[Federal Register Volume 69, Number 170 (Thursday, September 2, 2004)]
[Proposed Rules]
[Pages 53655-53658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20017]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 69, No. 170 / Thursday, September 2, 2004 / 
Proposed Rules  

[[Page 53655]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-18034; Directorate Identifier 2004-CE-18-AD]
RIN 2120-AA64


Airworthiness Directives; Leteck[eacute] Z[aacute]vody Model L 23 
Super-Blanik Sailplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Leteck[eacute] Z[aacute]vody Model L 23 Super-Blanik 
sailplanes. This proposed AD would require you to do a repetitive, non-
destructive magnetic test (NDMT) inspection on the elevator rocker 
lever (part number A 730 201 N) for cracks. If cracks are found, this 
proposed AD would also require you to return the part to the 
manufacturer. The manufacturer will send you a replacement part for 
installation. Installing the improved replacement part would terminate 
the need for the repetitive inspections. This proposed AD is the result 
of mandatory continuing airworthiness information (MCAI) issued by the 
airworthiness authority for the Czech Republic. We are issuing this 
proposed AD to prevent failure of the elevator rocker lever caused by 
cracks that resulted from a defect in prior manufacturing procedures. 
Such failure could lead to loss of control of the sailplane.

DATES: We must receive any comments on this proposed AD by October 4, 
2004.

ADDRESSES: Use one of the following to submit comments on this proposed 
AD:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    You may get the service information identified in this proposed AD 
from Leteck[eacute] Z[aacute]vody a.s., 686 04 Kunovice 1177, Czech 
Republic.
    You may view the comments to this proposed AD in the AD docket on 
the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Gregory A. 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 the 
docket number, ``FAA-2004-18034; Directorate Identifier 2004-CE-18-AD'' 
at the beginning of your comments. We will post all comments we 
receive, without change, to http://dms.dot.gov, including any personal 
information you provide. We will also post a report summarizing each 
substantive verbal contact with FAA personnel concerning this proposed 
rulemaking. Using the search function of our docket Web site, anyone 
can find and read the comments received into any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
This is docket number FAA-2004-18034. You may review the DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477-78) or you may visit http://dms.dot.gov.
    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.

Docket Information

    Where can I go to view the docket information? You may view the AD 
docket that contains the proposal, any comments received, and any final 
disposition in person at the DMS Docket Offices between 9 a.m. and 5 
p.m. (eastern standard time), Monday through Friday, except Federal 
holidays. The Docket Office (telephone (800) 647-5227) is located on 
the plaza level of the Department of Transportation NASSIF Building at 
the street address stated in ADDRESSES. You may also view the AD docket 
on the Internet at http://dms.dot.gov. The comments will be available 
in the AD docket shortly after the DMS receives them.

Discussion

    What events have caused this proposed AD? The Civil Aviation 
Authority (CAA), which is the airworthiness authority for the Czech 
Republic, recently notified FAA that an unsafe condition may exist on 
certain Leteck[eacute] Z[aacute]vody Model L 23 Super-Blanik 
sailplanes. The CAA reports that, during an accident investigation, 
cracks were found on the elevator rocker lever.
    The manufacturer has identified a problem with its quality control 
inspection procedures during the production of the original elevator 
rocker lever part prior to January 2004. Micro-cracks or voids were not 
detected when the parts left production and were installed on the 
affected sailplanes. These discrepancies may cause fatigue failure of 
the elevator rocker lever.
    In January 2004, the manufacturer changed its manufacturing process 
and is currently replacing any existing defective elevator rocker 
levers within the specified affected sailplanes.
    What is the potential impact if FAA took no action? If not detected 
and corrected, cracks in the elevator rocker lever could cause the 
lever to fail. Such

[[Page 53656]]

failure could result in loss of control of the sailplane.
    Is there service information that applies to this subject? 
Letechk[eacute] Z[aacute]vody has issued Mandatory Bulletin MB No.: 
L23/48a, not dated.
    What are the provisions of this service information? The service 
bulletin includes procedures for:

--Doing a non-destructive magnetic test inspection on the elevator 
rocker lever (part number A 730 201 N) for cracks; and
--Returning all cracked elevator rocker levers to the manufacturer to 
get a replacement part for installation.
    What action did the CAA take? The CAA classified this service 
bulletin as mandatory and issued Czech Republic AD Number CAA-AD-T-005/
2004, dated January 16, 2004, to ensure the continued airworthiness of 
these sailplanes in the Czech Republic.
    Did the CAA inform the United States under the bilateral 
airworthiness agreement? These Leteck[eacute] Z[aacute]vody Model L 23 
Super-Blanik sailplanes are manufactured in the Czech Republic 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 CAA 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 CAA'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 Leteck[eacute] Z[aacute]vody Model L 23 Super-
Blanik sailplanes of the same type design that are registered in the 
United States, we are proposing AD action to prevent failure of the 
elevator rocker lever caused by cracks. 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.
    What is the difference between this proposed AD and the CAA AD? The 
CAA AD requires doing the initial inspection prior to further flight 
after the effective date of the AD. We propose a requirement that you 
do the initial inspection within the next 25 hours time-in-service 
(TIS) after the effective date of this proposed AD.
    We do not have justification to require this action prior to 
further flight. We use compliance times such as this when we have 
identified an urgent safety of flight situation. We believe that 25 
hours TIS will give the owners or operators of the affected sailplanes 
enough time to have the proposed actions required by this AD done 
without compromising the safety of the sailplanes.
    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 103 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 the proposed inspections:

----------------------------------------------------------------------------------------------------------------
                                                                  Total cost per
           Labor cost                       Parts cost               sailplane     Total cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
2 workhours x $65 per hour =      Not applicable...............              $130  $130 x 103 = $13,390
 $130.
----------------------------------------------------------------------------------------------------------------

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

----------------------------------------------------------------------------------------------------------------
               Labor cost                            Parts cost                   Total cost per sailplane
----------------------------------------------------------------------------------------------------------------
2 workhours x $65 = $130................  Parts provided by the            $130 x 103 = $13,390
                                           manufacturer at no cost.
----------------------------------------------------------------------------------------------------------------

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. 2004-CE-18-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:

[[Page 53657]]

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):

Leteck[eacute] Z[aacute]vody: Docket No. FAA-2004-18034; Directorate 
Identifier 2004-CE-18-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 October 4, 2004.

What Other ADs Are Affected by This Action?

    (b) None.

What Sailplanes Are Affected by This AD?

    (c) This AD affects Model L 23 Super-Blanik sailplanes, all 
serial numbers up to and including 039019, 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 the 
Czech Republic. We are issuing this AD to prevent fatigue failure of 
the elevator rocker lever. 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
------------------------------------------------------------------------
(1) Do a non-destructive        Initially inspect       Follow the work
 magnetic test (NDMT)            within the next 25      procedures in
 inspection on the elevator      hours time-in-service   LETECK[Eacute]
 rocker lever (part number A     (TIS) after the         Z[Aacute]VODY
 730 201 A) for cracks and       effective date of       Mandatory
 deficiencies.                   this AD. If no cracks   Bulletin MB
                                 or deficiencies are     No.: L23/48a,
                                 found, reinstall and    not dated.
                                 respectively inspect
                                 thereafter at
                                 intervals not to
                                 exceed 100 hours TIS
                                 until the replacement
                                 in paragraph (e)(2)
                                 of this AD is done.
                                 The replacement in
                                 paragraph (e)(2) of
                                 this AD is done. The
                                 replacement in
                                 paragraph (e)(2) of
                                 this AD is the
                                 terminating action
                                 for the repetive
                                 inspection
                                 requirements in this
                                 AD.
(2) If cracks are found during  Return the cracked      Follow the work
 any inspection required in      elevator rocker lever   procedures in
 paragraph (e)(1) of this AD,    to the manufacturer     LETECK[Eacute]
 send the cracked part and a     and install the         Z[Aacute]VODY
 report of the inspection that   replacement part        Mandatory
 contains the information        prior to further        Bulletin MB
 about the position and size     flight after the        No.: L23/48a,
 of cracks, the serial number    inspection in which     not dated.
 of the sailplane, and the       cracks are found.
 total number of hours TIS       Prior to installing
 since new to LETECK[Eacute]     the new part, place a
 Z[Aacute]VODY at the address    permanent (paint)
 specified in paragraph (g) of   blue dot
 this AD.                        approximately 0.25
(i) The manufacturer will send   inches in diameter in
 you a replacement part for      an open location on
 installation..                  the elevator rocker
(ii) The Office of Management    lever. Installing the
 and Budget (OMB) approved the   replacement part
 information collection          received from the
 requirements contained in       manufacturer is the
 this regulation under the       terminating action
 provisions of the Paperwork     for the repetitive
 Reduction Act of 1980 (44       inspection
 U.S.C. 3501 et seq.) and        requirements in
 assigned OMB Control Number     paragraph (e)(1) of
 2120-0056..                     this AD.
(3) You may terminate the
 repetitive inspections
 required in paragraph (e)(1)
 of this AD by:
(i) Replacing the elevator
 rocker lever required in with
 one obtained from the
 manufacturer at the address
 specified in paragraph (g) of
 this AD; and.
(ii) Prior to installing the
 new part, place a permanent
 (paint) blue dot
 approximately 0.25 inches in
 diameter in an open location
 on the elevator rocker lever.
(4) If you have already         As of the effective     Not applicable.
 replaced the defective          date of this AD.
 elevator rocker lever with a
 manufacturer-approved lever
 that was produced in January
 2004 or later, following
 LETECK[Eacute] Z[Aacute]VODY
 Mandatory Bulletin MB No.:
 L23/48a, not dated, you may
 take credit for compliance
 with this AD by having an
 appropriately-rated mechanic
 do the following:
(i) Make a log book entry
 showing compliance with this
 AD; and
(ii) Place a permanent (paint)
 blue dot approximately 0.25
 inches in diameter in an open
 location on the newly
 installed elevator rocker
 lever.
------------------------------------------------------------------------

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 Gregory A. 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 Leteck[eacute] Z[aacute]vody a.s., 686 04 Kunovice 1177, Czech 
Republic. You may view the AD docket at the Docket Management 
Facility, U.S. Department of Transportation, 400 Seventh Street, 
SW., Nassif Building, Room PL-401, Washington, DC, or on the 
Internet at http://dms.dot.gov.

Is There Other Information That Relates to This Subject?

    (h) Czech Republic AD Number CAA-AD-T-005/2004, dated January 
16, 2004, also addresses the subject of this AD.


[[Page 53658]]


    Issued in Kansas City, Missouri, on August 25, 2004.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-20017 Filed 9-1-04; 8:45 am]
BILLING CODE 4910-13-P