[Federal Register Volume 65, Number 162 (Monday, August 21, 2000)]
[Rules and Regulations]
[Pages 50632-50634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20777]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-CE-52-AD; Amendment 39-11869; AD 2000-16-51]
RIN 2120-AA64


Airworthiness Directives; Wytwornia Sprzetu Model PZL-104 Wilga 
80 Airplanes

ACTION: Final rule; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting emergency Airworthiness Directive (AD) 2000-16-51. The Federal 
Aviation Administration (FAA) previously sent emergency AD 2000-16-51 
to all known U.S. owners and operators of Wytwornia Sprzetu 
Komunikacyjnego (PZL ``Warszawa-Okecie'') Model PZL-104 Wilga 80 
airplanes. This AD requires you to repetitively replace the front 
tailplane to fuselage joint connector and bushing. This AD is the 
result of an incident report where the pin that fastens the tailplane 
to the fuselage fractured and separated on an airplane of similar 
design to that of the affected airplanes. The actions specified by this 
AD are intended to prevent failure of the front tailplane to fuselage 
joint connector, which could result in loss of control of the airplane 
if the tailplane and fuselage become disconnected during flight.

DATES: The AD becomes effective on August 21, 2000, to all affected 
persons who did not receive emergency AD 2000-16-51, issued August 2, 
2000. Emergency AD 2000-16-51 contained the requirements of this 
amendment and became effective immediately upon receipt.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulation as of August 
21, 2000.
    The FAA must receive any comments on this rule on or before 
September 8, 2000.

ADDRESSES: Submit comments in triplicate to FAA, Central Region, Office 
of the Regional Counsel, Attention: Rules Docket No. 2000-CE-52-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. You may read comments 
and information related to this AD at this location between 8 a.m. and 
4 p.m., Monday through Friday, except holidays.
    You may get the service information referenced in this AD from 
Wytwornia Sprzetu Komunikacyjnego, PZL Warzawa-Okecie, AL. Krakowska 
110/114, 00-973 Warsaw, Poland. You may examine this information at 
FAA, Central Region, Office of the Regional Counsel, Attention: Rules 
Docket No. 2000-CE-52-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: Mr. Roman T. Gabrys, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas 
City, Missouri 64106; telephone: (816) 329-4141; facsimile: (816) 329-
4090.

[[Page 50633]]


SUPPLEMENTARY INFORMATION:

Discussion

    What has happened so far? The General Inspectorate of Civil 
Aviation (GICA), which is the airworthiness authority for Poland, 
recently advised FAA of an unsafe condition that could exist or develop 
on certain PZL ``Warszawa-Okecie'' Model PZL-104 Wilga 80 airplanes. 
The GICA reported that the pin that fastens the tailplane to the 
fuselage fractured and separated on a Model PZL-104 Wilga 35 airplane. 
The incident occurred during a ground run of the engine.
    The Model PZL-104 Wilga 35 airplane is an earlier version of the 
Model PZL-104 Wilga 80 airplane. Type Certificate A55EU includes the 
Model PZL-104 Wilga 80 airplane. No U.S. type certificate covers the 
Model PZL-104 Wilga 35 airplanes.
    The incident airplane incorporated the following parts:
     A PZL ``Warszawa-Okecie'' part number (P/N) CE360050 front 
tailplane to fuselage joint; and
     A PZL ``Warszawa-Okecie'' P/N CE360051 connector (pin) to 
the front tailplane to fuselage joint.
    PZL ``Warszawa-Okecie'' issued Mandatory Service Bulletin No. 
10400030, dated June 26, 2000. This service bulletin includes 
procedures for replacing the front tailplane to fuselage joint 
connector and bushing with the following:
     A PZL ``Warszawa-Okecie'' P/N CE360071 front tailplane to 
fuselage joint connector; and
     A PZL ``Warszawa-Okecie'' P/N CE360072 front tailplane to 
fuselage joint connector bushing.
    The GICA classified this service bulletin as mandatory and issued 
Polish AD No. SP-0064-2000-A, dated June 27, 2000, in order to assure 
the continued airworthiness of these airplanes in Poland.
    These airplane models are manufactured in Poland and are 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 GICA has kept the FAA informed 
of the situation described above.
    On August 2, FAA issued emergency AD 2000-16-51. This AD required 
that the actions and procedures in PZL ``Warszawa-Okecie'' Mandatory 
Service Bulletin No. 10400030, dated June 26, 2000, be incorporated on 
``Warszawa-Okecie'' Model PZL-104 Wilga 80 airplanes, all serial 
numbers up to and including CF 21950963.
    Why is it important to publish this AD? When issuing emergency AD 
2000-16-51, we found that (1) immediate corrective action was required; 
(2) notice and opportunity for prior public comment were impracticable 
and contrary to the public interest; and (3) good cause existed to make 
the AD effective immediately by individual letters issued on August 2, 
2000, to all known U.S. operators of PZL ``Warszawa-Okecie'' Model PZL-
104 Wilga 80 airplanes, all serial numbers up to and including CF 
21950963. These conditions still exist, and the AD is published in the 
Federal Register as an amendment to section 39.13 of the Federal 
Aviation Regulations (14 CFR 39.13) to make it effective as to all 
persons.

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 comments on this 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 in triplicate 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.
    Are there any specific portions of the AD I should pay attention 
to? The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. You may examine all comments we 
receive 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.
    The FAA is reviewing the writing style we currently use in 
regulatory documents, in response to the Presidential memorandum of 
June 1, 1998. That memorandum requires federal agencies to communicate 
more clearly with the public. We are interested in your comments on the 
ease of understanding this document, and any other suggestions you 
might have to improve the clarity of FAA communications that affect 
you. You can get more information about the Presidential memorandum and 
the plain language initiative at http://www.faa.gov/language/.
    How can I be sure the 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. 2000-CE-52-AD.'' We will date stamp and mail the postcard 
back to you.

Regulatory Impact

    Does this AD impact relations between Federal and State 
governments? 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. The FAA has 
determined that this final rule does not have federalism implications 
under Executive Order 13132.
    Does this action involve an emergency situation? The FAA determined 
that this 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. This action involves an 
emergency regulation under Department of Transportation (DOT) 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). 
The FAA will prepare a final regulatory evaluation if we determine that 
this emergency regulation is significant under DOT Regulatory Policies 
and Procedures. You may obtain a copy of the evaluation (if required) 
from the Rules Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Under the authority delegated to me by the Administrator, the 
Federal Aviation Administration (FAA) amends 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. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. FAA amends Sec. 39.13 by adding a new airworthiness directive 
(AD) to read as follows:

2000-16-51  Wytwornia Sprzetu Komunikacyjnego (PZL ``Warszawa-
Okecie''): Amendment 39-11869; Docket No. 2000-CE-52-AD.

    (a) What airplanes are affected by this AD? This AD applies to 
any Model PZL-104 Wilga 80 airplane that:

[[Page 50634]]

    (1) incorporates a serial number in the range of ``up to and 
including CF 21950963'';
    (2) incorporates a PZL ``Warszawa-Okecie'' part number (P/N) 
CE360050 front tailplane to fuselage joint (or FAA-approved 
equivalent part number); and
    (3) is certificated in any category.
    (b) When does this AD become effective? This AD becomes 
effective August 21, 2000, to all affected persons who did not 
receive emergency AD 2000-16-51, issued August 2, 2000. Emergency AD 
2000-16-51 contained the requirements of this amendment and became 
effective immediately upon receipt.
    (c) Who must comply with this AD? Anyone who wishes to operate 
any of the above airplanes on the U.S. Register must comply with 
this AD.
    (d) What problem does this AD address? This AD is intended to 
prevent failure of the front tailplane to fuselage joint connector, 
which could result in loss of control of the airplane if the 
tailplane and fuselage become disconnected during flight.
    (e) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

------------------------------------------------------------------------
           Action                     When               Procedures
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(1) Replace the front         Prior to further      Accomplish this
 tailplane to fuselage joint   flight after the      replacement in
 connector and bushing wit     effective date of     accordance with the
 the following:                this AD..             procedures in PZL
 (i) a PZL ``Warszawa-                               ``Warszawa-Okecie''
 Okecie'' P/N CE360071 front                         Mandatory Service
 tailplane to fuselage joint                         Bulletin No.
 connector; and.                                     10400030, dated
(ii) a PZL ``Warszawa-                               June 26, 2000.
 Okecie'' P/N CE360072 front
 tailplane to fuselage joint
 connector bushing.
(2) Repetitively replace the  Within 650 hours      Accomplish these
 parts specified in            time-in-service       replacements in
 paragraph (e)(1)(i) and       (TIS) after           accordance with the
 (e)(1)(ii) of this AD.        installing these      procedures in PZL
                               parts and             ``Warszawa-Okecie''
                               thereafter at         Mandatory Service
                               intervals not to      Bulletin No.
                               exceed 650 hours      10400030, dated
                               TIS.                  June 26, 2000.
(3) Do not install a PZL      As of the effective   Not applicable.
 ``Warszawa-Okecie'' P/N       date of this AD.
 CE360050 front tailplane to
 fuselage joint without
 accomplishing the
 repalcements in paragraph
 (e)(1) of this AD.
------------------------------------------------------------------------

    (f) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) The Manager, Small Airplane Directorate approves your 
alternative. Submit your request through an FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Small Airplane Directorate, 901 Locust, Room 301, Kansas 
City, Missouri 64106.

    Note 1: This AD applies to each airplane identified in paragraph 
(a) of this AD, regardless of whether it has been modified, altered, 
or repaired in the area subject to the requirements of this AD. For 
airplanes that have been modified, altered, or repaired so that the 
performance of the requirements of this AD is affected, the owner/
operator must request approval for an alternative method of 
compliance in accordance with paragraph (f) of this AD. You should 
include in the request an assessment of the effect of the 
modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if you have not eliminated the unsafe 
condition, specific actions you propose to address it.

    (g) Where can I get information about any already-approved 
alternative methods of compliance? You can contact Mr. Roman T. 
Gabrys, Aerospace Engineer, FAA, Small Airplane Directorate, 901 
Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-
4141; facsimile: (816) 329-4090.
    (h) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance 
with PZL ``Warszawa-Okecie'' Mandatory Service Bulletin No. 
10400030, dated June 26, 2000. The Director of the Federal Register 
approved this incorporation by reference under 5 U.S.C. 552(a) and 1 
CFR part 51. You may get copies of this document from Wytwornia 
Sprzetu Komunikacyjnego, PZL Warzawa-Okecie, AL. Krakowska 110/114, 
00-973 Warsaw, Poland. You may look at copies at 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.

    Note 2: The subject of this AD is addressed in Polish AD No. SP-
0064-2000-A, dated June 27, 2000.


    Issued in Kansas City, Missouri, on August 7, 2000.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 00-20777 Filed 8-18-00; 8:45 am]
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