[Federal Register Volume 68, Number 105 (Monday, June 2, 2003)]
[Rules and Regulations]
[Pages 32629-32633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13384]


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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.

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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: [email protected]. 
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