AD 2008-07-02

[Federal Register Volume 73, Number 59 (Wednesday, March 26, 2008)]
[Rules and Regulations]
[Pages 15875-15877]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E8-6037]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0345; Directorate Identifier 2008-CE-017-AD; 
Amendment 39-15443; AD 2008-07-02]
RIN 2120-AA64


Airworthiness Directives; MORAVAN a.s. Model Z-143L Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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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:

    Installation of G-load monitoring units on some Z 43 series 
aeroplanes has revealed that certain aeroplanes, during aerobatic

[[Page 15876]]

manoeuvres, exceeded the limit loads initially defined for the 
certification.
    As a consequence, to restore the safety margins on aeroplanes 
operated in Utility (``U'') category, this AD mandates a 
modification of the Airplane Flight Manual (AFM) so as to change and 
limit the permissible manoeuvres in ``U'' category flights.

    This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective March 31, 2008.
    On March 31, 2008, 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 April 25, 2008.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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, FAA, 
Small Airplane Directorate, 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: 2008-0046, dated February 28, 2008 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    Installation of G-load monitoring units on some Z 43 series 
aeroplanes has revealed that certain aeroplanes, during aerobatic 
manoeuvres, exceeded the limit loads initially defined for the 
certification.
    As a consequence, to restore the safety margins on aeroplanes 
operated in Utility (``U'') category, this AD mandates a 
modification of the Airplane Flight Manual (AFM) so as to change and 
limit the permissible manoeuvres in ``U'' category flights.

    This AD requires you to modify the Limitations section of the 
airplane flight manual (AFM) by incorporating AFM, revision 11, dated 
November 24, 2006.
    You may obtain further information by examining the MCAI in the AD.

Relevant Service Information

    Moravan Aviation s.r.o. has issued Mandatory Service Bulletin 
Z143L/29a, dated February 15, 2007, which incorporates the AFM revision 
11, dated November 24, 2006, which limits certain maneuvers in the 
Utility Category. 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 
there is a risk of structural damage in the wing area if the currently 
allowed maneuvers in the Utility Category are continued. It is 
imperative that the required limitations take effect immediately so the 
operator is aware of these changes and does not exceed the new limits 
needed in order to maintain the integrity of the structure. 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-2008-0345; Directorate 
Identifier 2008-CE-017-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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any 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

[[Page 15877]]

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:

2008-07-02 MORAVAN a.s.: Amendment 39-15443; Docket No. FAA-2008-
0345; Directorate Identifier 2008-CE-017-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 
31, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model Z-143L airplanes, all serial 
numbers, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 5: Time 
Limits.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    Installation of G-load monitoring units on some Z 43 series 
aeroplanes has revealed that certain aeroplanes, during aerobatic 
manoeuvres, exceeded the limit loads initially defined for the 
certification.
    As a consequence, to restore the safety margins on aeroplanes 
operated in Utility (``U'') category, this AD mandates a 
modification of the Airplane Flight Manual (AFM) so as to change and 
limit the permissible manoeuvres in ``U'' category flights.

    This AD requires you to modify the Limitations section of the 
airplane flight manual (AFM) by incorporating AFM, revision 11, 
dated November 24, 2006.

Actions and Compliance

    (f) Unless already done, within 10 days after March 31, 2008 
(the effective date of this AD) modify the Limitations section of 
the AFM following Moravan Aviation s.r.o. Mandatory Service Bulletin 
Z143L/29a, dated February 15, 2007, by incorporating AFM, revision 
11, dated November 24, 2006. The owner/operator holding at least a 
private pilot certificate as authorized by section 43.7 of the 
Federal Aviation Regulations (14 CFR 43.7) may do this action. Make 
an entry into the aircraft logbook showing compliance with this 
portion of the AD in accordance with section 43.9 of the Federal 
Aviation Regulations (14 CFR 43.9).

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 Staff, 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 European Aviation Safety Agency (EASA) AD No.: 
2008-0046, dated February 28, 2008; and Moravan Aviation s.r.o. 
Mandatory Service Bulletin Z143L/29a, dated February 15, 2007, for 
related information.

Material Incorporated by Reference

    (i) You must use Moravan Aviation s.r.o. Mandatory Service 
Bulletin Z143L/29a, dated February 15, 2007, 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 
Moravan Aviation s.r.o., ZLIN Service, 765 81 Otrokovice, Czech 
Republic.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 
64106; or 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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Kansas City, Missouri, on March 17, 2008.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-6037 Filed 3-25-08; 8:45 am]
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