[Federal Register Volume 74, Number 79 (Monday, April 27, 2009)]
[Rules and Regulations]
[Pages 18979-18981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9321]



[[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: [email protected]; 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