[Federal Register: June 2, 2003 (Volume 68, Number 105)]
[Rules and Regulations]
[Page 32629-32633]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jn03-3]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-CE-24-AD; Amendment 39-13171; AD 2003-11-12]
RIN 2120-AA64
Airworthiness Directives; MORAVAN a.s. Model Z-242L Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This document supersedes Airworthiness Directive (AD) 2003-03-
13, which currently establishes a technical service life for MORAVAN
a.s. (Moravan) Model Z-242L airplanes by restricting Acrobatic and
Utility category operations and requiring replacement of the wings
after a certain operational time. AD 2003-03-13 resulted from mandatory
continuing airworthiness information (MCAI) issued by the airworthiness
authority for the Czech Republic. The restrictions required by AD 2003-
03-13 only take account for the aerobatic load spectrum and do not
account for the aerobatic frequency. The restrictions also address the
life limit of the wings when they should address the life limit of the
entire airframe (life limit of the airplane). Although the aerobatic
frequency will extend the operational times, it more importantly will
ensure that all airplanes (even those that have not reached the
operational limits) are not subject to fatigue cracking caused by
exceeding the aerobatic frequency. This AD will maintain the
restrictions of AD 2003-03-13, but will incorporate the aerobatic
frequency and life limit the airplane instead of just the wings. The
actions specified by this AD are intended to prevent structural failure
of the wing due to fatigue cracking. Such failure could result in a
wing separating from the airplane with consequent loss of airplane
control.
DATES: This AD becomes effective on June 5, 2003.
The Director of the Federal Register previously approved the
incorporation by reference of Moravan Mandatory Service Bulletin Z
242L/27a--Rev. 1, dated October 31, 2000, as of March 21, 2003 (68 FR
4910, January 31, 2003).
The Director of the Federal Register approved the incorporation by
reference of Moravan Mandatory Service Bulletin Z 242L/27a--Rev. 2; and
Moravan Mandatory Service Bulletin Z24L/38a--Rev. 1, both dated April
15, 2003, as of June 5, 2003.
The Federal Aviation Administration (FAA) must receive any comments
on this rule on or before July 7, 2003.
ADDRESSES: Submit comments to FAA, Central Region, Office of the
Regional Counsel, Attention: Rules Docket No. 2003-CE-24-AD, 901
Locust, Room 506, Kansas City, Missouri 64106. You may view any
comments at this location between 8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays. You may also send comments
electronically to the following address: 9-ACE-7-Docket@faa.gov.
Comments sent electronically must contain ``Docket No. 2003-CE-24-AD''
in the subject line. If you send comments electronically as attached
electronic files, the files must be formatted in Microsoft Word 97 for
Windows or ASCII text.
You may get the service information referenced in this AD from
Moravan, Inc., 765 81 Otrokovice, Czech Republic; telephone: +420 67
767 3940; facsimile: +420 67 792 2103. You may view this information at
FAA, Central Region, Office of the Regional Counsel, Attention: Rules
Docket No. 2003-CE-24-AD, 901 Locust, Room 506, Kansas City, Missouri
64106; or at the Office of the Federal Register, 800 North Capitol
Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4059; facsimile: (816) 329-4090.
SUPPLEMENTARY INFORMATION:
Discussion
Has FAA Taken Any Action to This Point?
The Civil Aviation Authority for the Czech Republic (CAA CZ)
reported to FAA that Moravan Model Z-242L airplanes are operated over
the load spectrum that was used at certification and are in need of a
technical service life. This caused FAA to issue AD 2003-03-13,
Amendment 39-13037 68 FR 4905, January 31, 2003). AD 2003-03-13
establishes a technical service life for these airplanes by restricting
Acrobatic and Utility category operations and requiring replacement of
the wings after a certain operational time period. The technical
service life required by AD 2003-03-13 is as follows:
[[Page 32630]]
------------------------------------------------------------------------
Acrobatic and
utility category All operations
operations
------------------------------------------------------------------------
Group 1..................... 190 hours time-in- 3,500 hours TIS. New
service (TIS) only wings must be
in these installed prior to
categories. further operation.
Operation only in
the Normal category
thereafter.
Group 2..................... 450 hours TIS only 5,500 hours TIS. New
in these wings must be
categories. installed prior to
Operation only in further operation.
the Normal category
thereafter.
------------------------------------------------------------------------
Accomplishment of AD 2003-03-13 is required in accordance with the
following:
--Mandatory Service Bulletin Z 242L/27a--Rev. 1, dated October 31,
2000: This service bulletin includes procedures for installing
strengthened wings on airplanes with a serial number in the range of
0001 through 0656; and
--Mandatory Service Bulletin Z 242L/37a (Z 142C/17a), Rev. 1, and
Mandatory Service Bulletin Z 242L/38a (Z 142C/18a), both dated October
31, 2000: These service bulletins include criteria for a new technical
service life of the affected airplanes and specify operational
limitations for Acrobatic and Utility category operations.
What Has Happened Since AD 2003-03-13 To Initiate This Action?
The Civil Aviation Authority Czech Republic (CAA CZ), which is the
airworthiness authority for the Czech Republic, notified FAA of the
need to change AD 2003-03-13. The CAA reports that the restriction and
replacement actions of AD 2003-03-13 do not completely address the
unsafe condition.
The restrictions only take account for the aerobatic load spectrum
and do not account for the aerobatic frequency. Although the aerobatic
frequency will extend the operational times, it more importantly will
ensure that all airplanes (even those that have not reached the
operational limits) are not subject to fatigue cracking caused by
exceeding the aerobatic frequency.
The restrictions also address the life limit of the wings when they
should address the life limit of the entire airframe (life limit of the
airplane). The CAA CZ reports that the AD change is necessary to:
--Address the aerobatic frequency so affected airplanes that are
operated in accordance with the current restrictions do not continue to
be subject to the unsafe condition because the aerobatic frequency was
not accounted for;
--Life limit the entire airplane instead of just the wings; and
--Prevent structural failure of the wing due to fatigue cracking. Such
failure could result in a wing separating from the airplane with
consequent loss of airplane control.
Why Should the Affected Airplanes Be Life Limited?
The airframe of the Moravan Model Z-242L airplanes has always been
life limited. The problem is that there have been numerous changes to
the Airworthiness Limitations section of the maintenance manual, which
has caused confusion as to what the actual life limits are. These life
limits vary between 3,500 hours time-in-service (TIS) and 5,500 hours
TIS, and the affected airplanes incorporate both unstrengthened wings
and strengthened wings.
In addition, the CAA CZ has accomplished fatigue testing on both
the unstrengthened wings and strengthened wings using the FAA-approved
load spectrum and aerobatic frequency. This testing shows that:
--The 3,500-hour TIS total airframe life limit and 190-hour TIS
acrobatic and utility category restriction is necessary for airplanes
with the unstrengthened wings; and
--The airplanes with strengthened wings are safe to fly up to 5,500
hours TIS total time.
The CAA CZ is continuing to test and analyze the strengthened
wings. This testing and analysis could show that, with certain
modifications or additional equipment, the airplanes could be operated
past 5,500 hours TIS. As the CAA CZ shares this information, FAA may
initiate additional rulemaking to address this matter. We will also
consider alternative methods of compliance submitted in accordance with
the procedures specified in the AD on a case-by-case basis.
Is There Service Information That Applies to This Subject?
Moravan has issued the following revised service information:
--Mandatory Service Bulletin Z 242L/38a--Rev. 1, dated April 15, 2003;
and
--Mandatory Service Bulletin Z 242L/27a--Rev. 2, dated April 15, 2003;
The service bulletin revisions incorporate updated information and
specify which AFM and maintenance manual revisions apply to individual
airplanes.
What Action Did the CAA CZ Take?
The CAA CZ classified these service bulletins as mandatory and
issued CAA-AD-T-100/2000R1, dated April 28, 2003, in order to ensure
the continued airworthiness of these airplanes in the Czech Republic.
Was This in Accordance With the Bilateral Airworthiness Agreement?
This airplane model is manufactured in Czech Republic and is type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement.
Pursuant to this bilateral airworthiness agreement, the CAA CZ has
kept us informed of the situation described above.
The FAA's Determination and an Explanation of the Provisions of This AD
What Has FAA Decided?
The FAA has examined the findings of Czech Republic; reviewed all
available information, including the service information referenced
above; and determined that:
--The unsafe condition referenced in this document exists or could
develop on type design Moravan Model Z 242L airplanes that are
registered for operation in the United States;
--The actions specified in the previously-referenced service
information (as specified in this AD) should be accomplished on the
affected airplanes; and
--AD action should be taken in order to correct this unsafe condition.
What Does This AD Require?
This action supersedes AD 2003-03-13 with a new AD that requires an
adjustment to the operational limitations based on the aerobatic
frequency and changes the life limit to the entire airplane instead of
just the wings. The operational limitations adjustment consists of
incorporating information into the Limitations Section of the Airplane
Flight Manual (AFM) and the Airworthiness Limitations section of the
maintenance manual.
[[Page 32631]]
In preparation of this rule, we contacted Moravan America, type
clubs, and aircraft operators to obtain technical information and
information on operational and economic impacts. We have included, in
the rulemaking docket, a discussion of information that may have
influenced this action. This includes notes from the meeting between
FAA and Moravan America.
How Does the Revision to 14 CFR Part 39 Affect This AD?
On July 10, 2002, FAA published a new version of 14 CFR part 39 (67
FR 47997, July 22, 2002), which governs FAA's AD system. This
regulation now includes material that relates to special flight
permits, alternative methods of compliance, and altered products. This
material previously was included in each individual AD. Since this
material is included in 14 CFR part 39, we will not include it in
future AD actions.
Will I Have the Opportunity To Comment Prior to the Issuance of the
Rule?
Because the unsafe condition described in this document could
result in a wing separating from the airplane with consequent loss of
control of the airplane, we find that notice and opportunity for public
prior comment are impracticable. Therefore, good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
How Do I Comment on This AD?
Although this action is in the form of a final rule and was not
preceded by notice and opportunity for public comment, FAA invites your
comments on the rule. You may submit whatever written data, views, or
arguments you choose. You need to include the rule's docket number and
submit your comments to the address specified under the caption
ADDRESSES. We will consider all comments received on or before the
closing date specified above. We may amend this rule in light of
comments received. Factual information that supports your ideas and
suggestions is extremely helpful in evaluating the effectiveness of
this AD action and determining whether we need to take additional
rulemaking action.
Are There Any Specific Portions of This AD I Should Pay Attention to?
We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. You may view all comments we receive
before and after the closing date of the rule in the Rules Docket. We
will file a report in the Rules Docket that summarizes each FAA contact
with the public that concerns the substantive parts of this AD.
How Can I Be Sure FAA Receives My Comment?
If you want us to acknowledge the receipt of your comments, you
must include a self-addressed, stamped postcard. On the postcard, write
``Comments to Docket No. 2003-CE-24-AD.'' We will date stamp and mail
the postcard back to you.
Regulatory Impact
Does This AD Impact Various Entities?
These regulations will not have a substantial direct effect 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, FAA has determined that this
final rule does not have federalism implications under Executive Order
13132.
Does This AD Involve a Significant Rule or Regulatory Action?
We have determined that this regulation is an emergency regulation
that must be issued immediately to correct an unsafe condition in
aircraft, and is not a significant regulatory action under Executive
Order 12866. It has been determined further that this action involves
an emergency regulation under DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979). If it is determined that this
emergency regulation otherwise would be significant under DOT
Regulatory Policies and Procedures, a final regulatory evaluation will
be prepared and placed in the Rules Docket (otherwise, an evaluation is
not required). A copy of it, if filed, may be obtained from the Rules
Docket. 4
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
Reference, Safety.
Adoption of the Amendment
0
Accordingly, under 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
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. FAA amends Sec. 39.13 by removing Airworthiness Directive (AD)
2003-03-13, Amendment 39-13037 (68 FR 4905, January 31, 2003), and by
adding a new AD to read as follows:
2003-11-12 MORAVAN A.S.: Amendment 39-13171; Docket No. 2003-CE-24-
AD; Supersedes AD 2003-03-13, Amendment 39-13037.
(a) What airplanes are affected by this AD? This AD affects
Model Z-242L airplanes, all serial numbers, that are certificated in
any category.
(b) Who must comply with this AD? Anyone who wishes to operate
any of the airplanes identified in paragraph (a) of this AD must
comply with this AD.
(c) What problem does this AD address? The actions specified by
this AD are intended to prevent structural failure of the wing due
to fatigue cracking. Such failure could result in a wing separating
from the airplane with consequent loss of airplane control.
(d) What actions must I accomplish to address this problem? To
address this problem, you must establish a technical service life
and restrict Acrobatic and Utility category operations. This must be
done by accomplishing the following, as applicable:
------------------------------------------------------------------------
Actions Compliance Procedures
------------------------------------------------------------------------
(1) For all affected As of March 21, 2003 This is specified in
airplanes: You must (the effective date Moravan Mandatory
annotate Acrobatic and of AD 2003-03-13). Service Bulletin Z
Utility category 242L/37a (Z 142C/
operational time in the 17a), Rev. 1, dated
logbook. If the airplane is October 31, 2000;
utilized in either of these and Moravan
categories at any time Mandatory Service
during a flight, you must Bulletin Z 242L/38a
annotate the total time for (Z142C/18a)--Rev.
that flight in the Utility 1, April 15, 2003.
or Acrobatic category, as The owner/operator
appropriate. holding at least a
private pilot
certificate as
authorized by
section 43.7 of the
Federal Aviation
Regulations (14 CFR
43.7) may annotate
the logbook.
[[Page 32632]]
(2) If you have an airplane On or before June As specified in
with a serial number in the 15, 2003 (10 days Moravan Mandatory
range of 0001 through 0656 after the effective Service Bulletin Z
that does not have date of this AD). 242L/38a--Rev. 1,
strengthened wings dated April 15,
installed (both left and 2003. The owner/
right wings) in accordance operator holding at
with Moravan Mandatory least a private
Service Bulletin Z 242L/ pilot certificate
27a--Rev 2. dated April 15, as authorized by
2003, or Rev. 1, dated section 43.7
October 31, 2000, Federal Aviation
accomplish the following: Regulations (14 CFR
(i) Incorporate aerobatic 43.7) may
frequency information into accomplish the
the Limitations Section of Limitation Section
the Airplane Flight Manual incorporation
(AFM); and. requirement of this
(ii) Establish the airplane AD. Make an entry
life limit to 3,500 hours into the aircraft
TIS by incorporating the records showing
applicable information into compliance with
the Airworthiness these portions of
Limitations section of the the AD in
maintenance manual. accordance with
section 43.9 of the
Federal Aviation
Regulations (14 CFR
43.9).
(3) If you have an airplane AFM incorporation: AFM incorporation:
with a serial number in the Upon the The owner/operator
range of 0001 through 0656 accumulation of 190 holding at least a
that does not have hours time-in- private pilot
strengthened wings service (TIS) in certificate as
installed (both left and the Acrobatic authorized by
right wings) in accordance category and/or section 43.7 of the
with Moravan Mandatory Utility category or Federal Aviation
Service Bulletin Z 242L/ on or before June Regulations (14 CFR
27a--Rev. 2. dated April 10, 2003 (90 days 43.7) may
15, 2003, or Rev. 1, dated after the effective accomplish this AFM
October 31, 2000, date of AD 2003-03- insertion of this
accomplish the following: 13), whichever AD. Make an entry
(i) Insert the following occurs later; and into the aircraft
information into the Replacement: Upon records showing
Limitations Section of the the accumulation of compliance with
Airplane Flight Manual 3,500 hours TIS in these portions of
(AFM): ``Do not operate in all operations or the AD in
the Acrobatic or Utility within the next 50 accordance with
category. Operate in the hours TIS in all section 43.9 of the
Normal category only.''. operations after Federal Aviation
(ii) Replace both wings with March 21, 2003 (the Regulations (14 CFR
the following part numbers:. effective date of 43.9). This
(A) L 242.2100 left-hand AD 2003-03-13), operational
wing; and. whichever occurs restriction is
(B) L 242.2200 right-hand later. This referenced in
wing.. replacement will Moravan Mandatory
allow you to Service Bulletin Z
operate the 242L/37a (Z 142C/
airplane for a 17a), Rev. 1, dated
total of 5,500 October 31, 2000.
hours TIS. The time Replacement: In
accumulated with accordance with
unstrengthened Moravan Mandatory
wings installed Service Bulletin Z
counts toward this 242L/27a--Rev. 2,
5,500 hours TIS. dated April 15,
2003, or Rev. 1,
dated October 31,
2000.
(4) If you have an airplane On or before June As specified in
with a serial number of 15, 2003 (10 days Moravan Mandatory
0657 or higher or one in after the effective Service Bulletin Z
the range of 0001 through date of this AD). 242L/38a--Rev. 1,
0656 that has strengthened dated April 15,
wings (both left and right) 2003. The owner/
installed in accordance operator holding at
with Moravan Mandatory least a private
Service Bulletin Z 242L/ pilot certificate
27a--Rev. 1, dated October as authorized by
31, 2000, or Rev. 2, dated section 43.7 of the
April 15, 2003, accomplish Federal Aviation
the following: Regulations (14 CFR
(i) Incorporate aerobatic 43.7) may
frequency information into accomplish the AFM
the Limitations Section of and maintenance
the Airplane Flight Manual manual
(AFM); and. incorporation
(ii) Establish the airplane requirement of this
life limit to 5,500 hours AD. Make an entry
TIS and establish by into the aircraft
incorporating the records showing
applicable information into compliance with
the Airworthiness these portions of
Limitations section of the the AD in
maintenance manual. accordance with
section 43.9 of the
Federal Aviation
Regulations (14 CFR
43.9).
(5) For all affected As of March 21, 2003 Not Applicable.
airplanes: only install a (the effective date
wing with a part number of of AD 2003-03-13).
L242.2100 left-hand wing or
L 242.2200 right-hand wing.
The airplane is still life
limited to a total of 5,500
hours TIS.
------------------------------------------------------------------------
(e) Can I comply with this AD in any other way?
(1) To use an alternative method of compliance or adjust the
compliance time, follow the procedures in 14 CFR 39.19. Send these
requests to the Manager, Standards Office, Small Airplane
Directorate. For information on any already approved alternative
methods of compliance, contact Doug Rudolph, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4059; facsimile: (816) 329-
4090.
(2) Alternative methods of compliance approved in accordance
with AD 2003-03-13, which is superseded by this AD, are not approved
as alternative methods of compliance with this AD.
(f) Are any service bulletins incorporated into this AD by
reference?
(1) Actions required by this AD must be done in accordance with
Moravan Mandatory Service Bulletin Z 242L/27a--Rev. 2, dated April
15, 2003, or Moravan Mandatory Service Bulletin Z 242L/27a--Rev. 1,
dated October 31, 2000; and Moravan Mandatory Service Bulletin Z
242L/38a--Rev. 1, dated April 15, 2003.
(i) The Director of the Federal Register previously approved the
incorporation by reference of Moravan Mandatory Service Bulletin Z
242L/27a--Rev. 1, dated October 31, 2000, under 5 U.S.C. 552(a) and
1 CFR part 51 as of March 21, 2003 (68 FR 4910, January 31, 2003).
(ii) The Director of the Federal Register approved the
incorporation by reference of Moravan Mandatory Service Bulletin Z
242L/27a--Rev. 2; and Moravan Mandatory Service Bulletin Z 242L/
38a--Rev. 1, both dated April 15, 2003, under 5 U.S.C. 552(a) and 1
CFR part 51.
(2) You may get copies from Moravan, Inc., 765 81 Otrokovice,
Czech Republic; telephone: +420 67 767 3940; facsimile: +420 67 792
2103. You may view copies at the FAA, Central Region, Office of the
Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri, or at
the Office of the Federal Register, 800 North Capitol Street, NW.,
suite 700, Washington, DC.
[[Page 32633]]
(g) Does this AD action affect any existing AD actions? This
amendment supersedes AD 2003-03-13, Amendment 39-13037.
(h) When does this amendment become effective? This amendment
becomes effective on June 5, 2003.
Note: The subject of this AD is addressed in CAA-AD-T-100/
2000R1, dated April 28, 2003.
Issued in Kansas City, Missouri, on May 22, 2003.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 03-13384 Filed 5-30-03; 8:45 am]
BILLING CODE 4910-13-P