Airworthiness Directives; Transport Category Airplanes

SUMMARY: This document proposes to revise 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 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 action would provide for an alternative action

regarding the current requirement to install specific placards at

certain locations.

DATES: Comments must be received by December 28, 1994.

ADDRESSES: Submit comments in triplicate to the Federal Aviation

Administration (FAA), Transport Airplane Directorate, ANM-103,

Attention: Rules Docket No. 94-NM-44-AD, 1601 Lind Avenue, SW., Renton,

Washington 98055-4056. Comments may be inspected at this location

between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal

holidays.

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:

Comments Invited

Interested persons are invited to participate in the making of the

proposed rule by submitting such written data, views, or arguments as

they may desire. Communications shall identify the Rules Docket number

and be submitted in triplicate to the address specified above. All

communications received on or before the closing date for comments,

specified above, will be considered before taking action on the

proposed rule. The proposals contained in this notice may be changed in

light of the comments received.

Comments are specifically invited on the overall regulatory,

economic, environmental, and energy aspects of the proposed rule. All

comments submitted will be available, both before and after the closing

date for comments, in the Rules Docket for examination by interested

persons. A report summarizing each FAA-public contact concerned with

the substance of this proposal will be filed in the Rules Docket.

Commenters wishing the FAA to acknowledge receipt of their comments

submitted in response to this notice must submit a self-addressed,

stamped postcard on which the following statement is made: ``Comments

to Docket Number 94-NM-44-AD.'' The postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this NPRM by submitting a request

to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules

Docket No. 94-NM-44-AD, 1601 Lind Avenue, SW., Renton, Washington

98055-4056.

Discussion

In 1974, the FAA issued 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. That AD

requires:

1. installation of placards on each side of each lavatory door over

the door knob, containing wording to prohibit smoking in the lavatory;

2. installation of a placard on or near each lavatory paper or

linen waste disposal receptacle door, containing wording to prohibit

disposing of smoking materials in the waste receptacles;

3. establishment of a procedure to announce to airplane occupants

that smoking is prohibited in the aircraft lavatories;

4. installation of ashtrays on or near the entry side of the

lavatory doors; and

5. repetitive inspections of all lavatory paper and linen waste

receptacle enclosure access doors and disposal doors for proper

operation.

That action was prompted by numerous incidents of fire that had

occurred in the lavatory paper and linen waste receptacles of transport

category airplanes, which were apparently caused by smoking materials

deposited by passengers or crew in these receptacles. These fires can

be a significant threat to the safety of persons on the airplane

because of the emission of toxic smoke and the possibility of the fire

progressing to critical components. The requirements of AD 74-08-09 are

intended to prevent such fires.

Subsequent to the issuance of that AD, certain required actions

contained in it were added to part 25 of the Federal Aviation

Regulations (FAR) (14 CFR part 25) (``Airworthiness Standards:

Transport Category Airplanes'') by amendment 25-51 (issued March 6,

1980), making them applicable to all transport airplane designs

certificated after the effective date of that amendment. Specifically,

amendment 25-51 added a requirement to section 25.853 of the FAR (14

CFR 25.853) calling for the installation of ``No Smoking In Lavatory''

or ``No Smoking'' placards on both sides of the lavatory doors.

Additionally, ``No Smoking'' symbology was permitted to be used on the

placards in addition to the required wording.

Amendment 25-72 (issued August 20, 1990) subsequently relocated

these requirements to section 25.791 of the FAR (14 CFR 25.791)

(``Passenger information signs and placards''). However, during the

process, that amendment also incorporated the current FAA

determinations that the lavatory door placards are acceptable if

located ``on or adjacent to'' the lavatory doors [ref. section

25.791(d)]; and that appropriate ``No Smoking'' symbology may be used

in lieu of wording specifying ``No Smoking,'' ``No Smoking in

Lavatory,'' and ``No Cigarette Disposal'' [ref. section 25.791(e)].

Consequently, there now exists a difference between current type

design philosophy and the requirements of AD 74-08-09.

It has recently come to the FAA's attention that some aircraft

certificated in accordance with section 25.791, amendment 25-72, and

properly equipped with symbology-only placards installed adjacent to

the lavatory doors, are being required to have worded placards added

onto the door in accordance with AD 74-08-09 upon entering service.

The FAA's intent in requiring installation of the ``No Smoking''

placards is to ensure that there is a visual reminder to passengers and

other personnel onboard the airplane that smoking is prohibited in the

lavatories. Whether this visual reminder is in the form or words or

symbols is not necessarily a concern to the FAA, as long as the intent

of the placards is clear and recognizable by the average person. The

FAA considers that having airlines install worded placards in addition

to their currently installed symbology placards represents an

unnecessary cost burden to industry, with no added benefit to safety.

Therefore, the FAA finds it is appropriate to revise AD 74-08-09 in

order to make its requirements for placard installation consistent with

those of part 25 of the FAR.

Since an unsafe condition has been identified that is likely to

exist or develop on other products of this same type design, the

proposed AD would continue to require all of the same actions as

currently required by AD 74-08-09. However, this action proposes to

revise AD 74-08-09 to provide for an alternative action relative to the

current requirement to install specific placards at specific locations.

This proposal would permit operators to install the ``No Smoking''

placards in an area conspicuously located on or adjacent to each side

of the lavatory door. In addition, in lieu of the currently required

specified wording for required placards, this action proposes to permit

the use of symbols that clearly express the intent of the placard.

Since this proposed 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 amendment 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.

The regulations proposed herein would 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

proposal would not have sufficient federalism implications to warrant

the preparation of a Federalism Assessment.

For the reasons discussed above, I certify that this proposed

regulation (1) is not a ``significant regulatory action'' under

Executive Order 12866; (2) is not a ``significant rule'' under the DOT

Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);

and (3) if promulgated, 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 draft

regulatory 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, Safety.

The Proposed Amendment

Accordingly, pursuant to the authority delegated to me by the

Administrator, the Federal Aviation Administration proposes to amend

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.

39.13 [Amended]

2. Section 39.13 is amended by removing amendment 39-1917, and by

adding a new airworthiness directive (AD), to read as follows:

Transport Category Aircraft: 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 Modelx 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 Modesl 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 sections 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:

(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 sections 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.

Issued in Renton, Washington, on October 26, 1994.

Darrell M. Pederson,

Acting Manager, Transport Airplane Directorate, Aircraft Certification

Service.

[FR Doc. 94-27052 Filed 10-31-94; 8:45 am]

BILLING CODE 4910-13-U