[Federal Register Volume 60, Number 84 (Tuesday, May 2, 1995)]
[Rules and Regulations]
[Pages 21429-21433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10709]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 94-NM-44-AD; Amendment 39-9214; AD 74-08-09 R1]
Airworthiness Directives; Transport Category Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment revises an existing airworthiness directive
(AD) that is applicable to all transport category airplanes. The
existing AD currently requires installation of placards prohibiting
smoking in the lavatory and disposal of cigarettes in the
[[Page 21430]] lavatory waste receptacles; establishment of a procedure
to announce to airplane occupants that smoking is prohibited in the
lavatories; installation of ashtrays at certain locations; and
repetitive inspections to ensure that lavatory waste receptacle doors
operate correctly. That action was prompted by fires occurring in
lavatories, which were caused by, among other things, the improper
disposal of smoking materials in lavatory waste receptacles. The
actions specified by the AD are intended to prevent such fires. This
amendment provides for an alternative action regarding the current
requirement to install specific placards at certain locations.
EFFECTIVE DATE: June 1, 1995.
ADDRESSES: Information pertaining to this rulemaking action may be
examined at the Federal Aviation Administration (FAA), Transport
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton,
Washington.
FOR FURTHER INFORMATION CONTACT: Monica Nemecek, Aerospace Engineer,
Airframe Branch, ANM-120S, Seattle Aircraft Certification Office, FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056; telephone (206) 227-2773; fax (206) 227-1181.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) by revising AD 74-08-09,
amendment 39-1917, which is applicable to all transport category
airplanes having one or more lavatories equipped with paper or linen
waste receptacles, was published in the Federal Register on November 1,
1994 (59 FR 54535). The action proposed to provide for an alternative
action regarding the current requirement to install specific placards
at certain locations.
Disposition of Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
One commenter supports the proposal.
The FAA responds to additional comments and requests for revision
of the proposal as follows:
Request To Add Inspections of Smoke Detectors
One commenter requests that the proposal be revised to include an
additional requirement for a periodic inspection and test of the
lavatory smoke detector. The commenter suggests that such inspections
be required either every six months or at the same time as the
inspections of the trash receptacle doors are required. This commenter
considers that such inspections are necessary because smoke and fire,
as a result of smoking materials deposited in lavatories, continue to
be a hazard. The commenter points out that, in the span of time since
the AD was originally issued in 1974, there have been numerous lavatory
fires reported on transport category airplanes; many of these fires
were not detected by the smoke detectors, but by passengers and crew.
The commenter acknowledges that it is not clear whether the fire
detector failed to function in these cases of fire; however, it is
clear that the detector failed to perform as intended. Since the
National Fire Protection Association recommends inspection and testing
of residential smoke detectors because they are subject to failure, the
commenter believes that a comparable test and inspection of detectors
on airplanes is also warranted.
The FAA does not concur with the commenter's suggestion to revise
the proposal. The FAA has issued numerous AD's, applicable to specific
aircraft models, whenever an unsafe condition has been identified
relative to potential fires in the lavatories. In fact, many AD's as
well as many individual operator's maintenance programs already call
for repetitive inspections of the smoke detectors located in the
lavatories. Notwithstanding these current AD's and practices, the FAA
will continue to monitor the situation within the transport fleet and
may consider the commenter's comments for possible separate rulemaking
action.
Request To Revise Applicability of AD
One commenter requests that the applicability of the proposal be
revised to include only those aircraft types known to be affected by
the existing AD's provisions, and to exclude all aircraft that were
type certificated after August 6, 1974 (the effective date of AD 74-08-
09), when the FAA has confirmed that the approved type design
incorporates the provisions intended by AD 74-08-09. As justification
for this request, the commenter points out the following:
1. The current applicability of the AD makes it applicable to all
transport category airplanes ever built, including those that were type
certificated after the effective date of AD 74-08-09. It also
encompasses all aircraft certificated under Federal Aviation
Regulations (FAR) part 25 (14 CFR part 25) whose type design has
originated during the past 20 years. The applicability of the AD
appears to be a burdensome action placed on the aviation industry for
only a minor FAA administrative convenience.
2. The current ``open-ended'' applicability of the AD places the
manufacturer of airplanes type certificated after August 6, 1974, in a
peculiar position: The FAA makes a finding during type certification
that, in compliance with FAR 21.21(b)(2), ``* * * no feature or
characteristic makes it unsafe for the category in which certification
is requested;'' yet, at the same time, the FAA states that a newly type
certificated/manufactured airplane is ``unsafe'' by the terms of AD 74-
08-09. -
The FAA does not consider that revising the applicability of this
AD, as requested by the commenter, is necessary for the following
reasons:
As for Item 1, above, the FAA acknowledges that almost all of the
requirements of this AD are similar to other requirements of newly-
certified airplanes. However, the FAA does not consider that
accomplishment of the requirements of this AD constitutes any
additional undue burden on operators. For the most part, operators will
be required merely to enter a one-time sign-off in the airplane log to
indicate compliance. (The only requirement of this AD that is not
similar to any other is the requirement that calls for repetitive
inspections of the waste receptacle doors. As is explained later in
this preamble, service history data indicates that the 1,000-hour
repetitive inspections are necessary and appropriate.) To the extent
that the requirements of this AD are similar to those of other rules,
their continued presence as part of this AD emphasizes their importance
and makes it less likely that they will be overlooked.
Additionally, since the various requirements of this AD were
adopted in certification and operating rules at different times and by
different amendments to the FAR, it would make the AD unnecessarily
complex to create exceptions for those airplanes and operators subject
to other requirements.
As for Item 2, above, the FAA does not consider that any
manufacturer would be placed in a ``peculiar situation,'' as described
by the commenter. During the certification process, the manufacturer
will necessarily have to consider the requirements of this AD prior to
certification of an airplane, and will eliminate the unsafe condition
by complying with the AD; therefore, there will be no feature or
characteristic that [[Page 21431]] makes the airplane unsafe as
certificated.
Request To Include Terminating Actions for Requirements of AD
This commenter also requests that the proposal be revised to
provide for ``terminating actions'' for operators whenever the required
ashtrays and placards are installed on the airplane and when the
provisions for the recurring inspections are incorporated into the FAA-
approved inspection program [required by FAR 91.409 (14 CFR 91.409),
``Inspections'']. The commenter contends that, in requiring the
continuing inspection, the FAA has ``gone counter to the commitment of
the Administrator,'' who stated in the preamble to amendments 21-3 and
39-106, ``The agency * * * will not issue AD's as a substitute for
enforcing maintenance rules.'' Revising the proposal in accordance with
the commenter's request, the commenter states that the FAA would
``correct its error'' with respect to enforcement of maintenance rules.
The FAA does not concur with the commenter's request. First,
according to Sec. 39.1 of the FAR (14 CFR 39.1), the issuance of an AD
is based on the finding that an unsafe condition exists or is likely to
develop in aircraft of a particular type design. The responsibilities
placed on the FAA by the Federal Aviation Act do not limit it from
making any unsafe condition--whether resulting from maintenance, design
defect, or otherwise--the proper subject of an AD. Therefore,
regardless of the cause or the source of an unsafe condition, the FAA
has the authority to issue an AD when it is found that an unsafe
condition is likely to exist or develop on other products of the same
type design.
Second, it is within the FAA's authority to issue AD's to require
actions to address unsafe conditions that are not otherwise being
addressed (or addressed adequately) by normal maintenance procedures.
This AD has not been issued as a substitute for enforcement of
maintenance rules. On the contrary, it establishes the maintenance
rule. Currently, there is no other rule that imposes the 1,000-hour
inspection of the waste receptacle doors. Based on in-service history
of problems encountered, it is especially important that the
requirement for these repetitive inspections continue in this AD in
order to ensure that the problem addressed is not reintroduced in the
fleet.
As for providing terminating action for the requirements of AD 74-
08-09, the FAA has not approved any action or modification that would
constitute an appropriate ``terminating action.'' Specifically:
a. With regard to the required installation of placards and
ashtrays, those are one-time actions, requiring no additional
``repetitive'' installations. Once they are installed, operators merely
need to document the appropriate maintenance records to indicate this.
b. With regard to the required procedure for announcements to
aircraft occupants, this, too, would be a one-time action. Once a
procedure is established, the operator would need only document the
appropriate records to indicate this; no further documentation would be
required.
c. With regard to the required repetitive inspections, data
currently available to the FAA indicate that the majority of U.S.
operators of transport category airplanes are conducting these
inspections every 1,000 hours, as specified by the AD, and some are
conducting the inspections more frequently. Many operators have found
discrepancies at the 1,000-hour inspection interval. There currently is
no in-service data to substantiate that any action or modification
exists that would preclude the need for a 1,000-hour inspection. These
repetitive inspections are appropriate, since they ensure that any
discrepancy will be identified and corrected in a timely manner.
Further, the FAA does not concur with the commenter's request to
allow operators to incorporate the provisions for these recurring
inspections into the FAA-approved inspection program as ``terminating
action'' for the AD. Incorporating the repetitive inspection program
into the operator's maintenance or inspection program would allow
escalation of inspection intervals, which the FAA finds inappropriate
without adequate control.
Additionally, while the vast majority of affected U.S.-registered
airplanes are operated under FAA-approved maintenance/inspection
programs, there are some airplanes that are not so operated, namely,
certain airplanes that are excepted from the requirements of FAR part
125 by Sec. 125.1. Because the applicability of the rule includes all
transport airplanes, those ``excepted'' airplanes would still be
subject to the AD's requirements; however, because they are not
operated under an FAA-approved maintenance/inspection program, their
operators would not be able to comply with an AD that required a
revision to that program. Moreover, in accordance with existing
bilateral airworthiness agreements with foreign countries, the FAA
recognizes that one of the purposes of this AD action is to advise
foreign authorities of the addressed unsafe condition, and to provide
them with guidance as to appropriate methods for correcting it. Again,
while revising the FAA-approved maintenance/inspection programs may be
effective for many U.S. carriers, other countries do not regulate
carriers in the same way. Specifically, foreign authorities may not
have the same regulatory system of ``approved maintenance programs'' as
in the U.S. Since the AD is formulated to address a worldwide system
for preventing potential fires, the FAA considers that it would not be
appropriate to change the requirement for the inspections as the
commenter has requested.
Request To Permit Removal of Ashtrays
One commenter requests that the proposal be revised to allow the
removal of lavatory door ashtrays, especially on air carriers that
prohibit smoking, or on flights for which smoking is prohibited under
the appropriate portions FAR section 252 (14 CFR 252, ``Smoking aboard
aircraft''). This commenter points out that the existing AD requires
that ashtrays be installed, while other parts of the FAR prohibit
smoking in the passenger cabin and lavatories for certain flights. This
commenter, a U.S. operator, notes that it has, on occasion, experienced
delays due to missing lavatory door ashtrays, even though smoking is
not permitted during the flight. The commenter recommends that lavatory
door ashtrays be considered ``passenger convenience items'' and, as
such, be dispositioned under the provision of the appropriate Minimum
Equipment List (MEL).
The FAA does not concur. The requirement for the presence of an
ashtray on or near the lavatory door provides a convenient disposal
location for cigarettes (or other smoking material), and thereby
ensures that there is a place to dispose of such material in the event
that the ``no smoking'' policy is not adhered to. Further, the
installation of an ashtray on or near the lavatory door will ensure
that uninformed persons who find themselves with lighted smoking
materials on the airplane will have an obvious location to dispose of
smoking materials before entering the lavatory. Previous experience and
reports have shown that there is a high probability that these persons
may deposit the lighted smoking material in the lavatory paper or linen
receptacle when no safe and convenient place to dispose it exists; such
actions can result in an in-flight fire aboard the airplane.
Accordingly, while the ``no smoking'' [[Page 21432]] policy is a
positive feature that may contribute to safety, it is not meant to be a
substitute for required equipment.
Additionally, the FAA does not concur with the commenter's request
to consider ashtrays as ``passenger convenience items'' that can be
dispositioned under the MEL. As explained above, ashtrays do serve a
safety function and, therefore, must be considered required equipment.
Request To Revise Estimated Cost of Compliance
One commenter requests that the FAA revise its economic impact
estimate relative to the cost of compliance with the AD. This commenter
states that FAA's analysis of the cost may be reasonably representative
of the recurring inspections currently required, but it does not
consider the cost of research and recordkeeping involved when
determining whether or not an airplane is fitted with lavatories or
receptacles subject to the AD. The commenter contends that research and
recordkeeping needed just to confirm that an airplane is not subject to
the AD results in costs approximating the 1.5 work hours that the FAA
indicates is the time required to accomplish the inspections.
The FAA does not concur with the commenter's request. The
applicability statement of the AD clearly limits the AD to those
transport category airplanes that have one or more lavatories equipped
with paper or linen waste receptacles. If an operator is not certain
whether its airplane has lavatories so equipped, it may simply review
the type design (drawings) of the airplane to determine this. A one-
time check of a drawing to determine whether or not the AD is
applicable should not create an undue burden on any operator.
Conclusion
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule as proposed.
Economic Impact
Since this action only provides for an alternative method of
complying with an existing rule, it does not add any new additional
economic burden on affected operators. The current costs associated
with this AD are reiterated below for the convenience of affected
operators:
The costs associated with the currently required placard
installations entail approximately 1 work hour per airplane, at an
average labor rate of $60 per work hour. The cost of required parts is
negligible. Based on these figures, the total cost impact of the
installation requirements of the AD on U.S. operators is estimated to
be $60 per airplane.
The costs associated with the currently required inspections entail
approximately 1.5 work hours per airplane per inspection, at an average
labor rate of $60 per work hour. Based on these figures, the total cost
impact of the inspection requirements of this AD on U.S. operators is
estimated to be $90 per airplane per inspection.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, 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 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C.
106(g); and 14 CFR 11.89.
Sec. 39.13 [Amended] -
2. Section 39.13 is amended by removing amendment 39-1917, and by
adding a new airworthiness directive (AD), amendment 39-9214, to read
as follows:
74-08-09 R1 Transport Category Aircraft: Amendment 39-9214. Docket
94-NM-44-AD. Revises AD 74-08-09, Amendment 39-1917.
-Applicability: All transport category airplanes, certificated
in any category, that have one or more lavatories equipped with
paper or linen waste receptacles.
-Note: The following is a partial list of aircraft, some or all
models of which are type certificated in the transport category and
have lavatories equipped with paper or linen waste receptacles:
-Aerospatiale Models ATR42 and ATR72 series airplanes; -
Airbus Models A300, A310, A300-600, A320, A330, and A340 series
airplanes; -
Boeing Models 707, 720, 727, 737, 747, 757, and 767 series
airplanes; -
Boeing Model B-377 airplanes; -
British Aircraft Models BAC 1-11 series, BAe-146 series, and ATP
airplanes; -
CASA Model C-212 series airplanes; -
Convair Models CV-580, 600, 640, 880 and 990 series airplanes; -
Convair Models 240, 340, and 440 series airplanes; -
Curtiss-Wright Model CW 46; -
de Havilland Models DHC-7 and DHC-8 series airplanes; -
Fairchild Models F-27 and C-82 series airplanes; -
Fairchild-Hiller Model FH-227 series airplanes; -
Fokker Models F27 and F28 series airplanes; -
Grumman Model G-159 series airplanes; -
Gulfstream Model 1159 series airplanes; -
Hawker Siddeley Model HS-748; -
Jetstream Model 4101 series airplanes; -
Lockheed Models L-1011, L-188, L-1049, and 382 series airplanes;
-
Martin Model M-404 airplanes; -
McDonnell Douglas Models DC-3, -4, -6, -7, -8, -9, and -10
series airplanes;
Model MD-88 airplanes; and Model MD-11 series airplanes; -
Nihon Model YS-11; -
Saab Models SF340A and SAAB 340B series airplanes; -
Short Brothers and Harlin Model SC-7 series airplanes; -
Short Brothers Models SD3-30 and SD3-60 series airplanes:
-Compliance: Required as indicated, unless accomplished
previously. -
To prevent possible fires that could result from smoking
materials being dropped into lavatory paper or linen waste
receptacles, accomplish the following: -
(a) Within 60 days after August 6, 1974 (the effective date of
amendment 39-1917, AD 74-08-09), or before the accumulation of any
time in service on a new production aircraft after delivery,
whichever occurs later, except that new production aircraft may be
flown in accordance with Secs. 21.197 and 21.199 of the Federal
Aviation Regulations (14 CFR 21.197 and 21.199) to a base where
compliance may be accomplished, accomplish the requirements of
paragraphs (a)(1) and (a)(2) of this AD: - [[Page 21433]]
(1) Install a placard either on each side of each lavatory door
over the door knob, or on each side of each lavatory door, or
adjacent to each side of each lavatory door. The placards must
either contain the legible words, ``No Smoking in Lavatory'' or ``No
Smoking;'' or contain ``No Smoking'' symbology in lieu of words; or
contain both wording and symbology; to indicate that smoking is
prohibited in the lavatory. The placards must be of sufficient size
and contrast and be located so as to be conspicuous to lavatory
users. -
(2) Install a placard on or near each lavatory paper or linen
waste disposal receptacle door, containing the legible words or
symbology indicating ``No Cigarette Disposal.'' -
(b) Within 30 days after August 6, 1974, establish a procedure
that requires that no later than a time immediately after the ``No
Smoking'' sign is extinguished following takeoff, an announcement be
made by a crewmember to inform all aircraft occupants that smoking
is prohibited in the aircraft lavatories; except that, if the
aircraft is not equipped with a ``No Smoking'' sign, the required
procedure must provide that the announcement be made prior to each
takeoff. -
(c) Within 180 days after August 6, 1974, or before the
accumulation of any time in service on a new production aircraft,
whichever occurs later, except that new production aircraft may be
flown in accordance with Secs. 21.197 and 21.199 of the Federal
Aviation Regulations (14 CFR 21.197 and 21.199) to a base where
compliance may be accomplished, install a self-contained, removable
ashtray on or near the entry side of each lavatory door. One ashtray
may serve more than one lavatory door if the ashtray can be seen
readily from the cabin side of each lavatory door served. -
(d) Within 30 days after August 6, 1974, and thereafter at
intervals not to exceed 1,000 hours time-in-service from the last
inspection; accomplish the following: -
(1) Inspect all lavatory paper and linen waste receptacle
enclosure access doors and disposal doors for proper operation, fit,
sealing, and latching for the containment of possible trash fires. -
(2) Correct all defects found during the inspections required by
paragraph (d)(1) of this AD. -
(e) Upon the request of an operator, the FAA Principal
Maintenance Inspector may adjust the 1,000 hour repetitive
inspection interval specified in paragraph (d)(1) of this AD to
permit compliance at an established inspection period of the
operator if the request contains data to justify the requested
change in the inspection interval. -
(f) This amendment becomes effective on June 1, 1995.
Issued in Renton, Washington, on April 26, 1995.
James V. Devany,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-10709 Filed 5-1-95; 8:45 am]
BILLING CODE 4910-13-U
