Airworthiness Directives; EADS-PZL “Warszawa-Okęcie” S.A. Model PZL-104 WILGA 80 Airplanes, 22127-22129 [E9-11028]
Download as PDF
Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Proposed Rules
revised and allows the use of ‘‘Any
subsequent approved revision of this
document is acceptable’’ for service bulletin
revisions. The FAA AD does not have a
similar provision. This proposed revised AD
will change the Applicability section based
on the revised service bulletin.
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: Albert Mercado, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106;
telephone: (816) 329–4119; 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 Direction Generale de
l’aviation Civile Airworthiness Directive No
F–2005–132, dated August 3, 2005; SOCATA
TBM Aircraft Mandatory Service Bulletin SB
70–129, dated June 2005; and SOCATA TBM
Aircraft Mandatory Service Bulletin SB 70–
129, AMENDMENT 1, dated February 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. E9–11022 Filed 5–11–09; 8:45 am]
tjames on PRODPC75 with PROPOSALS
BILLING CODE 4910–13–P
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-Okecie’’ S.A. Model PZL–
˛
104 WILGA 80 Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
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
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://
VerDate Nov<24>2008
14:49 May 11, 2009
Jkt 217001
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22127
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 https://
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.
E:\FR\FM\12MYP1.SGM
12MYP1
22128
Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Proposed Rules
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-Okecie’’ 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.
tjames on PRODPC75 with PROPOSALS
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.
VerDate Nov<24>2008
17:10 May 11, 2009
Jkt 217001
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;
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Fmt 4702
Sfmt 4702
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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing Amendment 39–15890 (74 FR
18979; April 27, 2009), and adding the
following new AD:
EADS–PZL ‘‘Warszawa-Okecie’’ 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
E:\FR\FM\12MYP1.SGM
12MYP1
Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Proposed Rules
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-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., 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.
(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-Okecie’’ 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
tjames on PRODPC75 with PROPOSALS
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
VerDate Nov<24>2008
14:49 May 11, 2009
Jkt 217001
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 ‘‘WarszawaOkecie’’ 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
DEPARTMENT OF THE TREASURY
31 CFR Part 103
RIN 1506–AA97
Financial Crimes Enforcement
Network; Amendment to the Bank
Secrecy Act Regulations—Definitions
and Other Regulations Relating to
Money Services Businesses
AGENCY: Financial Crimes Enforcement
Network (FinCEN), Department of the
Treasury.
ACTION: Notice of proposed rulemaking.
SUMMARY: The Financial Crimes
Enforcement Network (‘‘FinCEN’’), a
bureau of the Department of the
Treasury (‘‘Treasury’’), is proposing to
revise the regulations implementing the
Bank Secrecy Act (‘‘BSA’’) regarding
money services businesses (‘‘MSBs’’) to
clarify which entities are covered by the
definitions. Specifically, we are
reviewing the MSB regulatory
framework with a focus on providing
efficient and effective regulation for the
industry, as well as improving the
ability of regulators, law enforcement,
and FinCEN to safeguard the U.S.
financial system from the abuses of
terrorist financing, money laundering,
and other financial crime.
The proposed changes are intended to
more clearly delineate the scope of
entities regulated as MSBs, so that
determining which entities are obligated
to comply will be more straightforward
and predictable. This rulemaking
proposes to amend the current MSB
regulations in the following ways: By
ensuring that certain foreign-located
MSBs with a U.S. presence are subject
to the BSA rules; by updating the MSB
PO 00000
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Fmt 4702
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22129
definitions to reflect past guidance and
rulings, current business operations,
evolving technologies, and merging
lines of business; and by combining all
of stored value into one category,
without substantively changing the
existing definition, so that issuers of
stored value and sellers or redeemers of
stored value are in the same category. In
addition, this rulemaking solicits
comments on stored value to assist
FinCEN with a future rulemaking
proposing a revised definition of stored
value and revising related regulations.
DATES: Written comments on the notice
of proposed rulemaking must be
submitted on or before September 9,
2009.
ADDRESSES: You may submit comments,
identified by RIN 1506–AA97, by any of
the following methods:
• Federal e-rulemaking portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Refer to Docket number TREAS–
FinCen–2009–0002.
• Mail: FinCEN, P.O. Box 39, Vienna,
VA 22183. Include RIN 1506–AA97 in
the body of the text.
Inspection of comments: Comments
may be inspected, between 10 a.m. and
4 p.m., in the FinCEN reading room in
Vienna, VA. Persons wishing to inspect
the comments submitted must request
an appointment with the Disclosure
Officer by telephoning (703) 905–5034
(Not a toll free call).
FOR FURTHER INFORMATION CONTACT:
Regulatory Policy and Programs
Division, FinCEN (800) 949–2732 and
select option 1.
SUPPLEMENTARY INFORMATION:
I. Introduction
The term MSB, as currently defined in
the BSA regulations, refers to each of
the following distinct categories of
financial service providers: (1) Currency
dealer or exchanger, (2) check casher,
(3) issuer of traveler’s checks, money
orders, or stored value, (4) seller or
redeemer of traveler’s checks, money
orders, or stored value, (5) money
transmitter, and (6) the United States
Postal Service.1
MSBs play a critical role in providing
financial services to, among others, a
segment of the population that generally
does not maintain bank accounts. Law
enforcement, FinCEN, and other federal
regulators have repeatedly stressed the
need to prevent transactions that
typically flow through these businesses
from going underground, which would
diminish transparency with respect to
these transactions. Because MSBs
1 31
CFR 103.11(uu)(1)–(6).
E:\FR\FM\12MYP1.SGM
12MYP1
Agencies
[Federal Register Volume 74, Number 90 (Tuesday, May 12, 2009)]
[Proposed Rules]
[Pages 22127-22129]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11028]
-----------------------------------------------------------------------
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).
-----------------------------------------------------------------------
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 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 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 https://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: eadsplz@plz.eads.net.
(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]
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