AD 2009-14-10

[Federal Register Volume 74, Number 129 (Wednesday, July 8, 2009)]
[Rules and Regulations]
[Pages 32426-32428]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E9-15917]


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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.

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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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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 <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 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: <a href="/cdn-cgi/l/email-protection#6d080c091e1d01172d1d011743080c091e43030819"><span class="__cf_email__" data-cfemail="e683878295968a9ca6968a9cc883878295c8888392">[email&#160;protected]</span></a>.
    (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: <a href="/cdn-cgi/l/email-protection#91f4f0f5e2e1fdebd1e1fdebbff4f0f5e2bffff4e5"><span class="__cf_email__" data-cfemail="c8ada9acbbb8a4b288b8a4b2e6ada9acbbe6a6adbc">[email&#160;protected]</span></a>; Internet: <a href="http://www.eads.net/1024/en/businet/airbus/airbus_military/pzl/pzl.html">http://www.eads.net/1024/en/businet/airbus/airbus_military/pzl/pzl.html</a>.
    (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: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    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]
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