[Federal Register Volume 74, Number 90 (Tuesday, May 12, 2009)]
[Proposed Rules]
[Pages 22127-22129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11028]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0446; Directorate Identifier 2009-CE-024-AD]
RIN 2120-AA64


Airworthiness Directives; EADS-PZL ``Warszawa-Ok[eogon]cie'' S.A. 
Model PZL-104 WILGA 80 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above that would supersede an existing AD. This 
proposed AD results from mandatory continuing airworthiness information 
(MCAI) originated by an 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.

    The proposed AD would require actions that are intended to address 
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by June 11, 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 proposed 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, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4059; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0446; 
Directorate Identifier 2009-CE-024-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

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.


[[Page 22128]]


    You may obtain further information by examining the MCAI in the AD 
docket.
    On April 15, 2009, we issued AD 2009-09-04, Amendment 39-15890 (74 
FR 18979; April 27, 2009). That AD required actions intended to address 
an unsafe condition on the products listed above.
    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 were analyzed separately for justification to bypass prior 
public notice.
    We are issuing this proposed AD to address the mandatory long-term 
action of repetitively inspecting the fuselage front posts through a 
revision to the airplane maintenance program.

Relevant Service Information

    EADS PZL ``Warszawa-Ok[eogon]cie'' S.A. has issued:
     Mandatory Bulletin (MB) No. 10409036, dated March 18, 
2009; and
     PZL-104 Wilga 80 Maintenance Manual, pages 5-4 and 25-10, 
dated April 7, 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 Proposed 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 proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Differences Between This Proposed 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 also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
will affect 26 products of U.S. registry. We also estimate that it 
would take about 50 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would cost about $150 per product.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $107,900, or $4,150 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 10 work-hours and require parts costing $0, for a cost of 
$800 per product. We have no way of determining the number of products 
that may need these actions.

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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 proposed 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by removing Amendment 39-15890 (74 FR 
18979; April 27, 2009), and adding the following new AD:

EADS-PZL ``Warszawa-Ok[eogon]cie'' S.A.: Docket No. FAA-2009-0446; 
Directorate Identifier 2009-CE-024-AD.

Comments Due Date

    (a) We must receive comments by June 11, 2009.

Affected ADs

    (b) This AD supersedes AD 2009-09-04, Amendment 39-15890.

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

[[Page 22129]]

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 
2 months after May 18, 2009 (the effective date of AD 2009-09-04), 
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., Aleja 
Krakowska 110/114, 00-971 Warszawa, Poland; telephone: +48 22 577 22 
11; fax: +48 22 577 22 03; e-mail: [email protected].
    (3) Within 12 years from date of manufacture or within the next 
2 months after May 18, 2009 (the effective date of AD 2009-09-04), 
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.
    (4) Within 2 months after the effective date of this AD, amend 
the approved operator's airplane maintenance program to incorporate 
the applicable tasks as described in PZL-104 Wilga 80 Maintenance 
Manual, pages 5-4 and 25-10, dated April 7, 2009.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

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) MCAI European Aviation Safety Agency (EASA) AD No.: 2009-
0072, dated March 31, 2009, EADS PZL ``Warszawa-Ok[eogon]cie'' S.A. 
Mandatory Bulletin No. 10409036, dated March 18, 2009; and PZL-104 
Wilga 80 Maintenance Manual, pages 5-4 and 25-10, dated April 7, 
2009, for related information.

    Issued in Kansas City, Missouri, on May 6, 2009.
Scott A. Horn,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-11028 Filed 5-11-09; 8:45 am]
BILLING CODE 4910-13-P