[Federal Register: April 27, 2009 (Volume 74, Number 79)]
[Rules and Regulations]
[Page 18979-18981]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ap09-2]
[[Page 18979]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0371; Directorate Identifier 2009-CE-021-AD;
Amendment 39-15890; AD 2009-09-04]
RIN 2120-AA64
Airworthiness Directives; EADS-PZL ``Warszawa-Ok[eogon]cie'' S.A.
Model PZL-104 WILGA 80 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by the 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.
This AD requires actions that are intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective May 18, 2009.
On May 18, 2009, the Director of the Federal Register approved the
incorporation by reference of certain publications listed in this AD.
We must receive comments on this AD by May 27, 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 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, 901
Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-
4059; fax: (816) 329-4090.
SUPPLEMENTARY INFORMATION:
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.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
EADS-PZL ``Warszawa-Ok[eogon]cie'' S.A. has issued Mandatory
Bulletin No. 10409036, dated March 18, 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 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 issuing this AD because we
evaluated all information provided by the State of Design Authority and
determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.
Differences Between This 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 have also required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
described in a separate paragraph of the AD. These requirements take
precedence over those copied from the MCAI.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because if
left uncorrected, corrosion could lead to loss of structural strength
of the front posts elements and consequent reduction of structural
strength of the airplane. Therefore, we determined that notice and
opportunity for public comment before issuing this AD are impracticable
and that good cause exists for making this amendment effective in fewer
than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2009-15890; Directorate
Identifier 2009-CE-021-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
We will post all comments we receive, without change, to http://
www.regulations.gov, including any
[[Page 18980]]
personal information you provide. We will also post a report
summarizing each substantive verbal contact we receive about this AD.
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 AD will not have federalism implications
under Executive Order 13132. This AD 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.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under 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 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.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 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. The FAA amends Sec. 39.13 by adding the following new AD:
2009-09-04 EADS-PZL ``Warszawa-Ok[eogon]cie'' S.A.: Amendment 39-
15890; Docket No. FAA-2009-0371; Directorate Identifier 2009-CE-021-
AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective May 18,
2009.
Affected ADs
(b) None.
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 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
two months after May 18, 2009 (the effective date of this AD),
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.
(3) Within 12 years from date of manufacture or within the next
two months after May 18, 2009 (the effective date of this AD),
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.
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows:
(1) The MCAI specifies revising the airplane maintenance program
to include a repetitive inspection of the fuselage front posts. We
are not including the maintenance program revision action in this
AD. 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 are analyzed separately for justification to bypass
prior public notice.
(2) After issuing this AD, we may initiate further AD action
(notice of proposed rulemaking followed by a final rule) to require
a maintenance program revision action to do a repetitive inspection
of the fuselage front posts. Credit will be given in any subsequent
action for the inspection done under this AD.
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) Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2009-0072, dated March 31, 2009, and EADS-PZL ``Warszawa-
Ok[eogon]cie'' S.A. Mandatory Bulletin No. 10409036, dated March 18,
2009, for related information.
Material Incorporated by Reference
(i) You must use EADS-PZL ``Warszawa-Ok[eogon]cie'' S.A.
Mandatory Bulletin No.
[[Page 18981]]
10409036, dated March 18, 2009, to do the actions required by this
AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact 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; Internet: http://www.eads.net/
1024/en/businet/airbus/airbus_military/pzl/pzl.html.
(3) You may review copies of the service information
incorporated by reference for this AD at the FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
Central Region, call (816) 329-3768.
(4) You may also review copies of the service information
incorporated by reference for this AD at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call (202) 741-6030, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
Issued in Kansas City, Missouri on April 15, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E9-9321 Filed 4-24-09; 8:45 am]
BILLING CODE 4910-13-P