[Federal Register Volume 59, Number 210 (Tuesday, November 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27052]
[[Page Unknown]]
[Federal Register: November 1, 1994]
VOL. 59, NO. 210
Tuesday, November 1, 1994
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 94-NM-44-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) 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]
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