Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Proposed Rules 22127 

revised and allows the use of ‘‘Any 

subsequent approved revision of this 

document is acceptable’’ for service bulletin 

revisions. The FAA AD does not have a 

similar provision. This proposed revised AD 

will change the Applicability section based 

on the revised service bulletin. 

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: Albert Mercado, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4119; 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 Direction Ge ́ne ́rale de 

l’aviation Civile Airworthiness Directive No 

F–2005–132, dated August 3, 2005; SOCATA 

TBM Aircraft Mandatory Service Bulletin SB 

70–129, dated June 2005; and SOCATA TBM 

Aircraft Mandatory Service Bulletin SB 70– 

129, AMENDMENT 1, dated February 2009 

for related information. 

Issued in Kansas City, Missouri, on May 6, 

2009. 

Scott A. Horn, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–11022 Filed 5–11–09; 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] 

RIN 2120–AA64 

Airworthiness Directives; EADS–PZL 

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

104 WILGA 80 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above that would 

supersede an existing AD. This 

proposed AD results from mandatory 

continuing airworthiness information 

(MCAI) originated 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. 

The proposed AD would require 

actions that are intended to address the 

unsafe condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by June 11, 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 proposed 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: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2009–0446; Directorate Identifier 

2009–CE–024–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

regulations.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

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. 


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22128 Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Proposed Rules 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

On April 15, 2009, we issued AD 

2009–09–04, Amendment 39–15890 (74 

FR 18979; April 27, 2009). That AD 

required actions intended to address an 

unsafe condition on the products listed 

above. 

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 were analyzed separately for 

justification to bypass prior public 

notice. 

We are issuing this proposed AD to 

address the mandatory long-term action 

of repetitively inspecting the fuselage 

front posts through a revision to the 

airplane maintenance program. 

Relevant Service Information 

EADS PZL ‘‘Warszawa-Oke ̨cie’’ S.A. 

has issued: 

• Mandatory Bulletin (MB) No. 

10409036, dated March 18, 2009; and 

• PZL–104 Wilga 80 Maintenance 

Manual, pages 5–4 and 25–10, dated 

April 7, 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 Proposed 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 proposing this 

AD because we evaluated all 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This Proposed 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 proposed 

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 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD will 

affect 26 products of U.S. registry. We 

also estimate that it would take about 50 

work-hours per product to comply with 

the basic requirements of this proposed 

AD. The average labor rate is $80 per 

work-hour. Required parts would cost 

about $150 per product. 

Based on these figures, we estimate 

the cost of the proposed AD on 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 

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 proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would 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 proposed regulation: 

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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed 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. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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: 

EADS–PZL ‘‘Warszawa-Oke ̨cie’’ S.A.: 

Docket No. FAA–2009–0446; Directorate 

Identifier 2009–CE–024–AD. 

Comments Due Date 

(a) We must receive comments by June 11, 

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 


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Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Proposed Rules 22129 

1 31 CFR 103.11(uu)(1)–(6). 

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-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., 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-Oke ̨cie’’ S.A. 

Mandatory Bulletin No. 10409036, dated 

March 18, 2009. 

(4) Within 2 months after 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 ‘‘WarszawaOke ̨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. 

Issued in Kansas City, Missouri, on May 6, 

2009. 

Scott A. Horn, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–11028 Filed 5–11–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

31 CFR Part 103 

RIN 1506–AA97 

Financial Crimes Enforcement 

Network; Amendment to the Bank 

Secrecy Act Regulations—Definitions 

and Other Regulations Relating to 

Money Services Businesses 

AGENCY: Financial Crimes Enforcement 

Network (FinCEN), Department of the 

Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Financial Crimes 

Enforcement Network (‘‘FinCEN’’), a 

bureau of the Department of the 

Treasury (‘‘Treasury’’), is proposing to 

revise the regulations implementing the 

Bank Secrecy Act (‘‘BSA’’) regarding 

money services businesses (‘‘MSBs’’) to 

clarify which entities are covered by the 

definitions. Specifically, we are 

reviewing the MSB regulatory 

framework with a focus on providing 

efficient and effective regulation for the 

industry, as well as improving the 

ability of regulators, law enforcement, 

and FinCEN to safeguard the U.S. 

financial system from the abuses of 

terrorist financing, money laundering, 

and other financial crime. 

The proposed changes are intended to 

more clearly delineate the scope of 

entities regulated as MSBs, so that 

determining which entities are obligated 

to comply will be more straightforward 

and predictable. This rulemaking 

proposes to amend the current MSB 

regulations in the following ways: By 

ensuring that certain foreign-located 

MSBs with a U.S. presence are subject 

to the BSA rules; by updating the MSB 

definitions to reflect past guidance and 

rulings, current business operations, 

evolving technologies, and merging 

lines of business; and by combining all 

of stored value into one category, 

without substantively changing the 

existing definition, so that issuers of 

stored value and sellers or redeemers of 

stored value are in the same category. In 

addition, this rulemaking solicits 

comments on stored value to assist 

FinCEN with a future rulemaking 

proposing a revised definition of stored 

value and revising related regulations. 

DATES: Written comments on the notice 

of proposed rulemaking must be 

submitted on or before September 9, 

2009. 

ADDRESSES: You may submit comments, 

identified by RIN 1506–AA97, by any of 

the following methods: 

• Federal e-rulemaking portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Refer to Docket number TREAS– 

FinCen–2009–0002. 

• Mail: FinCEN, P.O. Box 39, Vienna, 

VA 22183. Include RIN 1506–AA97 in 

the body of the text. 

Inspection of comments: Comments 

may be inspected, between 10 a.m. and 

4 p.m., in the FinCEN reading room in 

Vienna, VA. Persons wishing to inspect 

the comments submitted must request 

an appointment with the Disclosure 

Officer by telephoning (703) 905–5034 

(Not a toll free call). 

FOR FURTHER INFORMATION CONTACT: 

Regulatory Policy and Programs 

Division, FinCEN (800) 949–2732 and 

select option 1. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The term MSB, as currently defined in 

the BSA regulations, refers to each of 

the following distinct categories of 

financial service providers: (1) Currency 

dealer or exchanger, (2) check casher, 

(3) issuer of traveler’s checks, money 

orders, or stored value, (4) seller or 

redeemer of traveler’s checks, money 

orders, or stored value, (5) money 

transmitter, and (6) the United States 

Postal Service.1

MSBs play a critical role in providing 

financial services to, among others, a 

segment of the population that generally 

does not maintain bank accounts. Law 

enforcement, FinCEN, and other federal 

regulators have repeatedly stressed the 

need to prevent transactions that 

typically flow through these businesses 

from going underground, which would 

diminish transparency with respect to 

these transactions. Because MSBs 


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