Airworthiness Directives; EADS-PZL “Warszawa-Okęcie” S.A. Model PZL-104 WILGA 80 Airplanes, 18979-18981 [E9-9321]

Download as PDF Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations 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-Okecie’’ S.A. Model PZL– ˛ 104 WILGA 80 Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. 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: dwashington3 on PROD1PC60 with RULES 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 https://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. VerDate Nov<24>2008 14:31 Apr 24, 2009 Jkt 217001 Examining the AD Docket You may examine the AD docket on the Internet at https:// 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-Okecie’’ 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 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 18979 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 https:// www.regulations.gov, including any E:\FR\FM\27APR1.SGM 27APR1 18980 Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. Authority for This Rulemaking 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. dwashington3 on PROD1PC60 with RULES List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: ■ VerDate Nov<24>2008 14:31 Apr 24, 2009 Jkt 217001 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. 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. Adoption of the Amendment PART 39—AIRWORTHINESS DIRECTIVES § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: ■ 2009–09–04 EADS–PZL ‘‘WarszawaOkecie’’ 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-Okecie’’ 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-Okecie’’ 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 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 glass padding following paragraph 6.C. of EADS–PZL ‘‘Warszawa-Okecie’’ 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-Okecie’’ S.A. Mandatory Bulletin ˛ No. 10409036, dated March 18, 2009, for related information. Material Incorporated by Reference (i) You must use EADS–PZL ‘‘WarszawaOkecie’’ S.A. Mandatory Bulletin No. ˛ E:\FR\FM\27APR1.SGM 27APR1 Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations 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 ‘‘WarszawaOkecie’’ S.A., Aleja Krakowska 110/114, 00– ˛ 971 Warszawa, Poland; telephone: +48 22 577 22 11; fax: +48 22 577 22 03; e-mail: eadsplz@plz.eads.net; Internet: https:// 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: https://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 Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2007–28077; Directorate Identifier 2007–NE–20–AD; Amendment 39– 15889; AD 2009–09–03] RIN 2120–AA64 Airworthiness Directives; Turbomeca S.A. Arriel 2B and 2B1 Turboshaft Engines dwashington3 on PROD1PC60 with RULES AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. 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 an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: Several cases of Gas Generator Turbine (HP Turbine) blade rearward displacement have been detected during borescope inspection or VerDate Nov<24>2008 14:31 Apr 24, 2009 in repair centre following engine disassembly. Two of them resulted in blade rubs between the rear face of the fir-tree roots and the rear bearing support cover. High HP blade rearward displacement can potentially result in blade release due to fatigue of the blade, which would cause an uncommanded in-flight engine shutdown. Removal of the Arriel 2B1A Engine Since we issued the proposed AD, we discovered that we inadvertently listed the Arriel 2B1A engine in the applicability. We removed that model from the AD, as it is not certified for operation in the U.S. We are issuing this AD to prevent an uncommanded in-flight engine shutdown which could result in an emergency autorotation landing or, at worst, an accident. DATES: This AD becomes effective June 1, 2009. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of June 1, 2009. ADDRESSES: The Docket Operations office is located at Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. FOR FURTHER INFORMATION CONTACT: James Lawrence, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: james.lawrence@faa.gov; telephone (781) 238–7176; fax (781) 238–7199. SUPPLEMENTARY INFORMATION: Deletion of Reporting Requirement We deleted the Turbomeca reporting requirement from the AD, since we determined that the reporting requirement was unnecessary. Discussion DEPARTMENT OF TRANSPORTATION Jkt 217001 18981 We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the Federal Register on December 9, 2008 (73 FR 74661). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states that: Several cases of Gas Generator Turbine (HP Turbine) blade rearward displacement have been detected during borescope inspection or in repair centre following engine disassembly. Two of them resulted in blade rubs between the rear face of the fir-tree roots and the rear bearing support cover. High HP blade rearward displacement can potentially result in blade release due to fatigue of the blade, which would cause an uncommanded in-flight engine shutdown. The evaluation of this condition has prompted to require a periodic borescope inspection in order to detect HP blade rearward displacement. Additionally, in case displacement is found above the specified limit, removal of Module 03 is required. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD with the changes described previously. Costs of Compliance We estimate that this AD will affect about 248 engines on helicopters of U.S. registry. We also estimate that it will take about 2 work-hours per engine to perform the actions and that the average labor rate is $80 per work-hour. Based on these figures, we estimate the total cost of the AD to U.S. operators to be $39,680. Our cost estimate is exclusive of possible warranty coverage. 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 this AD: E:\FR\FM\27APR1.SGM 27APR1

Agencies

[Federal Register Volume 74, Number 79 (Monday, April 27, 2009)]
[Rules and Regulations]
[Pages 18979-18981]
From the Federal Register Online via the Government Printing 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.

-----------------------------------------------------------------------

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 https://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 https://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 https://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: eadsplz@plz.eads.net; Internet: https://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: https://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
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