Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations 18979 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0371; Directorate 

Identifier 2009–CE–021–AD; Amendment 

39–15890; AD 2009–09–04] 

RIN 2120–AA64 

Airworthiness Directives; EADS–PZL 

‘‘Warszawa-Oke ̨cie’’ S.A. Model PZL– 

104 WILGA 80 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued by the aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

An inspection of a PZL–104 aeroplane that 

had a relatively long operational background 

revealed a severe corrosion of the steel front 

fuselage structural elements. 

It is likely that such corrosion can also be 

present on other aeroplanes of similar design 

and operational history. 

If left uncorrected, this condition could 

lead to loss of strength of the structural front 

posts elements and consequent reduction of 

the structural strength of the aeroplane. 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective May 

18, 2009. 

On May 18, 2009, the Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

We must receive comments on this 

AD by May 27, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://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 http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Office (telephone (800) 647– 

5527) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Doug Rudolph, Aerospace Engineer, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329– 

4059; fax: (816) 329–4090. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued AD No. 2009– 

0072, dated March 31, 2009 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

An inspection of a PZL–104 aeroplane that 

had a relatively long operational background 

revealed a severe corrosion of the steel front 

fuselage structural elements. 

It is likely that such corrosion can also be 

present on other aeroplanes of similar design 

and operational history. 

If left uncorrected, this condition could 

lead to loss of strength of the structural front 

posts elements and consequent reduction of 

the structural strength of the aeroplane. 

For the reason stated above, this 

Airworthiness Directive (AD) mandates 

inspecting the fuselage front posts, repairing 

any corrosion found and replacing pads 

made of foam rubber by pads made of 

Neoprene to prevent water ingression. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

EADS–PZL ‘‘Warszawa-Oke ̨cie’’ S.A. 

has issued Mandatory Bulletin No. 

10409036, dated March 18, 2009. The 

actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 

FAA’s Determination and Requirements 

of the AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with this State of 

Design Authority, they have notified us 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are issuing this 

AD because we evaluated all 

information provided by the State of 

Design Authority and determined the 

unsafe condition exists and is likely to 

exist or develop on other products of the 

same type design. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might have also required different 

actions in this AD from those in the 

MCAI in order to follow FAA policies. 

Any such differences are described in a 

separate paragraph of the AD. These 

requirements take precedence over 

those copied from the MCAI. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because if left uncorrected, 

corrosion could lead to loss of structural 

strength of the front posts elements and 

consequent reduction of structural 

strength of the airplane. Therefore, we 

determined that notice and opportunity 

for public comment before issuing this 

AD are impracticable and that good 

cause exists for making this amendment 

effective in fewer than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments about this AD. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2009–15890; 

Directorate Identifier 2009–CE–021– 

AD’’ at the beginning of your comments. 

We specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 


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18980 Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this AD. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

(2) Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

(3) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ 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 adding 

the following new AD: 

2009–09–04 EADS–PZL ‘‘WarszawaOke ̨cie’’ S.A.: Amendment 39–15890; 

Docket No. FAA–2009–0371; Directorate 

Identifier 2009–CE–021–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective May 18, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model PZL–104 

WILGA 80 airplanes, all serial numbers, 

certificated in any category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 53: Fuselage. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

An inspection of a PZL–104 aeroplane that 

had a relatively long operational background 

revealed a severe corrosion of the steel front 

fuselage structural elements. 

It is likely that such corrosion can also be 

present on other aeroplanes of similar design 

and operational history. 

If left uncorrected, this condition could 

lead to loss of strength of the structural front 

posts elements and consequent reduction of 

the structural strength of the aeroplane. 

For the reason stated above, this 

Airworthiness Directive (AD) mandates 

inspecting the fuselage front posts, repairing 

any corrosion found and replacing pads 

made of foam rubber by pads made of 

Neoprene to prevent water ingression. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 12 years from date of 

manufacture or within the next two months 

after May 18, 2009 (the effective date of this 

AD), whichever occurs later, inspect the 

fuselage front posts for signs of corrosion 

following paragraph 6.A. of EADS–PZL 

‘‘Warszawa-Oke ̨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-Oke ̨cie’’ S.A. 

(3) Within 12 years from date of 

manufacture or within the next two months 

after May 18, 2009 (the effective date of this 

AD), whichever occurs later, replace the rear 

glass padding following paragraph 6.C. of 

EADS–PZL ‘‘Warszawa-Oke ̨cie’’ S.A. 

Mandatory Bulletin No. 10409036, dated 

March 18, 2009. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: 

(1) The MCAI specifies revising the 

airplane maintenance program to include a 

repetitive inspection of the fuselage front 

posts. We are not including the maintenance 

program revision action in this AD. The 

Administrative Procedure Act does not 

permit the FAA to ‘‘bootstrap’’ a long-term 

requirement into an urgent safety of flight 

action where the rule becomes effective at the 

same time the public has the opportunity to 

comment. The short-term action and the 

long-term action are analyzed separately for 

justification to bypass prior public notice. 

(2) After issuing this AD, we may initiate 

further AD action (notice of proposed 

rulemaking followed by a final rule) to 

require a maintenance program revision 

action to do a repetitive inspection of the 

fuselage front posts. Credit will be given in 

any subsequent action for the inspection 

done under this AD. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. Send information to 

Attn: Doug Rudolph, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4059; fax: (816) 329– 

4090. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency (EASA) AD No.: 2009–0072, 

dated March 31, 2009, and EADS–PZL 

‘‘Warszawa-Oke ̨cie’’ S.A. Mandatory Bulletin 

No. 10409036, dated March 18, 2009, for 

related information. 

Material Incorporated by Reference 

(i) You must use EADS–PZL ‘‘WarszawaOke ̨cie’’ S.A. Mandatory Bulletin No. 


dwashington3 on PROD1PC60 with RULES
Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations 18981 

10409036, dated March 18, 2009, to do the 

actions required by this AD, unless the AD 

specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact EADS–PZL ‘‘WarszawaOke ̨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: http:// 

www.eads.net/1024/en/businet/airbus/ 

airbus_military/pzl/pzl.html. 

(3) You may review copies of the service 

information incorporated by reference for 

this AD at the FAA, Central Region, Office of 

the Regional Counsel, 901 Locust, Kansas 

City, Missouri 64106. For information on the 

availability of this material at the Central 

Region, call (816) 329–3768. 

(4) You may also review copies of the 

service information incorporated by reference 

for this AD at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Kansas City, Missouri on April 

15, 2009. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E9–9321 Filed 4–24–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–28077; Directorate 

Identifier 2007–NE–20–AD; Amendment 39– 

15889; AD 2009–09–03] 

RIN 2120–AA64 

Airworthiness Directives; Turbomeca 

S.A. Arriel 2B and 2B1 Turboshaft 

Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

Several cases of Gas Generator Turbine (HP 

Turbine) blade rearward displacement have 

been detected during borescope inspection or 

in repair centre following engine 

disassembly. Two of them resulted in blade 

rubs between the rear face of the fir-tree roots 

and the rear bearing support cover. High HP 

blade rearward displacement can potentially 

result in blade release due to fatigue of the 

blade, which would cause an uncommanded 

in-flight engine shutdown. 

We are issuing this AD to prevent an 

uncommanded in-flight engine 

shutdown which could result in an 

emergency autorotation landing or, at 

worst, an accident. 

DATES: This AD becomes effective June 

1, 2009. The Director of the Federal 

Register approved the incorporation by 

reference of certain publications listed 

in this AD as of June 1, 2009. 

ADDRESSES: The Docket Operations 

office is located at Docket Management 

Facility, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001. 

FOR FURTHER INFORMATION CONTACT: 

James Lawrence, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

& Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

e-mail: james.lawrence@faa.gov; 

telephone (781) 238–7176; fax (781) 

238–7199. 

SUPPLEMENTARY INFORMATION: 

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 December 9, 2008 (73 FR 

74661). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states that: 

Several cases of Gas Generator Turbine (HP 

Turbine) blade rearward displacement have 

been detected during borescope inspection or 

in repair centre following engine 

disassembly. Two of them resulted in blade 

rubs between the rear face of the fir-tree roots 

and the rear bearing support cover. 

High HP blade rearward displacement can 

potentially result in blade release due to 

fatigue of the blade, which would cause an 

uncommanded in-flight engine shutdown. 

The evaluation of this condition has 

prompted to require a periodic borescope 

inspection in order to detect HP blade 

rearward displacement. Additionally, in case 

displacement is found above the specified 

limit, removal of Module 03 is required. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Removal of the Arriel 2B1A Engine 

Since we issued the proposed AD, we 

discovered that we inadvertently listed 

the Arriel 2B1A engine in the 

applicability. We removed that model 

from the AD, as it is not certified for 

operation in the U.S. 

Deletion of Reporting Requirement 

We deleted the Turbomeca reporting 

requirement from the AD, since we 

determined that the reporting 

requirement was unnecessary. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously. 

Costs of Compliance 

We estimate that this AD will affect 

about 248 engines on helicopters of U.S. 

registry. We also estimate that it will 

take about 2 work-hours per engine to 

perform the actions and that the average 

labor rate is $80 per work-hour. Based 

on these figures, we estimate the total 

cost of the AD to U.S. operators to be 

$39,680. Our cost estimate is exclusive 

of possible warranty coverage. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this AD: 


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