[Federal Register Volume 69, Number 69 (Friday, April 9, 2004)]
[Proposed Rules]
[Pages 18845-18848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8055]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-66-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa ``PZL-
Bielsko'' (PZL-Bielsko) Model SZD-50-3 ``Puchacz'' sailplanes. This 
proposed AD would require you to inspect the

[[Page 18846]]

airbrake torque tube for cracks, distortion, and corrosion (herein 
referred to as damage). This proposed AD would also require you to 
replace or repair any damaged airbrake torque tube. This proposed AD is 
the result of mandatory continuing airworthiness information (MCAI) 
issued by the airworthiness authority for Poland. We are issuing this 
proposed AD to detect and correct damage on the airbrake torque tube, 
which could result in failure of the airbrake system. This failure 
could lead to loss of control of the sailplane.

DATES: We must receive any comments on this proposed AD by May 9, 2004.

ADDRESSES: Use one of the following to submit comments on this proposed 
AD:
     By mail: FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2003-CE-66-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106.
     By fax: (816) 329-3771.
     By e-mail: [email protected]. Comments sent 
electronically must contain ``Docket No. 2003-CE-66-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.
    You may get the service information identified in this proposed AD 
from Allstar PZL Glider Sp. z o.o., ul. Cieszy[nacute]ska 325, 43-300 
Bielsko-Biala.
    You may view the AD docket at FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2003-CE-66-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. Office hours are 8 a.m. 
to 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Greg Davison, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4130; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

    How do I comment on this proposed AD? We invite you to submit any 
written relevant data, views, or arguments regarding this proposal. 
Send your comments to an address listed under ADDRESSES. Include ``AD 
Docket No. 2003-CE-66-AD'' in the subject line of your comments. If you 
want us to acknowledge receipt of your mailed comments, send us a self-
addressed, stamped postcard with the docket number written on it. We 
will date-stamp your postcard and mail it back to you.
    Are there any specific portions of this proposed AD I should pay 
attention to? We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of this 
proposed AD. If you contact us through a nonwritten communication and 
that contact relates to a substantive part of this proposed AD, we will 
summarize the contact and place the summary in the docket. We will 
consider all comments received by the closing date and may amend this 
proposed AD in light of those comments and contacts.

Discussion

    What events have caused this proposed AD? The General Inspectorate 
of Civil Aviation (GICA), which is the airworthiness authority for 
Poland, recently notified FAA that an unsafe condition may exist on all 
PZL-Bielsko Model SZD-50-3 ``Puchacz'' sailplanes. The GICA reports 
several instances of the airbrake torque tube breaking and separating 
from the fuselage during flight, which makes it impossible to retract 
the airbrake.
    An investigation revealed damage at the welded joint between the 
airbrake torque tube and the fuselage. The damage was caused by 
material fatigue due to frequent striking load that exceeds the 
recommended allowances and/or corrosion.
    What are the consequences if the condition is not corrected? This 
condition, if not detected and corrected, could cause the airbrake 
system to fail. Failure of the airbrake system could result in loss of 
control of the sailplane.
    Is there service information that applies to this subject? Allstar 
PZL Glider Sp. Z o.o. has issued Mandatory Bulletin No. BE-052/SZD-50-
3/2003 ``Puchacz'', dated July 22, 2003.
    What are the provisions of this service information? The service 
bulletin includes procedures for:

--Inspecting the airbrake torque tube for crack, distortion, and 
corrosion (damage); and
--Replacing or repairing any damaged airbrake torque tube.

    What action did the GICA take? The GICA classified this service 
bulletin as mandatory and issued Republic of Poland AD Number SP-0052-
2003-A, dated July 22, 2003, to ensure the continued airworthiness of 
these sailplanes in Poland.
    Did the GICA inform the United States under the bilateral 
airworthiness agreement? These PZL-Bielsko Model SZD-50-3 ``Puchacz'' 
sailplanes are manufactured in Poland and are 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.
    Under this bilateral airworthiness agreement, the GICA has kept us 
informed of the situation described above.

FAA's Determination and Requirements of This Proposed AD

    What has FAA decided? We have examined the GICA's findings, 
reviewed all available information, and determined that AD action is 
necessary for products of this type design that are certificated for 
operation in the United States.
    Since the unsafe condition described previously is likely to exist 
or develop on other PZL-Bielsko Model SZD-50-3 ``Puchacz'' sailplanes 
of the same type design that are registered in the United States, we 
are proposing AD action to detect and correct damage in the airbrake 
torque tube, which could result in failure of the airbrake system. This 
failure could lead to loss of control of the sailplane.
    What would this proposed AD require? This proposed AD would require 
you to incorporate the actions in the previously-referenced service 
bulletin.
    How does the revision to 14 CFR part 39 affect this proposed AD? On 
July 10, 2002, we published a new version of 14 CFR part 39 (67 FR 
47997, July 22, 2002), which governs FAA's AD system. This regulation 
now includes material that relates to altered products, special flight 
permits, and alternative methods of compliance. This material 
previously was included in each individual AD. Since this material is 
included in 14 CFR part 39, we will not include it in future AD 
actions.

Costs of Compliance

    How many sailplanes would this proposed AD impact? We estimate that 
this proposed AD affects 8 sailplanes in the U.S. registry.
    What would be the cost impact of this proposed AD on owners/
operators of the affected sailplanes? We estimate the following costs 
to accomplish this proposed inspection:

[[Page 18847]]



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                                                                                  Total cost per   Total cost on
                  Labor cost                               Parts cost                sailplane    U.S. operators
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5 workhours x $65 per hour = $325.............  Not applicable..................            $325          $2,600
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    We estimate the following costs to accomplish any necessary 
replacements that would be required based on the results of this 
proposed inspection. We have no way of determining the number of 
sailplanes that may need this replacement:

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                 Labor cost                    Parts cost                  Total cost per sailplane
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5 workhours x $65 per hour = $325..........            $294  $325 + $294 = $619.
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Regulatory Findings

    Would this proposed AD impact various entities? We have 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.
    Would this proposed AD involve a significant rule or regulatory 
action? For the reasons discussed above, I certify that this proposed 
AD:
    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 summary of the costs to comply with this proposed AD 
and placed it in the AD Docket. You may get a copy of this summary by 
sending a request to us at the address listed under ADDRESSES. Include 
``AD Docket No. 2003-CE-66-AD'' in your request.

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 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. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

/Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa ``PZL-
Bielsko'': Docket No. 2003-CE-66-AD

When Is the Last Date I Can Submit Comments on This Proposed AD?

    (a) We must receive comments on this proposed airworthiness 
directive (AD) by May 9, 2004.

What Other ADs Are Affected by This Action?

    (b) None.

What Sailplanes Are Affected by This AD?

    (c) This AD affects Model SZD-50-3 ``Puchacz'' sailplanes, all 
serial numbers, that are certificated in any category.

What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for Poland. 
We are issuing this proposed AD to detect and correct cracks in the 
airbrake torque tube, which could result in failure of the airbrake 
system. This failure could lead to loss of control of the sailplane.

What Must I Do To Address This Problem?

    (e) To address this problem, you must do the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
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(1) Using a fluorescent dye-  Within the next 25    Follow Allstar PZL
 penetrant or dye-check        hours time-in-        Glider Sp. Z o.o.
 method, inspect the           service (TIS) after   Mandatory Bulletin
 airbrake torque tube for      the effective date    No. BE-052/SZD-50-3/
 cracks and corrosion pits.    of this AD.           2003 ``Puchacz'',
 Visually inspect for          Repetitively          dated July 22,
 permanent distortions and     inspect thereafter    2003.
 surface corrosion (damage).   at intervals not to
                               exceed 12 calendar
                               months or 100 hours
                               TIS, whichever
                               occurs later.
(2) Based on the results of   Prior to further      Follow Allstar PZL
 the inspection:               flight after the      Glider Sp. Z o.o.
(a) Repair the airbrake        inspection in which   Mandatory Bulletin
 torque tube if slight,        the damage is         No. BE-052/SZD-50-3/
 uniform corrosive deposits    found. Continue       2003 ``Puchacz'',
 are found during the          with the repetitive   dated July 22,
 inspection required in        inspections           2003.
 paragraph (e)(1) of this AD   required in
 by removing the corrosive     paragraph (e)(1) of
 deposits with a fine          this AD after each
 abrasive paper; and.          repair or
(b) Replace the airbrake       replacement is made.
 torque tube if any other
 damage is found during the
 inspection required in
 paragraph (e)(1) of this
 AD..
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May I Request an Alternative Method of Compliance?

    (f) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.19. Unless FAA authorizes otherwise, send your request to 
your principal inspector. The principal inspector may add comments 
and will send your request to the Manager, Standards Office, Small 
Airplane Directorate, FAA. For information on any already approved 
alternative methods of compliance, contact Greg Davison, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, 
Kansas City, Missouri 64106; telephone: (816) 329-4130; facsimile: 
(816) 329-4090.

[[Page 18848]]

May I Get Copies of the Documents Referenced in This AD?

    (g) You may get copies of the documents referenced in this AD 
from Allstar PZL Glider Sp. z o.o., ul. Cieszynska, 43-300 Bielsko-
Biala. You may view these documents at FAA, Central Region, Office 
of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 
64106.

Is There Other Information That Relates to This Subject?

    (h) Republic of Poland AD Number SP-0052-2003-A, dated July 22, 
2003.

    Issued in Kansas City, Missouri, on April 2, 2004.
Dorenda D. Baker,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 04-8055 Filed 4-8-04; 8:45 am]
BILLING CODE 4910-13-P