[Federal Register Volume 67, Number 159 (Friday, August 16, 2002)]
[Rules and Regulations]
[Pages 53475-53478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20400]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-CE-30-AD; Amendment 39-12856; AD 2002-16-17]
RIN 2120-AA64


Airworthiness Directives; Barry Aviation, LLC Model PZL-Krosno 
KR-03A ``Peregrine'' (Puchatek) Sailplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain Barry Aviation, LLC

[[Page 53476]]

Model PZL-Krosno KR-03A ``Peregrine'' (Puchatek) sailplanes. This AD 
requires you to inspect to ensure that the correct horizontal 
stabilizer attachment fittings are installed, install the correct 
fittings if necessary, and incorporate a ``NO LIFT'' placard to the 
vertical stabilizer. This AD is the result of reports of cracks in the 
horizontal stabilizer attachment fittings on the affected sailplanes. 
Analysis of these incidents reveals that incorrect fittings were 
installed. The actions specified by this AD are intended to prevent 
such cracks in the horizontal stabilizer attachment fittings, which 
could result in the horizontal stabilizer separating from the sailplane 
with consequent loss of control of the sailplane.

DATES: This AD becomes effective on August 30, 2002.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulation as of August 
30, 2002.
    The Federal Aviation Administration (FAA) must receive any comments 
on this rule on or before September 27, 2002.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2002-CE-30-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: [email protected]. 
Comments sent electronically must contain ``Docket No. 2002-CE-30-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 the service information referenced in this AD from 
Barry Aviation, LLC, 11600 Aviation Boulevard, suite 16, West Palm 
Beach, Florida 33412. You may view this information at FAA, Central 
Region, Office of the Regional Counsel, Attention: Rules Docket No. 
2002-CE-30-AD, 901 Locust, Room 506, Kansas City, Missouri 64106; or at 
the Office of the Federal Register, 800 North Capitol Street, NW, suite 
700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: William O. Herderich, Aerospace 
Engineer, FAA, Atlanta Aircraft Certification Office, 1895 Phoenix 
Boulevard, suite 450, Atlanta, Georgia 30349; telephone: (770) 703-
6082; facsimile: (770) 703-6097; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

What Events Have Caused This AD?

    The FAA has received several reports of cracked horizontal 
stabilizer attachment fittings on certain Barry Aviation, LLC Model 
PZL-Krosno KR-03A ``Peregrine'' (Puchatek) sailplanes. Polish 
manufacturer PZL-Krosno previously held the type certificate for these 
sailplanes.
    Metallurgical analysis of one fitting indicated fatigue as the 
cause of the incidents. In 1993, PZL-Krosno issued a design note to 
specify the installation of horizontal stabilizer attachment fittings 
that had a flange of 3 millimeters (mm) thick instead of 1.5 mm thick.
    All reports of cracked horizontal stabilizer attachment fittings 
incorporated horizontal stabilizer attachment fittings with a flange of 
1.5 mm thick.

What Are the Consequences if the Condition Is Not Corrected?

    Cracked horizontal stabilizer attachment fittings, if not 
prevented, could result in the horizontal stabilizer separating from 
the sailplane with consequent loss of control of the sailplane.

Is There Service Information That Applies to This Subject?

    The following service information relates to this subject:

--Barry Aviation ``Krosno KR-03A Glider'' Service Bulletin No. 1-02, 
dated June 10, 2002: This document includes procedures for inspecting 
the stabilizer attachment fittings to ensure that the increased 
thickness flange fittings are installed and specifies replacement if 
necessary; and
--WSK ``PZL-Krosno'' Service Bulletin No. BE-29/KR-03A/93, dated 
November 16, 1993: This document includes procedures for replacing the 
stabilizer attachment fittings with fittings that have increased 
thickness flanges and incorporating a ``NO LIFT'' placard to the 
vertical stabilizer.

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

What Has FAA Decided?

    The FAA has 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 Barry Aviation, LLC Model PZL-Krosno KR-03A 
``Peregrine'' (Puchatek) sailplanes of the same type design;
--The actions specified in the previously-referenced service 
information (as specified in this AD) should be accomplished on the 
affected sailplanes; and
--AD action should be taken in order to correct this unsafe condition.

What Does This AD Require?

    This AD requires you to inspect to ensure that the correct 
horizontal stabilizer attachment fittings are installed, install the 
correct fittings if necessary, and incorporate a ``NO LIFT'' placard to 
the vertical stabilizer.

Will I Have the Opportunity To Comment Prior to the Issuance of the 
Rule?

    Because the unsafe condition described in this document could 
result in the horizontal stabilizer separating from the sailplane with 
consequent loss of control of the sailplane, we find that notice and 
opportunity for public prior comment are impracticable. Therefore, good 
cause exists for making this amendment effective in less than 30 days.

Comments Invited

How Do I Comment on This AD?

    Although this action is in the form of a final rule and was not 
preceded by notice and opportunity for public comment, FAA invites your 
comments on the 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 specified above. We may amend this rule in light of 
comments received. Factual information that supports your ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether we need to take additional rulemaking 
action.

Are There Any Specific Portions of the AD I Should Pay Attention to?

    We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. You may view all comments we receive 
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 FAA contact 
with the public that concerns the substantive parts of this AD.

[[Page 53477]]

How Can I Be Sure FAA Receives My Comment?

    If you want us to acknowledge the receipt of your written comments, 
you must include a self-addressed, stamped postcard. On the postcard, 
write ``Comments to Docket No. 2002-CE-30-AD.'' We will date stamp and 
mail the postcard back to you.

Regulatory Impact

Does This AD Impact Various Entities?

    These regulations 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, FAA has determined that this 
final rule does not have federalism implications under Executive Order 
13132.

Does This AD Involve a Significant Rule or Regulatory Action?

    We have determined that this regulation is an emergency regulation 
that must be issued immediately to correct an unsafe condition in 
aircraft, and is not a significant regulatory action under Executive 
Order 12866. It has been determined further that this action involves 
an emergency regulation under DOT Regulatory Policies and Procedures 
(44 FR 11034, February 26, 1979). If it is determined that this 
emergency regulation otherwise would be significant under DOT 
Regulatory Policies and Procedures, a final regulatory evaluation will 
be prepared and placed in the Rules Docket (otherwise, an evaluation is 
not required). A copy of it, if filed, may be obtained from the Rules 
Docket.

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 Federal Aviation Administration amends 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:

2002-16-17  Barry Aviation, LLC: Amendment 39-12856; Docket No. 
2002-CE-30-AD.

    (a) What sailplanes are affected by this AD? This AD applies to 
Model PZL-Krosno KR-03A ``Peregrine'' (Puchatek) sailplanes, serial 
numbers 03-01 through 03-24 and 04-01 through 04-20, that are 
certificated in any category.

    Note 1: PZL-Krosno previously held the type certificate for 
these sailplanes.

    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the sailplanes 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 cracking in the horizontal 
stabilizer attachment fittings, which could result in the horizontal 
stabilizer separating from the sailplane with consequent loss of 
control of the sailplane.
    (d) What must I do to address this problem? To address this 
problem, you must accomplish the following actions:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Inspect the horizontal    Inspect within 10     Inspect in
 stabilizer attachment         hours time-in-        accordance with
 fittings to ensure that the   service (TIS) after   Barry Aviation
 correct fittings are          August 30, 2002       ``KROSNO KR-03A
 installed:.                   (the effective date   Glider'' Service
(i) If part number (P/N) NS-   of this AD).          Bulletin No. 1-02,
 03/08/93-01L/P attachment     Replace prior to      dated June 10,
 fittings (or FAA-approved     further flight        2002. Replace in
 equivalent part numbers)      after the             accordance with WSK
 are installed, no further     inspection.           ``PZL-KROSNO''
 action is required by this                          Service Bulletin
 paragraph..                                         No. BE-29/KR-03A/
(ii) If the attachment                               93, dated November
 fittings are P/Ns other                             16, 1993.
 than NS-03/08/93-01L/P (or
 FAA-approved equivalent
 part numbers), replace the
 fittings with the P/N NS-03/
 08/93-01L/P attachment
 fittings (or FAA-approved
 equivalent part numbers)..
------------------------------------------------------------------------
(2) Incorporate a ``NO        Within 10 hours TIS   Use paint or a
 LIFT'' placard to the         after August 30,      permanent placard
 vertical stabilizer.          2002 (the effective   and add the words
                               date of this AD).     ``NO LIFT'' to both
                                                     sides of the
                                                     vertical stabilizer
                                                     near the top and
                                                     leading edge. Use
                                                     letters that are at
                                                     least .5 inch and a
                                                     color that
                                                     contrasts with the
                                                     color of the
                                                     airplane, e.g., use
                                                     red on a blue
                                                     airplane.
------------------------------------------------------------------------

    (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, Atlanta Aircraft Certification Office (ACO), 
approves your alternative. Submit your request through an FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, Atlanta ACO.

    Note 2: This AD applies to each sailplane 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 sailplanes 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 William O. Herderich, 
Aerospace Engineer, FAA, Atlanta Aircraft Certification Office, 1895 
Phoenix Boulevard, suite 450, Atlanta, Georgia 30349; telephone: 
(770) 703-6082; facsimile: (770) 703-6097; e-mail: 
[email protected].
    (g) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance 
with WSK ``PZL-KROSNO'' Service Bulletin No. BE-29/KR-03A/93, dated 
November 16, 1993; and Barry Aviation ``KROSNO KR-03A

[[Page 53478]]

Glider'' Service Bulletin No. 1-02, dated June 10, 2002. The 
Director of the Federal Register approved this incorporation by 
reference under 5 U.S.C. 552(a) and 1 CFR part 51. You may get 
copies from Barry Aviation, LLC, 11600 Aviation Boulevard, suite 16, 
West Palm Beach, Florida 33412. You may view this information at 
FAA, Central Region, Office of the Regional Counsel, 901 Locust, 
Room 506, Kansas City, Missouri, or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
    (h) When does this amendment become effective? This amendment 
becomes effective on August 30, 2002.


    Issued in Kansas City, Missouri, on August 6, 2002.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 02-20400 Filed 8-15-02; 8:45 am]
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