Federal Register: April 27, 2009 (Volume , Number )
DOCID: fr27ap09-2 FR Doc E9-9321
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
CFR Citation: 14 CFR Part 39
Docket ID: [Docket No. FAA-2009-0371; Directorate Identifier 2009-CE-021-AD; Amendment 39-15890; AD 2009-09-04]
RIN ID: RIN 2120-AA64
NOTICE: RULES
DOCID: fr27ap09-2
DOCUMENT ACTION: Final rule; request for comments.
SUBJECT CATEGORY:
Airworthiness Directives; EADS-PZL ``Warszawa-Ok[eogon]cie'' S.A. Model PZL-104 WILGA 80 Airplanes
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.
DOCUMENT 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 PZL104 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.
SUMMARY:
Airworthiness Directives: ; EADS PZL Warszawa Okecie S.A. Model PZL–104 WILGA 80 Airplanes,
SUPPLEMENTAL 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. 20090072, 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 PZL104 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
EADSPZL ``WarszawaOk[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. FAA200915890; Directorate Identifier 2009CE021AD'' 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
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39AIRWORTHINESS 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 adding the following new AD:
20090904 EADSPZL ``WarszawaOk[eogon]cie'' S.A.: Amendment 39
15890; Docket No. FAA20090371; Directorate Identifier 2009CE021 AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective May 18, 2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Model PZL104 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 PZL104 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 EADSPZL ``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 FAAapproved repair solution obtained from EADSPZL ``WarszawaOk[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 EADSPZL ``WarszawaOk[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 longterm 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 shortterm action and the
longterm 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) 3294059; fax: (816) 3294090. 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 FAAapproved. Corrective actions are considered
FAAapproved 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 21200056.
Related Information
(h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 20090072, dated March 31, 2009, and EADSPZL ``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 EADSPZL ``WarszawaOk[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 ``WarszawaOk[eogon]cie'' S.A., Aleja Krakowska 110/114, 00971
Warszawa, Poland; telephone: +48 22 577 22 11; fax: +48 22 577 22
03; email: eadsplz@plz.eads.net; 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) 3293768.
(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) 7416030, 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. E99321 Filed 42409; 8:45 am]
BILLING CODE 491013P
FOR FURTHER INFORMATION CONTACT
Doug Rudolph, Aerospace Engineer, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329 4059; fax: (816) 3294090.