Airworthiness Directives; Transport Category Airplanes

DEPARTMENT OF TRANSPORTATION

14 CFR Part 39

[Docket No. 95-NM-233-AD]

Airworthiness Directives; Transport Category Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to revise an existing airworthiness

directive (AD), applicable to all transport category airplanes, that

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 AD also provides for an

alternative action regarding the requirement to install specific

placards at certain locations. That AD was prompted by fires occuring

in lavatories, which were caused by, among other things, the improper

disposal of smoking materials in lavatory waste receptacles. The

actions specified by that AD are intended to prevent such fires. This

action would allow dispatch relief in the event a lavatory door ashtray

is missing.

DATES: Comments must be received by March 12, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation

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

Attention: Rules Docket No. 95-NM-233-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.

This information may be examined at the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Standardization Branch, ANM-113, FAA,

Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,

Washington 98055-4056; telephone (206) 227-2113; fax (206) 227-1149.

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

Federal holidays.

This information may be examined at the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Standardization Branch, ANM-113, FAA,

Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,

Washington 98055-4056; telephone (206) 227-2113; fax (206) 227-1149.

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 95-NM-233-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. 95-NM-233-AD, 1601 Lind Avenue, SW., Renton, Washington

98055-4056.

Discussion

h the following statement is made: ``Comments

to Docket Number 95-NM-233-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. 95-NM-233-AD, 1601 Lind Avenue, SW., Renton, Washington

98055-4056.

Discussion

On April 26, 1995, the FAA issued AD 74-08-09 R1, amendment 39-9214

(60 FR 21429, May 2, 1995), which is applicable to all transport

category airplanes. That AD revised AD 74-08-09, which required

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. The revised AD continues to require

those actions. Additionally, the revised AD provides for an alternative

action regarding the requirement to install specific placards at

certain locations. The original AD was prompted by fires occuring in

lavatories, which were caused by, among other things, the improper

disposal of smoking materials in lavatory waste receptacles. The

requirements of that AD are intended to prevent such fires.

Since the issuance of that AD, the Air Transport Association (ATA)

of America, on behalf of its members, filed a petition for exemption

from certain requirements of AD 74-08-09 R1. In its petition for

exemption, the ATA requested that the FAA allow the external cabin

lavatory door ashtrays to be removed or missing on air carrier

airplanes on which smoking is prohibited or on flights during which

smoking is prohibited. The FAA denied that petition on the basis of

reports indicating that smoking still occurs on these flights

n

from certain requirements of AD 74-08-09 R1. In its petition for

exemption, the ATA requested that the FAA allow the external cabin

lavatory door ashtrays to be removed or missing on air carrier

airplanes on which smoking is prohibited or on flights during which

smoking is prohibited. The FAA denied that petition on the basis of

reports indicating that smoking still occurs on these flights. As an

example, 66 violations of the smoking ban were recorded on air carriers

operating under part 121 of the Federal Aviation Regulations (14 CFR

part 121) between January 1, 1995, and August 17, 1995. Consequently,

on October 19, 1995, the ATA filed a petition for reconsideration of

the denial of its petition for exemption.

In support of its petition for reconsideration, the ATA states that

violations of the smoking ban should be put into perspective. The ATA

points out that U.S. airlines carried over 300 million passengers and

performed approximately 4.5 million departures during that period.

Further, while the data presented by the FAA indicate that illegal

infrequent smoking does occur, no supporting documentation was provided

to explain the specific circumstances regarding these instances [for

example, where the violations occurred (i.e., inside the cabin

lavatory, in the passenger seat, or in the aisle), and what corrective

action was taken by the flight attendants to remedy the situation]. The

ATA contends that, without such information, these violations cannot be

put into proper context or serve as the basis for denial of its

petition for exemption.

The ATA adds that, although the FAA contends in its denial that the

external cabin lavatory door ashtrays serve a safety function, the ATA

believes the presence of those ashtrays serves as an open invitation

for passengers to smoke in certain areas of the airplane. The ATA

states that continuing to require the presence of a lavatory door

ashtray is inexplicable in view of the FAA's approval of the removal of

passenger seat ashtrays

nds in its denial that the

external cabin lavatory door ashtrays serve a safety function, the ATA

believes the presence of those ashtrays serves as an open invitation

for passengers to smoke in certain areas of the airplane. The ATA

states that continuing to require the presence of a lavatory door

ashtray is inexplicable in view of the FAA's approval of the removal of

passenger seat ashtrays. The ATA considers that the required

installation of smoke detectors and trash receptacle fire extinguishers

provide effective safety measures with regard to the lavatory.

The ATA contends that the introduction of the domestic smoking ban

and widespread compliance with that ban have made the requirement for a

lavatory door ashtray unnecessary. The ATA indicates that this

requirement has imposed unjustifiable flight delays and cancellations

upon the travelling and shipping public. For example, one operator,

which flies short segments, has experienced numerous delays and

cancellations due to the requirement; yet, the operator has reported no

passenger violations since the smoking ban was imposed. The ATA adds

that the domestic smoking ban is well known among the travelling

public. Further, pre-departure briefings given by flight attendants,

seat back safety cards, continuously lit ``No Smoking'' placards, and

the introduction of the smoking ban on international flights by some

carriers all reinforce the smoking prohibition.

As an alternative to eliminating the requirement for an external

lavatory door ashtray, the ATA suggests that the FAA develop policy to

allow dispatch relief for operators in the event an ashtray is missing.

The ATA believes that not allowing relief for AD-mandated systems is

warranted in the majority of cases, but that it is apparent that

application of that guideline is not justified in this case

alternative to eliminating the requirement for an external

lavatory door ashtray, the ATA suggests that the FAA develop policy to

allow dispatch relief for operators in the event an ashtray is missing.

The ATA believes that not allowing relief for AD-mandated systems is

warranted in the majority of cases, but that it is apparent that

application of that guideline is not justified in this case. The ATA

states that the FAA defines passenger convenience items as ``those

items related to passenger convenience, comfort or entertainment such

as, but not limited to, galley equipment, movie equipment, ashtrays,

stereo equipment, and overhead reading lamps, etc.'' (The ATA provides

no citation for this definition.) The ATA adds that certain FAA orders

specify that passenger convenience items do not have fixed repair

intervals. The ATA concludes that the FAA has categorized the passenger

seat ashtray as a passenger convenience item and the cabin lavatory

door ashtray as a safety requirement (per AD 74-08-09 R1).

The FAA does not concur with the ATA's request to allow the

external cabin lavatory door ashtrays to be removed or missing on air

carrier airplanes on which smoking is prohibited or on flights during

which smoking is prohibited. Although the FAA only cited 66 reports of

smoking on air carriers on which smoking is banned or on flights during

which smoking is prohibited, it is evident from these reports that

smoking still occurs where prohibited. Such smoking could pose a fire

hazard to the airplane. The FAA finds that installing smoke detectors

and trash receptacle fire extinguishers, as discussed by the commenter,

would only provide a means of detecting and extinguishing a fire.

However, the intent of this proposed AD is to prevent a fire hazard

from occurring

s evident from these reports that

smoking still occurs where prohibited. Such smoking could pose a fire

hazard to the airplane. The FAA finds that installing smoke detectors

and trash receptacle fire extinguishers, as discussed by the commenter,

would only provide a means of detecting and extinguishing a fire.

However, the intent of this proposed AD is to prevent a fire hazard

from occurring. The FAA finds that the requirement for an ashtray on or

near the lavatory door provides a disposal location for cigarettes (or

other smoking materials), and thereby ensures there is a place to

dispose of smoking material in the event the smoking ban is not adhered

to. Additionally, the installation of a lavatory door ashtray ensures

that uninformed persons who find themselves with lighted smoking

materials on the airplane will have an obvious location to dispose of

smoking material before entering the lavatory.

While the smoking ban is undoubtedly a positive feature that may

contribute to safety, the FAA has determined that it does not present

an acceptable level of safety equivalent to that addressed by the

requirement for installation of an external lavatory door ashtray.

Therefore, the FAA considers that requirement necessary to ensure

adequate fire protection aboard transport category airplanes.

The FAA acknowledges that the Master Minimum Equipment List (MMEL)

contains a definition of passenger convenience items that includes

ashtrays among those items. However, the commenter's assertion that the

FAA categorizes ashtrays as passenger convenience items is incorrect.

The FAA intends to address this issue in an action apart from this

proposed AD. Ashtrays, including passenger seat ashtrays, are required

equipment on most airplanes. The FAA has made a finding that if certain

additional conditions are met, the ashtrays may be removed from the

seats; however, part of that finding is based on the requirement that

external lavatory door ashtrays be installed

.

The FAA intends to address this issue in an action apart from this

proposed AD. Ashtrays, including passenger seat ashtrays, are required

equipment on most airplanes. The FAA has made a finding that if certain

additional conditions are met, the ashtrays may be removed from the

seats; however, part of that finding is based on the requirement that

external lavatory door ashtrays be installed.

However, in light of the economic burden the requirement for

installation of a lavatory door ashtray may place on certain operators,

the FAA finds that dispatch relief may be permitted for a period of 10

days, provided that no more than one lavatory door ashtray is missing

from the airplane. For airplanes on which only one lavatory door

ashtray is installed, dispatch relief may be permitted for a period of

3 days if the lavatory door ashtray is missing. Paragraph (d) has been

included in this proposed rule to allow such dispatch relief.

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 revise AD 74-08-09 R1 to continue to require

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. This AD also would continue to

provide for an alternative action regarding the requirement to install

specific placards at certain locations. In addition, this AD would

allow dispatch relief in the event a lavatory door ashtray is missing.

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

would continue to

provide for an alternative action regarding the requirement to install

specific placards at certain locations. In addition, this AD would

allow dispatch relief in the event a lavatory door ashtray is missing.

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 proposed 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

proposed 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 proposed 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

ubstantial 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 USC 106(g), 40113, 44701.

Sec. 39.13 [Amended]

2. Section 39.13 is amended by removing amendment 39-9214 (60 FR

21429, May 2, 1995), and by adding a new airworthiness directive (AD),

to read as follows:

Transport Category Aircraft: Docket 95-NM-233-AD. Revises AD 74-08-

09 R1, Amendment 39-9214.

Applicability: All transport category airplanes, certificated in

any category, that have one or more lavatories equipped with paper

or linen waste receptacles.

els 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

AD 74-08-09, amendment 39-1917), 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. And

(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.''

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. And

(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) Except as provided by paragraph (d) of this AD: 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) The airplane may be operated for a period of 10 days with a

lavatory door ashtray missing, provided that no more than one such

ashtray is missing. For airplanes on which only one lavatory door

ashtray is installed, the airplane may be operated for a period of 3

days if the lavatory door ashtray is missing. This AD permits a

lavatory ashtray to be missing, although the FAA-approved Master

Minimum Equipment List (MMEL) may not allow such provision. In any

case, the provisions of this AD prevail.

no more than one such

ashtray is missing. For airplanes on which only one lavatory door

ashtray is installed, the airplane may be operated for a period of 3

days if the lavatory door ashtray is missing. This AD permits a

lavatory ashtray to be missing, although the FAA-approved Master

Minimum Equipment List (MMEL) may not allow such provision. In any

case, the provisions of this AD prevail.

(e) Within 30 days after August 6, 1974, and thereafter at

intervals not to exceed 1,000 hours time-in-service from the last

inspections, accomplished 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 (e)(1) of this AD.

(f) Upon the request of an operator, the FAA Principal

Maintenance Inspector may adjust the 1,000-hour repetitive

inspection interval specified in paragraph (e) 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.

(g) 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.

Issued in Renton, Washington, on January 10, 1996.

Darrell M. Pederson,

Acting Manager, Transport Airplane Directorate, Aircraft Certification

Service.

[FR Doc. 96-493 Filed 1-18-96; 8:45 am]

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