Airworthiness directives: MORAVAN a.s.,

[Federal Register: October 4, 2002 (Volume 67, Number 193)]

[Proposed Rules]

[Page 62215-62218]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr04oc02-14]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-CE-05-AD]

RIN 2120-AA64

Airworthiness Directives; MORAVAN a.s. Model Z-242L Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

SUMMARY: This document proposes to adopt a new airworthiness directive (AD) that would apply to all MORAVAN a.s. (Moravan) Model Z-242L airplanes. This proposed AD would establish a technical service life for these airplanes by restricting Acrobatic and Utility category operations and requiring replacement of the wings after a certain operational time period. This proposed AD is the result of mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for the Czech Republic. The actions specified by this proposed AD are intended to prevent structural failure of the wing due to fatigue cracking. Such failure could result in a wing separating from the airplane with consequent loss of airplane control.

DATES: The Federal Aviation Administration (FAA) must receive any comments on this proposed rule on or before November 8, 2002.

ADDRESSES: Submit comments to FAA, Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 2000-CE-05-AD, 901 Locust, Room 506, Kansas City, Missouri 64106. You may view any comments at this location between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. You may also send comments electronically to the following address: 9-ACE-7-Docket@faa.gov. Comments sent electronically must contain ``Docket No. 2000-CE-05-AD'' in the subject line. If you send comments electronically as attached electronic files, the files must be formatted in Microsoft Word 97 for Windows or ASCII text.

You may get service information that applies to this proposed AD from Moravan, Inc., 765 81 Otrokovice, Czech Republic; telephone: +420 67 767 3940; facsimile: +420 67 792 2103. You may also view this information at the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4059; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

How Do I Comment on This Proposed AD?

The FAA invites comments on this proposed rule. You may submit whatever written data, views, or arguments you choose. You need to include the rule's docket number and submit your comments to the address specified under the caption ADDRESSES. We will consider all comments received on or before the closing date. We may amend this proposed rule in light of comments received. Factual information that supports your ideas and suggestions is extremely helpful in evaluating the effectiveness of this proposed AD action and determining whether we need to take additional rulemaking action.

Are There Any Specific Portions of This Proposed AD I Should pay Attention to?

The FAA specifically invites comments on the overall regulatory, economic, environmental, and energy aspects of this proposed rule that might suggest a need to modify the rule. You may view all comments we receive

[[Page 62216]]

before and after the closing date of the rule in the Rules Docket. We will file a report in the Rules Docket that summarizes each contact we have with the public that concerns the substantive parts of this proposed AD.

How Can I be Sure FAA Receives my Comment?

If you want FAA to acknowledge the receipt of your mailed comments, you must include a self-addressed, stamped postcard. On the postcard, write ``Comments to Docket No. 2000-CE-05-AD.'' We will date stamp and mail the postcard back to you.

Discussion

What Events Have Caused This Proposed AD?

The Civil Aviation Authority Czech Republic (CAA CZ), which is the airworthiness authority for the Czech Republic, notified FAA that an unsafe condition may exist on all Moravan Model Z-242L airplanes. The CAA CZ reports that these airplanes are operated over the load spectrum that was used at certification. The CAA CZ further reports that a technical service life for these airplanes is needed.

The affected airplanes fall into two different groups:

--Group 1: those airplanes with a serial number in the range of 0001 through 0656 with the original wings installed; and

--Group 2: those airplanes with stronger wings installed either through modification (serial numbers 0001 through 0656) or at manufacture (all serial numbers beginning with 0657).

Based on analysis, the CAA CZ reports that the technical service life should be:

Acrobatic and utility category All operations operations

Group 1......................... 190 hours time-in- 3,500 hours TIS. service (TIS) New wings must be only in these installed prior categories.

to further Operation only in operation. the Normal category thereafter. Group 2......................... 450 hours TIS only 5,500 hours TIS. in these

New wings must be categories.

installed prior Operation only in to further the Normal

operation. category thereafter.

What Are the Consequences if the Condition Is not Corrected?

Fatigue cracks in the wing, if not detected and corrected or prevented, could result in structural failure of the wing. Such failure could result in a wing separating from the airplane with consequent loss of airplane control.

Is There Service Information That Applies to This Subject, and What Are the Provisions of This Service Information?

Moravan has issued the following: --Mandatory Service Bulletin Z 242L/27a--Rev. 1, dated October 31, 2000: This service bulletin includes procedures for installing strengthened wings on airplanes with a serial number in the range of 0001 through 0656; and --Mandatory Service Bulletin Z 242L/37a (Z 142C/17a), Rev. 1, and Mandatory Service Bulletin Z 242L/38a (Z 142C/18a), both dated October 31, 2000: These service bulletins include criteria for a new technical service life of the affected airplanes and specify operational limitations for Acrobatic and Utility category operations.

What Action Did the CAA Take?

The CAA classified these service bulletins as mandatory and issued Czech Republic AD Number CAA-AD-T-099/2000R1, dated June 28, 2001, in order to ensure the continued airworthiness of these airplanes in the Czech Republic.

Was This in Accordance With the Bilateral Airworthiness Agreement?

This airplane model is manufactured in the Czech Republic and is type certificated for operation in the United States under the provisions of Sec. 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement.

Pursuant to this bilateral airworthiness agreement, the CAA has kept FAA informed of the situation described above.

The FAA's Determination and an Explanation of the Provisions of this Proposed AD

What has FAA Decided?

The FAA has examined the findings of the CAA; reviewed all available information, including the service information referenced above; and determined that: --The unsafe condition referenced in this document exists or could develop on other Moravan Model Z-242L airplanes of the same type design that are on the U.S. registry; --The actions specified in the previously-referenced service information should be accomplished on the affected airplanes; and --AD action should be taken in order to correct this unsafe condition.

What Would This Proposed AD Require?

This proposed AD would establish a technical service life for these airplanes by restricting Acrobatic and Utility category operations and requiring replacement of the wings after a certain operational time period.

Cost Impact

How Many Airplanes Would This Proposed AD Impact?

We estimate that this proposed AD would affect 39 airplanes in the U.S. registry.

What Would Be the Cost Impact of This Proposed AD on Owners/Operators of the Affected Airplanes?

We estimate the following costs to replace the wings after the technical service life is reached:

Total cost on U.S. Labor cost

Parts cost

Total cost per airplane

operators

60 workhours x $60 per hour = $3,600. $17,400 per set of $21,000................ $819,000. wings.

[[Page 62217]]

We have no way of determining the monetary cost of the inconvenience of restricting flight to Normal category operations.

Regulatory Impact

Would This Proposed AD Impact Various Entities?

The regulations proposed herein 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. Therefore, it is determined that this proposed rule would not have federalism implications under Executive Order 13132.

Would This Proposed AD Involve a Significant Rule or Regulatory Action?

For the reasons discussed above, I certify that this proposed action (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) if promulgated, 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. A 5 copy of the draft regulatory evaluation prepared for this action has been placed in the Rules Docket. A copy of it may be obtained by contacting the Rules Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

Accordingly, under the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend part 39 of the Federal Aviation Regulations (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.

   Sec. 39.13 [Amended]

2. FAA amends Sec. 39.13 by adding a new airworthiness directive (AD) to read as follows:

   Moravan A.S.: Docket No. 2000-CE-05-AD

   (a) What airplanes are affected by this AD? This AD affects Model Z 242L airplanes, all serials numbers, that are certificated in any category.

   (b) Who must comply with this AD? Anyone who wishes to operate any of the airplanes identified in paragraph (a) of this AD must comply with this AD.

   (c) What problem does this AD address? The actions specified by this AD are intended to prevent structural failure of the wing due to fatigue cracking. Such failure could result in a wing separating from the airplane with consequent loss of airplane control.

   (d) What actions must I accomplish to address this problem? To address this problem, you must establish a technical service life and restrict Acrobatic and Utility category operations. This must be done by accomplishing the following, as applicable:

   Actions

   Compliance

   Procedures

   (1) If you have an airplane with a AFM incorporation: Upon the

   AFM incorporation: The owner/ serial number in the range of 0001 accumulation of 190 hours time-in- operator holding at least a private through 0656 that does not have service (TIS) in the Acrobatic

   pilot certificate as authorized by strengthened wings installed (both category and/or Utility category or section 43.7 of the Federal left and right wings) in accordance within the next 10 hours TIS in all Aviation Regulations (14 CFR 43.7) with Moravan Mandatory Service

   operations after the effective date may accomplish this AFM insertion Bulletin Z 242L/27a--Rev. 1, dated of this AD, whichever occurs later; of this AD. Make an entry into the October 31, 2000, accomplish the and

   aircraft records showing compliance following:

   Replacement: Upon the accumulation with these portions of the AD in (i) Insert the following information of 3,500 hours TIS in all

   accordance with section 43.9 of the into the Limitations Section of the operations or within the next 50 Federal Aviation Regulations (14 Airplane Flight Manual (AFM): ``Do hours TIS in all operations after CFR 43.9). This operational not operate in the Acrobatic or the effective date of this AD,

   restriction is referenced in Utility category. Operate in the whichever occurs later.

   Moravan Mandatory Service Bulletin Normal category only.''

   Z 242L/37a (Z 142C/17a), Rev. 1, (ii) Replace both wings with the

   dated October 31, 2000. following part numbers:

   Replacement: In accordance with (A) L 242.2100 left-hand wing; and

   Moravan Mandatory Service Bulletin (B) L 242.2200 right-hand wing.

   Z 242L/27a--Rev. 1, dated October 31, 2000.

   (2) If you have an airplane with a AFM incorporation: Upon the

   AFM incorporation: The owner/ serial number of 0657 or higher or accumulation of 450 hours TIS in operator holding at least a private one in the range of 0001 through the Acrobatic category and/or

   pilot certificate as authorized by 0656 that has strengthened wings Utility category or within the next section 43.7 of the Federal (both left and right) installed in 10 hours TIS in all operations

   Aviation Regulations (14 CFR 43.7) accordance with Moravan Mandatory after the effective date of this may accomplish this AFM insertion Service Bulletin Z 242L/27a--Rev. AD, whichever occurs later; and of this AD. Make an entry into the 1, dated October 31, 2000,

   Replacement: Upon the accumulation aircraft records showing compliance accomplish the following:

   of 5,500 hours TIS in all

   with these portions of the AD in (i) Insert the following information operations or within the next 50 accordance with section 43.9 of the into the Limitations Section of the hours TIS in all operations after Federal Aviation Regulations (14 Airplane Flight Manual (AFM): ``Do the effective date of this AD,

   CFR 43.9). This operational not operate the Acrobatic or

   whichever occurs later. You must restriction is referenced in Utility category. Operate in the maintain the AFM requirement until Moravan Mandatory Service Bulletin Normal category only.''

   replacement of the wings.

   Z 242L/38a (Z 142C/18a), Rev. 1, (ii) Replace both wings with the

   dated October 31, 2000. following part numbers:

   Replacement: In accordance with (A) L 242.2100 left-hand wing; and

   Moravan Mandatory Service Bulletin (B) L 242.2200 right-hand wing.

   Z 242L/27a--Rev. 1, dated October 31, 2000.

   (3) Only install a wing with a part As of the effective date of this AD. Not Applicable. number of L 242.2100 left-hand wing or L 242.2200 right-hand wing.

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   (4) When you install new wings (both AFM incorporation: Upon the

   See paragraph (d)(2) of this AD. left and right) on your airplane, accumulation of 450 hours TIS in the AFM and replacement

   the Acrobatic category and/or requirements of paragraph (d)(2) of Utility category; and this AD apply.

   Replacement: Upon the accumulation of 5,500 hours TIS in all operations.

   (e) Can I comply with this AD in any other way? You may use an alternative method of compliance or adjust the compliance time if:

   (1) Your alternative method of compliance provides an equivalent level of safety; and

   (2) The Manager, Small Airplane Directorate, approves your alternative. Submit your request through an FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, Small Airplane Directorate.

   Note 1: This AD applies to each airplane identified in paragraph (a) of this AD, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For airplanes that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/ operator must request approval for an alternative method of compliance in accordance with paragraph (e) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if you have not eliminated the unsafe condition, specific actions you propose to address it.

   (f) Where can I get information about any already-approved alternative methods of compliance? Contact Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4059; facsimile: (816) 329-4090.

   (g) What if I need to fly the airplane to another location to comply with this AD? The FAA can issue a special flight permit under sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate your airplane to a location where you can accomplish the requirements of this AD.

   (h) How do I get copies of the documents referenced in this AD? You may get copies of the documents referenced in this AD from Moravan, Inc., 765 81 Otrokovice, Czech Republic; telephone: +420 67 767 3940; facsimile: +420 67 792 2103. You may view these documents at FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106.

   Note 2: The subject of this AD is addressed in Czech Republic AD Number CAA-AD-T-099/2000R1, dated June 28, 2001.

   Issued in Kansas City, Missouri, on September 26, 2002. James E. Jackson, Acting Manager, Small Airplane Directorate, Aircraft Certification Service.

   [FR Doc. 02-25208Filed10-3-02; 8:45 am]

   BILLING CODE 4910-13-P