[Federal Register Volume 69, Number 77 (Wednesday, April 21, 2004)]
[Proposed Rules]
[Pages 21444-21447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9018]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-68-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 repetitively inspect the front and 
back of the fuselage front bulkhead attachment fitting for cracks and 
replace the attachment fitting if any cracks are found. 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 cracks in the fuselage front 
bulkhead attachment fitting, which could result in structural failure 
of the bulkhead. This failure could lead to loss of control of the 
sailplane.

DATES: We must receive any comments on this proposed AD by May 24, 
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-68-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-68-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 Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa PZL-
Bielsko, ul. Cieszynska 325, 43-300 Bielsko-Biala: telephone: +48 033 
812 50 21; facsimile: +48 033 812 37 39.
    You may view the AD docket at FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No.

[[Page 21445]]

2003-CE-68-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-68-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 
that cracks were detected in the front bracket console mounted on the 
fuselage front bulkhead.
    What are the consequences if the condition is not corrected? This 
condition, if not detected and corrected, could cause the fuselage 
front bulkhead to fail. Failure of the fuselage front bulkhead could 
result in loss of control of the sailplane.
    Is there service information that applies to this subject? 
Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa PZL-Bielsko 
(PDPS ``PZL-Bielsko'') has issued Mandatory Bulletin No. BE-048/SZD-50-
3/2000 ``Puchacz,'' dated June 6, 2000, and Mandatory Bulletin No. BE-
049/SZD-50-3/2000 ``Puchacz,'' dated September 14, 2000.
    What are the provisions of this service information? These service 
bulletins include procedures for:

--Repetitively inspecting the front and back of the fuselage front 
bulkhead attachment fitting for cracks; and
--Replacing the attachment fitting on the fuselage front bulkhead if 
any cracks are found.

    What action did the GICA take? The GICA classified these service 
bulletins as mandatory and issued Republic of Poland AD Number SP-0059-
2000-A, dated June 5, 2000, and AD Number SP-0094-2000-A, dated 
September 18, 2000, 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 section 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 cracks in the fuselage 
front bulkhead, which could result in structural failure of the 
bulkhead. This failure could lead to loss of control of the sailplane.
    Is there a modification I can incorporate instead of repetitively 
inspecting the front and back of the fuselage front bulkhead attachment 
fitting for cracks? The FAA has determined that long-term continued 
operational safety would be better assured by design changes that 
remove the source of the problem rather than by repetitive inspections 
or other special procedures. With this in mind, FAA will continue to 
work with PZL-Bielsko in performing further tests to determine the 
cause of the cracking and to provide a corrective action that would 
terminate the need for repetitive inspections.
    What would this proposed AD require? This proposed AD would require 
you to incorporate the actions in the previously-referenced service 
bulletins.
    What is the difference between this proposed AD and the service 
information? The manufacturer's service information allows continued 
flight if cracks are found in the fuselage front bulkhead attachment 
fitting that do not exceed certain limits. The applicable service 
bulletin specifies replacement of the fuselage front bulkhead 
attachment fitting only if cracks are found exceeding this limit. This 
proposed AD would not allow continued flight if any crack is found. FAA 
policy is to disallow airplane operation when known cracks exist in 
primary structure, unless the ability to sustain ultimate load with 
these cracks is proven. The fuselage front bulkhead is considered 
primary structure, and the FAA has not received any analysis to prove 
that ultimate load can be sustained with cracks in this area.
    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 21446]]



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                                                              Total cost per
             Labor cost                    Parts cost            sailplane       Total cost on U.S.  operators
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2 workhours x $65 per hour = $130    Not applicable                     $130   $130 x 8 = $1,040
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    We estimate the following costs to accomplish any necessary 
replacement 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 such a replacement:

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                   Labor cost                       Parts cost               Total cost per  sailplane
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10 workhours x $65 per hour = $650.............             $680   $650 + $680 = $1,330
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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-68-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-68-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 24, 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 
fuselage front bulkhead attachment fitting, which could result in 
structural failure of the bulkhead. 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
 penetrant or dye-check        hours time-in-        Przedsiebiorstwo
 method, inspect the front     service (TIS) after   Do[sacute]wiadczaln
 and back of the fuselage      the effective date    o-Produkcyjne
 front bulkhead attachment     of this AD.           Szybownictwa PZL-
 fitting for cracks.           Repetitively          Bielsko (PDPS ``PZL-
                               inspect thereafter    Bielsko'')
                               at intervals not to   Mandatory Bulletin
                               exceed 12 calendar    No. BE-048/SZD-50-3/
                               months.               2000 ``Puchacz'',
                                                     dated June 6, 2000.
-----------------------------
(2) If cracks are found       Prior to further      Follow
 during any inspection         flight after any      Przedsiebiorstwo
 required in paragraph         inspection required   Do[sacute]wiadczaln
 (e)(1) of this AD, replace    in paragraph (e)(1)   o-Produkcyjne
 the fuselage front bulkhead   of this AD in which   Szybownictwa PZL-
 attachment fitting.           cracks are found.     Bielsko (SZD ``PZL-
                                                     Bielsko'')
                                                     Mandatory Bulletin
                                                     No. BE-049/SZD-50-3/
                                                     2000 ``Puchacz'',
                                                     dated September 14,
                                                     2000.
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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.

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

    (g) You may get copies of the documents referenced in this AD 
from Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa PZL-
Bielsko, ul. Cieszynska 325, 43-300 Bielsko-Biala: telephone: +48 
033 812 50 21; facsimile: +48 033 812 37 39. You may view these 
documents at FAA, Central Region,

[[Page 21447]]

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-0059-2000-A, dated June 5, 
2000, and AD Number SP-0094-2000-A, dated September 18, 2000, also 
address the subject of this AD.

    Issued in Kansas City, Missouri, on April 15, 2004.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-9018 Filed 4-20-04; 8:45 am]
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