[Federal Register: May 12, 2009 (Volume 74, Number 90)]
[Proposed Rules]
[Page 22127-22129]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12my09-14]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0446; Directorate Identifier 2009-CE-024-AD]
RIN 2120-AA64
Airworthiness Directives; EADS-PZL ``Warszawa-Ok[eogon]cie'' S.A.
Model PZL-104 WILGA 80 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above that would supersede an existing AD. This
proposed AD results from mandatory continuing airworthiness information
(MCAI) originated by an aviation authority of another country to
identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as:
An inspection of a PZL-104 aeroplane that had a relatively long
operational background revealed a severe corrosion of the steel
front fuselage structural elements.
It is likely that such corrosion can also be present on other
aeroplanes of similar design and operational history.
If left uncorrected, this condition could lead to loss of
strength of the structural front posts elements and consequent
reduction of the structural strength of the aeroplane.
The proposed AD would require actions that are intended to address
the unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by June 11, 2009.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Examining the AD Docket
You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone (800) 647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4059; fax: (816) 329-4090.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0446;
Directorate Identifier 2009-CE-024-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to http://
regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued AD
No.: 2009-0072, dated March 31, 2009 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:
An inspection of a PZL-104 aeroplane that had a relatively long
operational background revealed a severe corrosion of the steel
front fuselage structural elements.
It is likely that such corrosion can also be present on other
aeroplanes of similar design and operational history.
If left uncorrected, this condition could lead to loss of
strength of the structural front posts elements and consequent
reduction of the structural strength of the aeroplane.
For the reason stated above, this Airworthiness Directive (AD)
mandates inspecting the fuselage front posts, repairing any
corrosion found and replacing pads made of foam rubber by pads made
of Neoprene to prevent water ingression.
[[Page 22128]]
You may obtain further information by examining the MCAI in the AD
docket.
On April 15, 2009, we issued AD 2009-09-04, Amendment 39-15890 (74
FR 18979; April 27, 2009). That AD required actions intended to address
an unsafe condition on the products listed above.
The Administrative Procedure Act does not permit the FAA to
``bootstrap'' a long-term requirement into an urgent safety of flight
action where the rule becomes effective at the same time the public has
the opportunity to comment. The short-term action and the long-term
action were analyzed separately for justification to bypass prior
public notice.
We are issuing this proposed AD to address the mandatory long-term
action of repetitively inspecting the fuselage front posts through a
revision to the airplane maintenance program.
Relevant Service Information
EADS PZL ``Warszawa-Ok[eogon]cie'' S.A. has issued:
Mandatory Bulletin (MB) No. 10409036, dated March 18,
2009; and
PZL-104 Wilga 80 Maintenance Manual, pages 5-4 and 25-10,
dated April 7, 2009.
The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.
FAA's Determination and Requirements of the Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.
Differences Between This Proposed AD and the MCAI or Service
Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
will affect 26 products of U.S. registry. We also estimate that it
would take about 50 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Required parts would cost about $150 per product.
Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $107,900, or $4,150 per product.
In addition, we estimate that any necessary follow-on actions would
take about 10 work-hours and require parts costing $0, for a cost of
$800 per product. We have no way of determining the number of products
that may need these actions.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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.
For the reasons discussed above, I certify 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. 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by removing Amendment 39-15890 (74 FR
18979; April 27, 2009), and adding the following new AD:
EADS-PZL ``Warszawa-Ok[eogon]cie'' S.A.: Docket No. FAA-2009-0446;
Directorate Identifier 2009-CE-024-AD.
Comments Due Date
(a) We must receive comments by June 11, 2009.
Affected ADs
(b) This AD supersedes AD 2009-09-04, Amendment 39-15890.
Applicability
(c) This AD applies to Model PZL-104 WILGA 80 airplanes, all
serial numbers, certificated in any category.
Subject
(d) Air Transport Association of America (ATA) Code 53:
Fuselage.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
An inspection of a PZL-104 aeroplane that had a relatively long
operational background revealed a severe corrosion of the steel
front fuselage structural elements.
It is likely that such corrosion can also be present on other
aeroplanes of similar design and operational history.
If left uncorrected, this condition could lead to loss of
strength of the structural front posts elements and consequent
reduction of the structural strength of the aeroplane.
For the reason stated above, this Airworthiness Directive (AD)
mandates
[[Page 22129]]
inspecting the fuselage front posts, repairing any corrosion found
and replacing pads made of foam rubber by pads made of Neoprene to
prevent water ingression.
Actions and Compliance
(f) Unless already done, do the following actions:
(1) Within 12 years from date of manufacture or within the next
2 months after May 18, 2009 (the effective date of AD 2009-09-04),
whichever occurs later, inspect the fuselage front posts for signs
of corrosion following paragraph 6.A. of EADS PZL ``Warszawa-
Ok[eogon]cie'' S.A. Mandatory Bulletin No. 10409036, dated March 18,
2009.
(2) If corrosion or any corrosion damage is found during the
inspection required in paragraph (f)(1) of this AD, before further
flight, repair or replace any parts where corrosion or corrosion
damage was found in accordance with an FAA-approved repair solution
obtained from EADS-PZL ``Warszawa-Ok[eogon]cie'' S.A., Aleja
Krakowska 110/114, 00-971 Warszawa, Poland; telephone: +48 22 577 22
11; fax: +48 22 577 22 03; e-mail: eadsplz@plz.eads.net.
(3) Within 12 years from date of manufacture or within the next
2 months after May 18, 2009 (the effective date of AD 2009-09-04),
whichever occurs later, replace the rear glass padding following
paragraph 6.C. of EADS PZL ``Warszawa-Ok[eogon]cie'' S.A. Mandatory
Bulletin No. 10409036, dated March 18, 2009.
(4) Within 2 months after the effective date of this AD, amend
the approved operator's airplane maintenance program to incorporate
the applicable tasks as described in PZL-104 Wilga 80 Maintenance
Manual, pages 5-4 and 25-10, dated April 7, 2009.
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested, using the procedures found in 14 CFR 39.19. Send
information to Attn: Doug Rudolph, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4059; fax: (816) 329-4090. Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.
Related Information
(h) MCAI European Aviation Safety Agency (EASA) AD No.: 2009-
0072, dated March 31, 2009, EADS PZL ``Warszawa-Ok[eogon]cie'' S.A.
Mandatory Bulletin No. 10409036, dated March 18, 2009; and PZL-104
Wilga 80 Maintenance Manual, pages 5-4 and 25-10, dated April 7,
2009, for related information.
Issued in Kansas City, Missouri, on May 6, 2009.
Scott A. Horn,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-11028 Filed 5-11-09; 8:45 am]
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