Airworthiness Directives; EADS-PZL “Warszawa-Okęcie” S.A. Model PZL-104 WILGA 80 Airplanes, 32426-32428 [E9-15917]
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32426
Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Rules and Regulations
Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H–65,
Seattle, Washington 98124–2207; telephone
206–544–5000, extension 1; fax 206–766–
5680; e-mail me.boecom@boeing.com;
Internet https://www.myboeingfleet.com.
(3) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the
availability of this material at the FAA, call
425–227–1221 or 425–227–1152.
(4) You may also review copies of the
service information that is incorporated by
reference 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 Renton, WA, on June 11, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E9–15405 Filed 7–7–09; 8:45 am]
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; Amendment
39–15960; AD 2009–14–10]
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: Final rule.
sroberts on DSKD5P82C1PROD with RULES
SUMMARY: We are superseding an
existing 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:
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.
VerDate Nov<24>2008
16:30 Jul 07, 2009
Jkt 217001
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective
August 12, 2009.
On August 12, 2009, the Director of
the Federal Register approved the
incorporation by reference of PZL–104
Wilga 80 Maintenance Manual, pages 5–
4 and 25–10, dated April 7, 2009, listed
in this AD.
As of May 18, 2009 (74 FR 18979;
April 27, 2009), the Director of the
Federal Register approved the
incorporation by reference of EADS–
PZL ‘‘Warszawa-Okecie’’ S.A.
˛
Mandatory Bulletin No. 10409036,
dated March 18, 2009, listed in this AD.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at the
Docket Management Facility, U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590.
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:
the opportunity to comment. We
analyzed the short-term action and the
long-term actions of the MCAI
separately to determine the necessity of
public notice. Therefore, AD 2009–09–
04 addressed the initial short-term
inspection requirement of the MCAI, but
we did not include the required longterm repetitive inspections in the
immediately adopted rule. We proposed
the long-term repetitive inspections in
the NPRM to allow public comment.
The NPRM retained the short-term
initial inspection and proposed the
mandatory long-term action of
repetitively inspecting the fuselage front
posts through a revision to the airplane
maintenance program.
Discussion
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 May 12, 2009 (74 FR 22127),
and proposed to supersede AD 2009–
09–04, Amendment 39–15890 (74 FR
18979, April 27, 2009). That NPRM
proposed to correct an unsafe condition
for the specified products. The MCAI
states that:
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 required 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 AD.
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.
The Administrative Procedure Act
does not permit including long-term
requirements in an urgent safety of
flight action where the rule becomes
effective at the same time the public has
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
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.
Conclusion
We reviewed the available data and
determined that air safety and the
public interest require adopting the AD
as proposed.
Differences Between This AD and the
MCAI or Service Information
Costs of Compliance
We estimate that this AD will affect
26 products of U.S. registry. We also
estimate that it will take about 50 workhours per product to comply with the
basic requirements of this AD. The
average labor rate is $80 per work-hour.
Required parts will cost about $150 per
product.
Based on these figures, we estimate
the cost of this AD to the 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
E:\FR\FM\08JYR1.SGM
08JYR1
Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Rules and Regulations
determining the number of products
that may need these actions.
List of Subjects in 14 CFR Part 39
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.
sroberts on DSKD5P82C1PROD with RULES
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:
(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.
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 the NPRM, 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.
VerDate Nov<24>2008
16:30 Jul 07, 2009
Jkt 217001
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 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:
■
2009–14–10 EADS–PZL Warszawa-Okecie
S.A.: Amendment 39–15960; Docket No.
FAA–2009–0446; Directorate Identifier
2009–CE–024–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective August 12, 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
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
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Frm 00039
Fmt 4700
Sfmt 4700
32427
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 August 12, 2009
(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-
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08JYR1
32428
Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Rules and Regulations
Okecie’’ 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.
Material Incorporated by Reference
(h) You must use 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, 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
PZL–104 Wilga 80 Maintenance Manual,
pages 5–4 and 25–10, dated April 7, 2009,
under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) On May 18, 2009 (74 FR 18979; April
27, 2009), the Director of the Federal Register
previously approved the incorporation by
reference of EADS PZL ‘‘Warszawa-Okecie’’
˛
S.A. Mandatory Bulletin No. 10409036, dated
March 18, 2009.
(3) 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.
(4) 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.
(5) 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 June
30, 2009.
Scott A. Horn,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E9–15917 Filed 7–7–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
sroberts on DSKD5P82C1PROD with RULES
[Docket No. USCG–2009–0302]
RIN 1625–AA08
Special Local Regulation, Maggie
Fischer Memorial Great South Bay
Cross Bay Swim, Great South Bay, NY
AGENCY:
Coast Guard, DHS.
VerDate Nov<24>2008
16:30 Jul 07, 2009
Jkt 217001
ACTION: Interim rule with request for
comments.
The Coast Guard is
establishing a permanent Special Local
Regulation on Great South Bay, NY
between Gilbert Park, Brightwaters, NY
and Fire Island Lighthouse Dock, Fire
Island, NY due to the annual Maggie
Fischer Memorial Great South Bay Cross
Bay Swim. This Special Local
Regulation is necessary to provide for
the swimmers’ safety of life on the
navigable waters of Great South Bay,
NY. Entry into this regulated area is
prohibited unless authorized by the
Captain of the Port Long Island Sound,
New Haven, CT.
DATES: This interim rule is effective July
23, 2009. Comments and related
material must reach the Coast Guard on
or before September 8, 2009.
ADDRESSES: You may submit comments
identified by docket number USCG–
2009–0302 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this interim rule,
call or e-mail: MSTC Christie Dixon,
Prevention Department, USCG Sector
Long Island Sound at 203–468–4459,
christie.m.dixon@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
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Frm 00040
Fmt 4700
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Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2009–0302),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand delivery, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an e-mail
address, or a telephone number in the
body of your document so that we can
contact you if we have questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, select the
Advanced Docket Search option on the
right side of the screen, insert ‘‘USCG–
2009–0302’’ in the Docket ID box, press
Enter, and then click on the balloon
shape in the Actions column. If you
submit your comments by mail or hand
delivery, submit them in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying and electronic
filing. If you submit comments by mail
and would like to know that they
reached the Facility, please enclose a
stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period and may change
the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, select the
Advanced Docket Search option on the
right side of the screen, insert USCG–
2009–0302 in the Docket ID box, press
Enter, and then click on the item in the
Docket ID column. You may also visit
the Docket Management Facility in
Room W12–140 on the ground floor of
the Department of Transportation West
Building, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. We have an
agreement with the Department of
Transportation to use the Docket
Management Facility.
E:\FR\FM\08JYR1.SGM
08JYR1
Agencies
[Federal Register Volume 74, Number 129 (Wednesday, July 8, 2009)]
[Rules and Regulations]
[Pages 32426-32428]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15917]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0446; Directorate Identifier 2009-CE-024-AD;
Amendment 39-15960; AD 2009-14-10]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are superseding an existing 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:
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.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective August 12, 2009.
On August 12, 2009, the Director of the Federal Register approved
the incorporation by reference of PZL-104 Wilga 80 Maintenance Manual,
pages 5-4 and 25-10, dated April 7, 2009, listed in this AD.
As of May 18, 2009 (74 FR 18979; April 27, 2009), the Director of
the Federal Register approved the incorporation by reference of EADS-
PZL ``Warszawa-Ok[eogon]cie'' S.A. Mandatory Bulletin No. 10409036,
dated March 18, 2009, listed in this AD.
ADDRESSES: You may examine the AD docket on the Internet at https://www.regulations.gov or in person at the Docket Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
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
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 May 12, 2009 (74 FR
22127), and proposed to supersede AD 2009-09-04, Amendment 39-15890 (74
FR 18979, April 27, 2009). That NPRM proposed to correct an unsafe
condition for the specified products. The MCAI states that:
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.
The Administrative Procedure Act does not permit including long-
term requirements in an urgent safety of flight action where the rule
becomes effective at the same time the public has the opportunity to
comment. We analyzed the short-term action and the long-term actions of
the MCAI separately to determine the necessity of public notice.
Therefore, AD 2009-09-04 addressed the initial short-term inspection
requirement of the MCAI, but we did not include the required long-term
repetitive inspections in the immediately adopted rule. We proposed the
long-term repetitive inspections in the NPRM to allow public comment.
The NPRM retained the short-term initial inspection and proposed
the mandatory long-term action of repetitively inspecting the fuselage
front posts through a revision to the airplane maintenance program.
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.
Conclusion
We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.
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 also have required 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 AD.
Costs of Compliance
We estimate that this AD will affect 26 products of U.S. registry.
We also estimate that it will take about 50 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $80 per work-hour. Required parts will cost about $150 per product.
Based on these figures, we estimate the cost of this AD to the 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
[[Page 32427]]
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 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:
(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.
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 the NPRM, 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.
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 removing Amendment 39-15890 (74 FR
18979; April 27, 2009) and adding the following new AD:
2009-14-10 EADS-PZL Warszawa-Okecie S.A.: Amendment 39-15960; Docket
No. FAA-2009-0446; Directorate Identifier 2009-CE-024-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective August
12, 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 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-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-Okecie'' S.A. Mandatory
Bulletin No. 10409036, dated March 18, 2009.
(4) Within 2 months after August 12, 2009 (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-
[[Page 32428]]
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.
Material Incorporated by Reference
(h) You must use 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, 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 PZL-104 Wilga 80 Maintenance Manual,
pages 5-4 and 25-10, dated April 7, 2009, under 5 U.S.C. 552(a) and
1 CFR part 51.
(2) On May 18, 2009 (74 FR 18979; April 27, 2009), the Director
of the Federal Register previously approved the incorporation by
reference of EADS PZL ``Warszawa-Ok[eogon]cie'' S.A. Mandatory
Bulletin No. 10409036, dated March 18, 2009.
(3) 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.
(4) 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.
(5) 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 June 30, 2009.
Scott A. Horn,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-15917 Filed 7-7-09; 8:45 am]
BILLING CODE 4910-13-P