32426 Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Rules and Regulations 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; e-mail me.boecom@boeing.com; 

Internet https://www.myboeingfleet.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221 or 425–227–1152. 

(4) You may also review copies of the 

service information that is incorporated by 

reference 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 Renton, WA, on June 11, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–15405 Filed 7–7–09; 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; Amendment 

39–15960; AD 2009–14–10] 

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: Final rule. 

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-Oke ̨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 http:// 

www.regulations.gov 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 longterm 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 workhours 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 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Rules and Regulations 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 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 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 

■ 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 

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-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-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 ‘‘WarszawaVerDate Nov<24>2008 16:30 Jul 07, 2009 Jkt 217001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\08JYR1.SGM 08JYR1

sroberts on DSKD5P82C1PROD with RULES
32428 Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Rules and Regulations 

Oke ̨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 ‘‘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, 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-Oke ̨cie’’ 

S.A. Mandatory Bulletin No. 10409036, dated 

March 18, 2009. 

(3) 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. 

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

code_of_federal_regulations/

ibr_locations.html. 

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] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2009–0302] 

RIN 1625–AA08 

Special Local Regulation, Maggie 

Fischer Memorial Great South Bay 

Cross Bay Swim, Great South Bay, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The Coast Guard is 

establishing a permanent Special Local 

Regulation on Great South Bay, NY 

between Gilbert Park, Brightwaters, NY 

and Fire Island Lighthouse Dock, Fire 

Island, NY due to the annual Maggie 

Fischer Memorial Great South Bay Cross 

Bay Swim. This Special Local 

Regulation is necessary to provide for 

the swimmers’ safety of life on the 

navigable waters of Great South Bay, 

NY. Entry into this regulated area is 

prohibited unless authorized by the 

Captain of the Port Long Island Sound, 

New Haven, CT. 

DATES: This interim rule is effective July 

23, 2009. Comments and related 

material must reach the Coast Guard on 

or before September 8, 2009. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0302 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this interim rule, 

call or e-mail: MSTC Christie Dixon, 

Prevention Department, USCG Sector 

Long Island Sound at 203–468–4459, 

christie.m.dixon@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2009–0302), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand delivery, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert ‘‘USCG– 

2009–0302’’ in the Docket ID box, press 

Enter, and then click on the balloon 

shape in the Actions column. If you 

submit your comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit comments by mail 

and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

the rule based on your comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert USCG– 

2009–0302 in the Docket ID box, press 

Enter, and then click on the item in the 

Docket ID column. You may also visit 

the Docket Management Facility in 

Room W12–140 on the ground floor of 

the Department of Transportation West 

Building, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. We have an 

agreement with the Department of 

Transportation to use the Docket 

Management Facility. 


sroberts on DSKD5P82C1PROD with RULES