[Federal Register Volume 69, Number 110 (Tuesday, June 8, 2004)]
[Rules and Regulations]
[Pages 31872-31874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12573]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-66-AD; Amendment 39-13656; AD 2004-11-10]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA adopts a new airworthiness directive (AD) for all 
Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa ``PZL-Bielsko'' 
(PZL-Bielsko) Model SZD-50-3 ``Puchacz'' sailplanes. This AD requires 
you to inspect the airbrake torque tube for cracks, distortion, and 
corrosion (herein referred to as damage). This AD also requires you to 
replace or repair any damaged airbrake torque tube. This AD is the 
result of mandatory continuing airworthiness information (MCAI) issued 
by the airworthiness authority for Poland. We are issuing this 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: This AD becomes effective on July 19, 2004.
    As of July 19, 2004, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in the 
regulation.

ADDRESSES: You may get the service information identified in this 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:

Discussion

    What events have caused this AD? The Civil Aviation Office (CAO), 
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 CAO 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 is the potential impact if FAA took no action? 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.
    Has FAA taken any action to this point? We issued a proposal to 
amend

[[Page 31873]]

part 39 of the Federal Aviation Regulations (14 CFR part 39) to include 
an AD that would apply to all PZL-Bielsko Model SZD-50-3 ``Puchacz'' 
sailplanes. This proposal was published in the Federal Register as a 
notice of proposed rulemaking (NPRM) on April 9, 2004 (69 FR 18845). 
The NPRM proposed to require you to inspect the airbrake torque tube 
for cracks, distortion, and corrosion (damage) and replace or repair 
any damaged airbrake torque tube.

Comments

    Was the public invited to comment? We provided the public the 
opportunity to participate in developing this AD. We received no 
comments on the proposal or on the determination of the cost to the 
public.

Conclusion

    What is FAA's final determination on this issue? We have carefully 
reviewed the available data and determined that air safety and the 
public interest require adopting the AD as proposed except for minor 
editorial corrections. We have determined that these minor corrections:
--Are consistent with the intent that was proposed in the NPRM for 
correcting the unsafe condition; and
--Do not add any additional burden upon the public than was already 
proposed in the NPRM.

Changes to 14 CFR Part 39--Effect on the AD

    How does the revision to 14 CFR part 39 affect this AD? On July 10, 
2002, the FAA published a new version of 14 CFR part 39 (67 FR 47997, 
July 22, 2002), which governs the 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 does this AD impact? We estimate that this AD 
affects 8 sailplanes in the U.S. registry.
    What is the cost impact of this AD on owners/operators of the 
affected sailplanes? We estimate the following costs to accomplish the 
inspection:

----------------------------------------------------------------------------------------------------------------
                                                                                       Total cost    Total cost
                   Labor cost                                 Parts cost                   per         on U.S.
                                                                                        sailplane     operators
----------------------------------------------------------------------------------------------------------------
5 workhours x $65 per hour = $325...............  Not applicable....................         $325        $2,600
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to accomplish any necessary 
replacements that will be required based on the results of the 
inspection. We have no way of determining the number of sailplanes that 
may need this replacement:

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

    Will this AD impact various entities? We have 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.
    Will this AD involve a significant rule or regulatory action? For 
the reasons discussed above, I certify that this 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 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
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

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. FAA amends Sec.  39.13 by adding a new AD to read as follows:

2004-11-10 Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa 
``PZL-Bielsko'': Amendment 39-13656; Docket No. 2003-CE-66-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on July 19, 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 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:

[[Page 31874]]



------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Using a flourescent 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      July 19, 2004 (the    No. BE-052/SZD-50-3/
 cracks and corrosion pits.    effective date of     2003 ``Puchacz'',
 Visually inspect for          this AD).             dated July 22,
 permanent distortions and     Repetitively          2003.
 surface corrosion (damage).   inspect thereafter
                               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: (a) Repair    flight after the      Glider Sp. Z o.o.
 the airbrake torque tube if   inspection in which   Mandatory Bulletin
 slight, uniform corrosive     the damage is         No. BE-052/SZD-50-3/
 deposits are found during     found. Continue       2003 ``Puchacz'',
 the inspection required in    with the repetitive   dated July 22,
 paragraph (e)(1) of this AD   inspections           2003.
 by removing the corrosive     required in
 deposits with a fine          paragraph (e)(1) of
 abrasive paper; and (b)       this AD after each
 Replace the airbrake torque   repair or
 tube if any other damage is   replacement is made.
 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.

Does This AD Incorporate Any Material by Reference?

    (g) You must do the actions required by this AD following the 
instructions in Allstar PZL Glider Sp. Z o.o. Mandatory Bulletin No. 
BE-052/SZD-50-3/2003 ``Puchacz'', dated July 22, 2003. The Director 
of the Federal Register approved the incorporation by reference of 
this service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. You may get a copy from Allstar PZL Glider Sp. z o.o., ul. 
Cieszy[nacute]ska 325, 43-300 Bielsko-Biala. You may review copies 
at 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/code_of_federal_regulations/ibr_locations.html.

Is There Other Information That Relates to This Subject?

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

    Issued in Kansas City, Missouri, on May 27, 2004.
Scott L. Sedgwick,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-12573 Filed 6-7-04; 8:45 am]
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