[Federal Register Volume 67, Number 193 (Friday, October 4, 2002)]
[Proposed Rules]
[Pages 62215-62218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25208]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-CE-05-AD]
RIN 2120-AA64


Airworthiness Directives; MORAVAN a.s. Model Z-242L Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to all MORAVAN a.s. (Moravan) Model Z-242L 
airplanes. This proposed AD would establish 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. This proposed AD is the result of mandatory 
continuing airworthiness information (MCAI) issued by the airworthiness 
authority for the Czech Republic. The actions specified by this 
proposed 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: The Federal Aviation Administration (FAA) must receive any 
comments on this proposed rule on or before November 8, 2002.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2000-CE-05-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: [email protected]. 
Comments sent electronically must contain ``Docket No. 2000-CE-05-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 service information that applies to this proposed AD 
from Moravan, Inc., 765 81 Otrokovice, Czech Republic; telephone: +420 
67 767 3940; facsimile: +420 67 792 2103. You may also view this 
information at the Rules Docket at the address above.

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:

Comments Invited

How Do I Comment on This Proposed AD?

    The FAA invites comments on this proposed 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. We may amend this 
proposed rule in light of comments received. Factual information that 
supports your ideas and suggestions is extremely helpful in evaluating 
the effectiveness of this proposed AD action and determining whether we 
need to take additional rulemaking action.

Are There Any Specific Portions of This Proposed AD I Should pay 
Attention to?

    The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed rule that 
might suggest a need to modify the rule. You may view all comments we 
receive

[[Page 62216]]

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 contact we 
have with the public that concerns the substantive parts of this 
proposed AD.

How Can I be Sure FAA Receives my Comment?

    If you want FAA to acknowledge the receipt of your mailed comments, 
you must include a self-addressed, stamped postcard. On the postcard, 
write ``Comments to Docket No. 2000-CE-05-AD.'' We will date stamp and 
mail the postcard back to you.

Discussion

What Events Have Caused This Proposed AD?

    The Civil Aviation Authority Czech Republic (CAA CZ), which is the 
airworthiness authority for the Czech Republic, notified FAA that an 
unsafe condition may exist on all Moravan Model Z-242L airplanes. The 
CAA CZ reports that these airplanes are operated over the load spectrum 
that was used at certification. The CAA CZ further reports that a 
technical service life for these airplanes is needed.
    The affected airplanes fall into two different groups:
    --Group 1: those airplanes with a serial number in the range of 
0001 through 0656 with the original wings installed; and
    --Group 2: those airplanes with stronger wings installed either 
through modification (serial numbers 0001 through 0656) or at 
manufacture (all serial numbers beginning with 0657).
    Based on analysis, the CAA CZ reports that the technical service 
life should be:

------------------------------------------------------------------------
                                     Acrobatic and
                                   utility category     All operations
                                      operations
------------------------------------------------------------------------
Group 1.........................  190 hours time-in-  3,500 hours TIS.
                                   service (TIS)       New wings must be
                                   only in these       installed prior
                                   categories.         to further
                                   Operation only in   operation.
                                   the Normal
                                   category
                                   thereafter.
Group 2.........................  450 hours TIS only  5,500 hours TIS.
                                   in these            New wings must be
                                   categories.         installed prior
                                   Operation only in   to further
                                   the Normal          operation.
                                   category
                                   thereafter.
------------------------------------------------------------------------

What Are the Consequences if the Condition Is not Corrected?

    Fatigue cracks in the wing, if not detected and corrected or 
prevented, could result in structural failure of the wing. Such failure 
could result in a wing separating from the airplane with consequent 
loss of airplane control.

Is There Service Information That Applies to This Subject, and What Are 
the Provisions of This Service Information?

    Moravan has issued 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 Action Did the CAA Take?

    The CAA classified these service bulletins as mandatory and issued 
Czech Republic AD Number CAA-AD-T-099/2000R1, dated June 28, 2001, 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 the Czech Republic and is 
type certificated for operation in the United States under the 
provisions of Sec.  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 has 
kept FAA informed of the situation described above.

The FAA's Determination and an Explanation of the Provisions of this 
Proposed AD

What has FAA Decided?

    The FAA has examined the findings of the CAA; 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 other Moravan Model Z-242L airplanes of the same type design 
that are on the U.S. registry;
--The actions specified in the previously-referenced service 
information should be accomplished on the affected airplanes; and
--AD action should be taken in order to correct this unsafe condition.

What Would This Proposed AD Require?

    This proposed AD would establish 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.

Cost Impact

How Many Airplanes Would This Proposed AD Impact?

    We estimate that this proposed AD would affect 39 airplanes in the 
U.S. registry.

What Would Be the Cost Impact of This Proposed AD on Owners/Operators 
of the Affected Airplanes?

    We estimate the following costs to replace the wings after the 
technical service life is reached:

----------------------------------------------------------------------------------------------------------------
                                                                                            Total cost on U.S.
              Labor cost                      Parts cost        Total cost per airplane         operators
----------------------------------------------------------------------------------------------------------------
60 workhours x $60 per hour = $3,600.  $17,400 per set of       $21,000................  $819,000.
                                        wings.
----------------------------------------------------------------------------------------------------------------


[[Page 62217]]

    We have no way of determining the monetary cost of the 
inconvenience of restricting flight to Normal category operations.

Regulatory Impact

Would This Proposed AD Impact Various Entities?

    The regulations proposed herein 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. Therefore, it 
is determined that this proposed rule would not have federalism 
implications under Executive Order 13132.

Would This Proposed AD Involve a Significant Rule or Regulatory Action?

    For the reasons discussed above, I certify that this proposed 
action (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) 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 5 copy of the draft regulatory 
evaluation prepared for this action has been placed 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, under 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. 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:

Moravan A.S.: Docket No. 2000-CE-05-AD
    (a) What airplanes are affected by this AD? This AD affects 
Model Z 242L airplanes, all serials 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) If you have an airplane with a    AFM incorporation: Upon the           AFM incorporation: The owner/
 serial number in the range of 0001    accumulation of 190 hours time-in-    operator holding at least a private
 through 0656 that does not have       service (TIS) in the Acrobatic        pilot certificate as authorized by
 strengthened wings installed (both    category and/or Utility category or   section 43.7 of the Federal
 left and right wings) in accordance   within the next 10 hours TIS in all   Aviation Regulations (14 CFR 43.7)
 with Moravan Mandatory Service        operations after the effective date   may accomplish this AFM insertion
 Bulletin Z 242L/27a--Rev. 1, dated    of this AD, whichever occurs later;   of this AD. Make an entry into the
 October 31, 2000, accomplish the      and                                   aircraft records showing compliance
 following:                           Replacement: Upon the accumulation     with these portions of the AD in
(i) Insert the following information   of 3,500 hours TIS in all             accordance with section 43.9 of the
 into the Limitations Section of the   operations or within the next 50      Federal Aviation Regulations (14
 Airplane Flight Manual (AFM): ``Do    hours TIS in all operations after     CFR 43.9). This operational
 not operate in the Acrobatic or       the effective date of this AD,        restriction is referenced in
 Utility category. Operate in the      whichever occurs later.               Moravan Mandatory Service Bulletin
 Normal category only.''                                                     Z 242L/37a (Z 142C/17a), Rev. 1,
(ii) Replace both wings with the                                             dated October 31, 2000.
 following part numbers:                                                    Replacement: In accordance with
(A) L 242.2100 left-hand wing; and                                           Moravan Mandatory Service Bulletin
(B) L 242.2200 right-hand wing.                                              Z 242L/27a--Rev. 1, dated October
                                                                             31, 2000.
-------------------------------------
(2) If you have an airplane with a    AFM incorporation: Upon the           AFM incorporation: The owner/
 serial number of 0657 or higher or    accumulation of 450 hours TIS in      operator holding at least a private
 one in the range of 0001 through      the Acrobatic category and/or         pilot certificate as authorized by
 0656 that has strengthened wings      Utility category or within the next   section 43.7 of the Federal
 (both left and right) installed in    10 hours TIS in all operations        Aviation Regulations (14 CFR 43.7)
 accordance with Moravan Mandatory     after the effective date of this      may accomplish this AFM insertion
 Service Bulletin Z 242L/27a--Rev.     AD, whichever occurs later; and       of this AD. Make an entry into the
 1, dated October 31, 2000,           Replacement: Upon the accumulation     aircraft records showing compliance
 accomplish the following:             of 5,500 hours TIS in all             with these portions of the AD in
(i) Insert the following information   operations or within the next 50      accordance with section 43.9 of the
 into the Limitations Section of the   hours TIS in all operations after     Federal Aviation Regulations (14
 Airplane Flight Manual (AFM): ``Do    the effective date of this AD,        CFR 43.9). This operational
 not operate the Acrobatic or          whichever occurs later. You must      restriction is referenced in
 Utility category. Operate in the      maintain the AFM requirement until    Moravan Mandatory Service Bulletin
 Normal category only.''               replacement of the wings.             Z 242L/38a (Z 142C/18a), Rev. 1,
(ii) Replace both wings with the                                             dated October 31, 2000.
 following part numbers:                                                    Replacement: In accordance with
(A) L 242.2100 left-hand wing; and                                           Moravan Mandatory Service Bulletin
(B) L 242.2200 right-hand wing.                                              Z 242L/27a--Rev. 1, dated October
                                                                             31, 2000.
-------------------------------------
(3) Only install a wing with a part   As of the effective date of this AD.  Not Applicable.
 number of L 242.2100 left-hand wing
 or L 242.2200 right-hand wing.
-------------------------------------

[[Page 62218]]

 
(4) When you install new wings (both  AFM incorporation: Upon the           See paragraph (d)(2) of this AD.
 left and right) on your airplane,     accumulation of 450 hours TIS in
 the AFM and replacement               the Acrobatic category and/or
 requirements of paragraph (d)(2) of   Utility category; and
 this AD apply.                       Replacement: Upon the accumulation
                                       of 5,500 hours TIS in all
                                       operations.
----------------------------------------------------------------------------------------------------------------

    (e) 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.

    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 (e) of this AD. The request 
should include 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.

    (f) Where can I get information about 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.
    (g) What if I need to fly the airplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate your airplane to a location where 
you can accomplish the requirements of this AD.
    (h) How do I get copies of the documents referenced in this AD? 
You may get copies of the documents 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 these documents 
at FAA, Central Region, Office of the Regional Counsel, 901 Locust, 
Room 506, Kansas City, Missouri 64106.

    Note 2: The subject of this AD is addressed in Czech Republic AD 
Number CAA-AD-T-099/2000R1, dated June 28, 2001.


    Issued in Kansas City, Missouri, on September 26, 2002.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.

[FR Doc. 02-25208 Filed 10-3-02; 8:45 am]
BILLING CODE 4910-13-P