
[Federal Register: May 1, 2008 (Volume 73, Number 85)]
[Rules and Regulations]               
[Page 23942-23944]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01my08-2]                         


[[Page 23942]]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0216; Directorate Identifier 2008-CE-004-AD; 
Amendment 39-15489; AD 2008-09-08]
RIN 2120-AA64

 
Airworthiness Directives; Przedsiebiorstwo Doswiadczalno-
Produkcyjne Szybownictwa ``PZL-Bielsko'' Model SZD-50-3 ``Puchacz'' 
Gliders

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:

    On the pre-flight check of a SZD-50-3 glider, the Right Hand 
(RH) wing airbrake was found impossible to retract. Investigation 
revealed that the occurrence was caused by a loose bolt of the ``V'' 
shape airbrake bellcrank, named hereafter intermediate control 
lever. The Left Hand (LH) wing lever also presented, to a lesser 
extent, a loose bolt.

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective June 5, 2008.
    As of February 1, 2008 (73 FR 3623), the Director of the Federal 
Register approved the incorporation by reference of Allstar PZL Glider 
Sp. z o. o. Service Bulletin No. BE-059/SZD-50-3/2007 ``PUCHACZ,'' 
dated October 15, 2007, 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: Greg Davison, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4130; 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 February 26, 2008 
(73 FR 10188), and proposed to supersede AD 2008-02-09, Amendment 39-
15339 (73 FR 3623, January 22, 2008).
    AD 2008-02-09 was issued as an interim action in order to address 
the need for the immediate inspection for loose attachment bolts in the 
left-hand and right-hand wing airbrake intermediate control lever 
requirement and replacement if loose attachment bolts were found.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, issued Emergency 
AD No. 2007-0275-E, dated October 24, 2007 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products.
    The EASA AD allows for repetitive inspections at intervals not to 
exceed 100 hours time-in-service or 12 months, whichever occurs first 
after the initial inspection if no loose bolts are found. The EASA AD 
also requires replacing the split helical spring lock washers with tab 
washers and the M8x34 bolts with M8x32 bolts on both wings at the next 
1,000-hour inspection after the effective date of the 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 were analyzed separately for justification to bypass prior 
public notice.
    We are issuing this AD to address the repetitive inspections and 
mandatory parts replacement issues.

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 about 6 products of U.S. 
registry. We also estimate that it will take about 1 work-hour per 
product to comply with the basic requirements of this AD. The average 
labor rate is $80 per work-hour.
    Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $480, or $80 per product.
    In addition, we estimate that any necessary follow-on actions will 
take about 12 work-hours and require parts costing $40, for a cost of 
$1,000 per product.

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;

[[Page 23943]]

    (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

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-15339 (73 FR 
3623, January 22, 2008), and adding the following new AD:

2008-09-08 Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa 
``PZL-Bielsko'': Amendment 39-15489; Docket No. FAA-2008-0216; 
Directorate Identifier 2008-CE-004-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 5, 
2008.

Affected ADs

    (b) This AD supersedes AD 2008-02-09, Amendment 39-15339.

Applicability

    (c) This AD applies to Model SZD-50-3 ``Puchacz'' gliders, all 
serial numbers up to and including B-2207, 503199327, 503A04001, 
503A05002, and 503A05003, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 27: Flight 
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    On the pre-flight check of a SZD-50-3 glider, the Right Hand 
(RH) wing airbrake was found impossible to retract. Investigation 
revealed that the occurrence was caused by a loose bolt of the ``V'' 
shape airbrake bellcrank, named hereafter intermediate control 
lever. The Left Hand (LH) wing lever also presented, to a lesser 
extent, a loose bolt.
    This AD requires inspection of the LH and RH wing airbrake 
intermediate control levers for loose attaching bolts and subsequent 
repetitive inspections and corrective actions, as necessary. As a 
terminating action, replacement of the bolts and their associated 
washers is required.
    These actions are intended to address the identified unsafe 
condition so as to prevent loss of the airbrake control system which 
could result in an inadvertent forced landing with consequent 
sailplane damage and/or passenger injury.

Requirements Retained From AD 2008-02-09

    (f) Do the following unless already done:
    (1) Inspect the left-hand (LH) and the right-hand (RH) wing 
airbrake intermediate control levers for loose attaching bolts 
within 10 days after February 1, 2008 (the effective date of AD 
2008-02-09), following Allstar PZL Glider Sp. z o. o. Service 
Bulletin No. BE-059/SZD-50-3/2007 ``PUCHACZ,'' dated October 15, 
2007.
    (2) If any loose bolt is found during the inspection required in 
paragraph (f)(1) of this AD, replace the split helical spring lock 
washers with tab washers and replace the M8x34 bolts with M8x32 
bolts on both wings before further flight following Allstar PZL 
Glider Sp. z o. o. Service Bulletin No. BE-059/SZD-50-3/2007 
``PUCHACZ,'' dated October 15, 2007. After doing this replacement, 
no further action is required by this AD.

New Requirements of This AD: Actions and Compliance

    (g) Do the following unless already done:
    (1) If a loose bolt is not found during the initial inspection 
required in paragraph (f)(1) of this AD, repetitively inspect 
thereafter at intervals not to exceed 100 hours time-in-service 
(TIS) or 12 months, whichever occurs first, until you are required 
to do the replacement specified in paragraph (g)(2) or (g)(3) of 
this AD. Do the inspections following Allstar PZL Glider Sp. z o. o. 
Service Bulletin No. BE-059/SZD-50-3/2007 ``PUCHACZ,'' dated October 
15, 2007.
    (2) If any loose bolt is found during any inspection required in 
paragraph (g)(1) of this AD, replace the split helical spring lock 
washers with tab washers and replace the M8x34 bolts with M8x32 
bolts on both wings before further flight following Allstar PZL 
Glider Sp. z o. o. Service Bulletin No. BE-059/SZD-50-3/2007 
``PUCHACZ,'' dated October 15, 2007. After doing this replacement, 
no further action is required by this AD.
    (3) Replace the split helical spring lock washers with tab 
washers and replace the M8x34 bolts with M8x32 bolts on both wings 
within the next 1,000 hours TIS after June 5, 2008 (the effective 
date of this AD), following Allstar PZL Glider Sp. z o. o. Service 
Bulletin No. BE-059/SZD-50-3/2007 ``PUCHACZ,'' dated October 15, 
2007. After doing this replacement, no further action is required by 
this AD.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (h) 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: Greg Davison, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4130; fax: (816) 329-409. 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

    (i) Refer to MCAI European Aviation Safety Agency (EASA) 
Emergency AD No. 2007-0275-E, dated October 24, 2007; and Allstar 
PZL Glider Sp. z o. o. Service Bulletin No. BE-059/SZD-50-3/2007 
``PUCHACZ,'' dated October 15, 2007, for related information.

Material Incorporated by Reference

    (j) You must use Allstar PZL Glider Sp. z o. o. Service Bulletin 
No. BE-059/SZD-50-3/2007 ``PUCHACZ,'' dated October 15, 2007, to do 
the actions required by this AD, unless the AD specifies otherwise.
    (1) On February 1, 2008 (73 FR 3623), the Director of the 
Federal Register previously approved the incorporation by reference 
of Allstar PZL Glider Sp. z o. o. Service Bulletin No. BE-059/SZD-
50-3/2007 ``PUCHACZ,'' dated October 15, 2007.

[[Page 23944]]

    (2) For service information identified in this AD, contact 
ALLSTAR PZL GLIDER Sp. z o.o., ul. Cieszynska 325, 453-300 Bielsko-
Biala.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 
64106; 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 Kansas City, Missouri, on April 18, 2008.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-9578 Filed 4-30-08; 8:45 am]

BILLING CODE 4910-13-P
