger seat cushion to prevent the seat cushion trim from interfering with the emergency exit door handle.

Interested persons have been afforded an opportunity to participate in the making of this amendment. No comments were received on the proposed rule or the FAA's determination of the cost to the public.

The FAA discovered minor errors in the notice of proposed rulemaking (NPRM) after it was published. In the NPRM, the reference to the service bulletin (SB) that is applicable to this action contained the wrong issue date, September 30, 1993. The correct date for I.A.M. Rinaldo Piaggio SB 80-0043 is July 28, 1993, and is correctly reflected in the final rule AD. In addition, the FAAhas changed the designation of the type certificate holder and the airplane model to reflect what is currently included in the type certificate data sheet.

After careful review of all available information related to the subject presented above, the FAA has determined that air safety and the public interest require the adoption of the rule as proposed except for the above referenced changes and minor editorial corrections. The FAA has determined that these changes and minor corrections will not change the meaning of the AD and will not add any additional burden upon the public than was already proposed.

The FAA estimates that 4 airplanes of U.S. registry will be affected by this AD, that it will take approximately 4 workhours per airplane to accomplish this action, and that the average labor rate is approximately $60 an hour. Parts will be furnished by the manufacturer at no cost to the owners/operators. Based on these figures, the total cost impact of this AD on U.S. operators is estimated to be $960. This figure is based on the assumption that none of the owners/operators of the affected airplanes have modified the airplanes. I.A.M. has informed the FAA that all 4 of the Model Piaggio P-180 airplanes registered for operation in the United States had the passenger seat cushion modified. Consequently, there is no further cost to U.S. operators for this AD.

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 copy of the final evaluation prepared for this action is contained in the Rules Docket. A copy of it may be obtained by contacting the Rules Docket at the location provided under the caption "ADDRESSES".

List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, 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 USC 106(g), 40113, 44701.

Section 39.13 - [AMENDED]2. Section 39.13 is amended by adding a new airworthiness directive (AD) to read as follows: