47822 Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Rules and Regulations 

TABLE 4—NEW MATERIAL INCORPORATED BY REFERENCE

Bombardier temporary amendment— Issue— Dated—

To Bombardier Dash 8 

Q400 airplane flight manual—

13 ..................................................................... 3 June 9, 2008 .................................................... Model 402 PSM 1–84–1A. 

(2) On July 10, 2007 (72 FR 30968, June 5, 

2007), the Director of the Federal Register 

approved the incorporation by reference of 

the temporary amendments identified in 

Table 5 of this AD. 

TABLE 5—PREVIOUSLY APPROVED MATERIAL INCORPORATED BY REFERENCE

Bombardier temporary amendment— Issue— Dated—

To Bombardier Dash 8 

Q400 airplane flight manual—

13 ..................................................................... 1 July 14, 2005 ................................................... Model 400 PSM 1–84–1A. 

13 ..................................................................... 1 July 14, 2005 ................................................... Model 401 PSM 1–84–1A. 

13 ..................................................................... 1 July 14, 2005 ................................................... Model 402 PSM 1–84–1A. 

(3) Contact Bombardier, Inc., Bombardier 

Regional Aircraft Division, 123 Garratt 

Boulevard, Downsview, Ontario M3K 1Y5, 

Canada, for a copy of this service 

information. You may review copies at the 

FAA, Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington; 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: http:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on July 31, 

2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–18683 Filed 8–14–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0844; Directorate 

Identifier 2007–SW–23–AD; Amendment 39–

15635; AD 2008–16–17] 

RIN 2120–AA64 

Airworthiness Directives; PZL Swidnik 

S. A. Model W–3A Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the PZL 

Swidnik S. A. (PZL) Model W–3A 

helicopters. This AD results from 

mandatory continuing airworthiness 

information (MCAI) issued by the 

European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community. The MCAI states: ‘‘In PZL 

W–3A helicopter S/N 37.07.05, and 

previously also in the PZL W–3AS 

model helicopters, leakage was found in 

the pipe 37.59.006.00.00 installed in the 

pressure line of hydraulic system 2, in 

the part between the hydraulic block 

and the ground hydraulic unit panel. 

The hydraulic system in the part 

between hydraulic blocks and the 

ground hydraulic unit panel is used 

only during periodical inspections, for 

the performance of which it is required 

to use the hydraulic power unit. This 

condition, if not corrected, could result 

in a fire hazard.’’ The actions specified 

in this AD are intended to prevent this 

unsafe condition. 

DATES: This AD becomes effective on 

September 2, 2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of ‘‘PZL-S ́ widnik’’ S.A. Mandatory 

Bulletin No. BO–37–07–192, dated 

January 12, 2007, and ‘‘PZL-S ́ widnik’’

Technical Bulletin No. BT–37–07–196, 

dated April 24, 2007, as of September 2, 

2008. 

We must receive comments on this 

AD by October 14, 2008. 

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 your 

comments electronically. 

• 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. 

You may get the service information 

identified in this AD from WSK ‘‘PZLS ́ widnik’’ S.A., Al. Lotniko ́w Polskich 1, 

21–045 S ́ widnik, Poland, telephone 

(+48 81) 468 09 01, 751 20 71, or fax 

(+48 81) 468 09 19, 751 21 73, e-mail: 

hem@pzl.swidnik.pl. 

Examining the Docket: You may 

examine the AD docket on the Internet 

at http://www.regulations.gov or in 

person at the Docket Operations office 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The AD docket contains this AD, any 

comments received, and other 

information. The street address for the 

Docket Operations office (telephone 

(800) 647–5527) is stated in the 

ADDRESSES section of this AD. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Uday Garadi, Aerospace Engineer, 

Regulations and Policy Group, 

Rotorcraft Directorate, FAA, Fort Worth, 

Texas 76193–0110, telephone (817) 

222–5123, fax (817) 222–5961. 

SUPPLEMENTARY INFORMATION: The 

EASA, which is the Technical Agent for 

the Member States of the European 

Community, has issued EASA 

Emergency AD No. 2007–0072R1, dated 

July 6, 2007 (referred to after this as ‘‘the 

MCAI’’), to correct an unsafe condition 

for the PZL Model W–3A helicopters. 

The MCAI states: ‘‘In PZL W–3A 

helicopter S/N 37.07.05, and previously 

also in the PZL W–3AS model 

helicopters, leakage was found in the 


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Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Rules and Regulations 47823 

pipe 37.59.006.00.00 installed in the 

pressure line of hydraulic system 2, in 

the part between the hydraulic block 

and the ground hydraulic unit panel. 

The hydraulic system in the part 

between hydraulic blocks and the 

ground hydraulic unit panel is used 

only during periodical inspections, for 

the performance of which it is required 

to use the hydraulic power unit. This 

condition, if not corrected, could result 

in a fire hazard.’’ You may obtain 

further information by examining the 

MCAI and any related service 

information in the AD docket. 

Related Service Information 

PZL has issued Mandatory Bulletin 

No. BO–37–07–192, dated January 12, 

2007, and Technical Bulletin No. BT–

37–07–196, dated April 24, 2007. The 

actions described in the MCAI are 

intended to correct the same unsafe 

condition as that identified in the 

service information. 

FAA’s Evaluation and Unsafe Condition 

Determination 

This helicopter model has been 

approved by the aviation authority of 

Poland, and is approved for operation in 

the United States. Pursuant to our 

bilateral agreement with Poland, they 

have notified us of the unsafe condition 

described in the MCAI. We are issuing 

this AD because we evaluated all 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other helicopters of the same 

type design. 

There are no products of this type 

currently registered in the United States. 

However, this rule is necessary to 

ensure that the described unsafe 

condition is addressed if any of these 

products are placed on the U.S. Registry 

in the future. 

Differences Between This AD and the 

MCAI 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. This 

AD differs from the MCAI in that it: 

• Only applies to Model W–3A 

helicopters because the Model W–3AS 

helicopters do not have a U.S. type 

certificate; and 

• Does not allow compliance to be 

completed in accordance with ‘‘later 

approved revisions’’ of the service 

information. 

These differences are highlighted in 

the ‘‘Differences Between this AD and 

the MCAI’’ section in the AD. 

Costs of Compliance 

There are no costs of compliance 

since there are no helicopters of this 

type design on the U.S. Registry. 

FAA’s Determination of the Effective 

Date 

Since there are currently no affected 

U.S. registered helicopters, we have 

determined that notice and opportunity 

for prior public comment before issuing 

this AD are unnecessary and that good 

cause exists for making this amendment 

effective in less 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. 

However, we invite you to send us any 

written data, views, or arguments 

concerning this AD. Send your 

comments to an address listed under the 

ADDRESSES section of this AD. Include 

‘‘Docket No. FAA–2008–0844; 

Directorate Identifier 2007–SW–23–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 

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. 

Therefore, I certify this AD: 

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. 

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: 

2008–16–17 PZL S ́ widnik S. A.: 

Amendment 39–15635. Docket No. 

FAA–2008–0844; Directorate Identifier 

2007–SW–23–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective on September 2, 2008. 

Other Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model W–3A 

helicopters, all serial numbers, certificated in 

any category. 

Reason 

(d) The mandatory continuing 

airworthiness information (MCAI) states: ‘‘In 

PZL W–3A helicopter S/N 37.07.05, and 

previously also in the PZL W–3AS model 

helicopters, leakage was found in the pipe 

37.59.006.00.00 installed in the pressure line 

of hydraulic system 2, in the part between 

the hydraulic block and the ground hydraulic 

unit panel. The hydraulic system in the part 

between hydraulic blocks and the ground 

hydraulic unit panel is used only during 


sroberts on PROD1PC70 with PROPOSALS
47824 Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Rules and Regulations 

periodical inspections, for the performance of 

which it is required to use the hydraulic 

power unit. This condition, if not corrected, 

could result in a fire hazard.’’ The actions 

specified in this AD are intended to prevent 

this unsafe condition. 

Actions and Compliance 

(e) Within the next 10 hours time-inservice (TIS) or 3 months, whichever occurs 

first, modify hydraulic systems 1 and 2 

between the hydraulic blocks and the 

hydraulic ground unit panel by 

disconnecting the pipes, part number (P/N) 

37.59.233.00.00 and P/N 37.59.234.00.00, 

from the hydraulic blocks, plugging the 

blocks and disconnected pipes, and securing 

the pipes, as specified in section II, page 3, 

of PZL-S ́ widnik S. A. (PZL) Mandatory 

Bulletin No. BO–37–07–192, dated January 

12, 2007. 

(f) When the use of the hydraulic ground 

unit panel is necessary for maintenance, for 

the duration of the maintenance activity, you 

may temporarily remove the security tape 

and clips, unplug the pipes and blocks, and 

reconnect the pipes that were disconnected 

in accordance with paragraph (e) of this AD. 

(g) At your discretion, modify both 

hydraulic systems by replacing pipes, P/N 

37.59.233.00.00 and P/N 37.59.234.00.00, 

with pipes, P/N 37.59.333.00.00 and P/N 

37.59.334.00.00, respectively, and install a 

check valve, P/N 37.59.336.00.00, in each 

hydraulic system in accordance with Section 

II, page 2, of PZL Technical Bulletin No. BT–

37–07–196, dated April 24, 2007 (PZL TB). 

Note: The PZL TB inconsistently refers to 

various P/Ns as either ‘‘pipes’’ or ‘‘hoses.’’

For consistency in the terminology in this 

AD, we refer to all these P/Ned ‘‘hoses’’ as 

‘‘pipes.’’

(h) Modifying both hydraulic systems by 

replacing the pipes and installing check 

valves as specified in paragraph (g) of this 

AD constitute terminating action for the 

requirements of this AD. 

Differences Between This AD and the MCAI 

(i) This AD differs from the MCAI in that 

it: 

(1) Only applies to Model W–3A 

helicopters because the Model W–3AS 

helicopters do not have a U.S. type 

certificate; and 

(2) Does not allow compliance to be 

completed in accordance with ‘‘later 

approved revisions’’ of the service 

information. 

Other Information 

(j) Alternative Methods of Compliance 

(AMOCs): The Manager, Safety Management 

Group, FAA, ATTN: Uday Garadi, Aerospace 

Engineer, Regulations and Policy Group, 

FAA, Rotorcraft Directorate, Fort Worth, 

Texas 76193–0110, telephone (817) 222–

5123, fax (817) 222–5961, has the authority 

to approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Related Information 

(k) MCAI European Aviation Safety Agency 

(EASA) Airworthiness Directive No. 2007–

0072R1, dated July 6, 2007 contains related 

information. 

Air Transport Association of America (ATA) 

Tracking Code 

(l) ATA Code: 2910, Hydraulic System, 

Main. 

(m) You must use the specified portions of 

PZL-S ́ widnik S. A. Mandatory Bulletin No. 

BO–37–07–192, dated January 12, 2007, and 

PZL-S ́ widnik S. A. Technical Bulletin No. 

BT–37–07–196, dated April 24, 2007 to do 

the actions required. 

(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 WSK ‘‘PZL-S ́ widnik’’ S.A., 

Al. Lotniko ́w Polskich 1, 21–045 S ́ widnik, 

Poland, telephone (+48 81) 468 09 01, 751 20 

71, or fax (+48 81) 468 09 19, 751 21 73, email: hem@pzl.swidnik.pl. 

(3) You may review copies at the FAA, 

Office of the Regional Counsel, Southwest 

Region, 2601 Meacham Blvd., Room 663, Fort 

Worth, Texas; 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: http://www.archives.gov/federal-register/ 

cfr/ibr-locations.html. 

Issued in Fort Worth, Texas, on August 7, 

2008. 

Mark R. Schilling, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–18805 Filed 8–14–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 153 

[Docket No.: FAA–2007–29237; Amendment 

No. 153–1] 

RIN 2120–AJ07 

Aviation Safety Inspector Airport 

Access 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: Two rulemakings finalized 

several years ago removed regulatory 

language regarding the statutory 

authority of Aviation Safety Inspectors 

to access airport operations areas 

(AOAs), security identification display 

areas (SIDAs), and other secured and 

restricted airport areas. This final rule 

clarifies the authority of a properly 

credentialed Aviation Safety Inspector 

(ASI) to access AOAs, SIDAs, and other 

secured areas of a public-use airport 

allowing performance of their official 

duties supporting the FAA’s safety 

mission. 

DATES: This amendment becomes 

effective September 15, 2008. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this final 

rule contact Pat Hempen, Federal 

Aviation Administration, Flight 

Standards Service, Air Transportation 

Division (AFS–200), 800 Independence 

Avenue, SW., Washington, DC 20591; 

Telephone (202) 267–8166; facsimile 

(202) 267–5229, e-mail 

patrick.hempen@faa.gov. For legal 

questions concerning this final rule 

contact Bruce Glendening, Federal 

Aviation Administration, Office of the 

Chief Counsel, Regulations Division 

(AGC–220), 800 Independence Avenue, 

SW., Washington, DC 20591; Telephone 

(202) 267–8011; facsimile (202) 267–

7971, e-mail bruce.glendening@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA is issuing this rulemaking 

under the authority set forth in 49 

U.S.C. section 44701(a)(5), section 

40113, and section 44713. Under section 

44701(a)(5), the Administrator is 

charged with promoting safe flight of 

civil aircraft by, among other things, 

prescribing regulations the 

Administrator finds necessary for safety 

in air commerce. Sections 40113 and 

44713 relate to the Administrator’s 

authority to conduct safety inspections. 

Background 

The FAA is re-codifying in Title 14 of 

the Code of Federal Regulations, that 

public-use airports are required to give 

Federal Aviation Administration (FAA) 

aviation safety inspectors (ASIs) access 

to air operations areas (AOAs), security 

identification display areas (SIDAs) and 

other secured areas. Since the transfer of 

most aviation and transportation 

security functions to Transportation 

Security Administration (TSA), ASIs 

have encountered difficulty accessing 

airport restricted areas to perform their 

safety oversight duties. FAA ASIs must 

have access to public-use airport 

secured areas to do their job. 

Summary of the Notice of Proposed 

Rulemaking (NPRM) 

On September 19, 2007, the FAA 

published a notice of proposed 

rulemaking (NPRM) (72 FR 53504) 

restoring, clarifying, and reiterating 

authority of properly credentialed ASIs 

to access AOAs, SIDAs, and other 

secured areas of an airport. FAA 

security rules were formerly contained 

in 14 CFR parts 107 and 108. These 

security rules were transferred to 

Transportation Security Administration 

(TSA) by the Aviation and 

Transportation Security Act (ATSA) 

(Pub. L. 107–71, 115 Stat. 597, 

November 19, 2001) and promulgated 


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