[Federal Register Volume 70, Number 80 (Wednesday, April 27, 2005)]
[Proposed Rules]
[Pages 21691-21694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8406]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20802; Directorate Identifier 2005-CE-18-AD]
RIN 2120-AA64


Airworthiness Directives; PZL-Swidnik S.A. Models PW-5 ``Smyk'' 
and PW-6U Gliders

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 PZL-Swidnik S.A. (PZL-Swidnik) Models PW-5 ``Smyk'' and PW-
6U gliders. This proposed AD would require you to inspect for the 
minimum dimension of the left side aileron, right side aileron, and 
airbrake push-rod ends for certain Model PW-5 ``Smyk'' gliders; inspect 
for the minimum dimension of the aileron, airbrake, and elevator 
control push-rod ends for certain Model PW-6U gliders; and replace any 
push-rod end that does not meet the minimum dimension. This proposed AD 
results from mandatory continuing airworthiness information (MCAI) 
issued by the airworthiness authority for Poland. We are issuing this 
proposed AD to detect and replace any push-rod end that does not meet 
the minimum dimension, which could result in failure of the control 
system. This failure could lead to loss of control of the glider.

DATES: We must receive any comments on this proposed AD by May 27, 
2005.

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 20590-0001.
     Fax: 1-202-493-2251.
     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.
    To get the service information identified in this proposed AD, 
contact PZL-Swidnik S.A., Polish Aviation Works, Al. Lotnikow Polskich 
1, 21-045 Swidnik, Poland; telephone: 48 81 468 09 01 751 20 71; 
facsimile: 48 81 468 09 19 751 21 73.
    To view the comments to this proposed AD, go to http://dms.dot.gov. 
This is docket number FAA-2005-20802; Directorate Identifier 2005-CE-
18-AD.

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 the 
docket number, ``FAA-2005-20802; Directorate Identifier 2005-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-2005-20802; Directorate Identifier 2005-CE-
18-AD. 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

[[Page 21692]]

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 1-800-647-5227) 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 General Inspectorate 
of Civil Aviation (GICA), which is the airworthiness authority for 
Poland, recently notified FAA that an unsafe condition may exist on 
certain PZL-Swidnik S.A. (PZL-Swidnik) gliders. The GICA reports that 
an owner of a Model PW-6U glider found the dimension of the push-rod 
end to not meet the minimum dimension of 0.165 inches (in.) or 4.2 
millimeter (mm). Further, the GICA reports that the manufacturer has 
identified a production run of these parts that do not meet the minimum 
dimension of the push-rod end. Similar push-rod ends, where applicable, 
are used to link the ailerons, airbrakes, and elevator control systems 
in the Models PW-5 ``Smyk'' and PW-6U gliders.
    What is the potential impact if FAA took no action? Any push-rod 
end that does not meet the minimum dimension could result in failure of 
the control system. This failure could lead to loss of control of the 
glider.
    Is there service information that applies to this subject? PZL-
Swidnik has issued:

--Mandatory Bulletin Number BO-17-03-18, dated December 22, 2003, for 
the Model PW-5 ``Smyk'' gliders.
--Mandatory Bulletin Number BO-78-03-06, dated December 22, 2003, for 
the Model PW-6U gliders.

    What are the provisions of this service information? The service 
information includes procedures for:

--Inspecting for the minimum dimension of the left side aileron, right 
side aileron, and airbrake push-rod ends for the Model PW-5 ``Smyk'' 
gliders;
--Inspecting for the minimum dimension of the aileron, airbrake, and 
elevator control push-rod ends for the Model PW-6U gliders; and
--Replacing any push-rod end that does not meet the minimum dimension.

    What action did the GICA take? The GICA classified this service 
bulletin as mandatory and issued Polish AD Numbers SP-0085-2003-A, 
dated December 22, 2003, and SP-0086-2003, dated December 22, 2003, to 
ensure the continued airworthiness of these gliders in Poland.
    Did the GICA inform the United States under the bilateral 
airworthiness agreement? These PZL-Swidnik Models PW-5 ``Smyk'' and PW-
6U gliders 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-Swidnik Models PW-5 ``Smyk'' and PW-6U gliders 
of the same type design that are registered in the United States, we 
are proposing AD action to detect and replace any push-rod end that 
does not meet the minimum dimension, which could result in failure of 
the control system. This failure could lead to loss of control of the 
glider.
    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 gliders would this proposed AD impact? We estimate that 
this proposed AD affects 67 gliders in the U.S. registry.
    What would be the cost impact of this proposed AD on owners/
operators of the affected gliders? We estimate the following costs to 
do this proposed inspection of the push-rod ends:

----------------------------------------------------------------------------------------------------------------
                                                             Total cost per
             Labor cost                    Parts cost            glider         Total cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
1 work hour x $65 = $65............  Not Applicable........             $65  67 x $65 = $4,355
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary push-rod end 
replacements that would be required based on the results of this 
proposed inspection. We have no way of determining the number of 
gliders that may need this replacement:

------------------------------------------------------------------------
                                                              Total cost
                                                              per  push-
    Labor cost per push-rod end            Parts cost          rod  end
                                                              per glider
------------------------------------------------------------------------
1 work hour x $65 = $65............  Not Applicable........          $65
------------------------------------------------------------------------


[[Page 21693]]

    The manufacturer has stated that the costs for any required parts 
and transportation will be covered under the manufacturer's warranty.

Authority for This Rulemaking

    What authority does FAA have for issuing this rulemaking action? 
Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106 describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this AD.

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 other information as included in the Regulatory Evaluation) 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 FAA-2005-20802; Directorate Identifier 2005-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:

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):


PZL-Swidnik S.A.: Docket No. FAA-2005-20802; Directorate Identifier 
2005-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 May 27, 2005.

What Other ADs Are Affected by This Action?

    (b) None.

What Gliders Are Affected by This AD?

    (c) This AD affects the following glider models and serial 
numbers that are certificated in any category:

------------------------------------------------------------------------
               Model                           Serial Numbers
------------------------------------------------------------------------
PW-5 ``Smyk''.....................  17.12.022 through 17.12.024.
PW-6U.............................  78.02.07 through 78.02.10 and
                                     78.03.01 through 78.03.03.
------------------------------------------------------------------------

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. 
The actions specified in this AD are intended to detect and replace 
any push-rod end that does not meet the minimum dimension, which 
could result in failure of the control system. This failure could 
lead to loss of control of the glider.

What Must I Do To Address This Problem?

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

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Inspect for the minimum   Within the next 25    For the Model PW-5
 dimension (0.165 inches       hours time-in-        ``Smyk'' glider:
 (in.) or 4.2 millimeter       service (TIS) after   Follow
 (mm)):                        the effective date    Communication
(i) Any left side aileron,     of this AD, unless    Equipment Factory
 right side aileron, and       already done.         PZL-Swidnik
 airbrake push-rod end (part                         Mandatory Bulletin
 number (P/N) 511.00.20.00)                          Number BO-17-03-18,
 for the Model PW-5 ``Smyk''                         dated December 22,
 glider; and.                                        2003.
(ii) Any aileron, airbrake,                         For the Model PW-6U
 and elevator control push-                          glider: Follow
 rod end (P/N                                        Communication
 78.21.215.00.00) for the                            Equipment Factory
 Model PW-6U glider..                                PZL-Swidnik
                                                     Mandatory Bulletin
                                                     Number BO-78-03-06,
                                                     dated December 22,
                                                     2003.
-----------------------------
(2) Replace any push-rod end  Before further        For the Model PW-5
 (P/N 511.00.20.00 or          flight after the      ``Smyk'' glider:
 78.21.215.00.00) that you     inspection required   Follow
 find as a result of the       by paragraph (e)(1)   Communication
 inspection required by        of this AD.           Equipment Factory
 paragraph (e)(1) of this AD                         PZL-Swidnik
 that has a push-rod end                             Mandatory Bulletin
 that is less than the                               Number BO-17-03-18,
 minimum dimension (0.165                            dated December 22,
 in. or 4.2 mm)..                                    2003.
                                                    For the Model PW-6U
                                                     glider: Follow
                                                     Communication
                                                     Equipment Factory
                                                     PZL-Swidnik
                                                     Mandatory Bulletin
                                                     Number BO-78-03-06,
                                                     dated December 22,
                                                     2003.
-----------------------------

[[Page 21694]]

 
(3) Do not install any push-  As of the effective   For the Model PW-5
 rod end (P/N 511.00.20.00     date of this AD.      ``Smyk'' glider:
 or 78.21.215.00.00) with a                          Follow
 dimension that is less than                         Communication
 the minimum dimension                               Equipment Factory
 (0.165 in. or 4.2 mm) for                           PZL-Swidnik
 the following use:.                                 Mandatory Bulletin
(i) Any push-rod end for the                         Number BO-17-03-18,
 left side aileron, right                            dated December 22,
 side aileron, or airbrake                           2003.
 of the Model PW-5 ``Smyk''                         For the Model PW-6U
 glider; and.                                        glider: Follow
(ii) Any push-rod end for                            Communication
 the ailerons, airbrake, or                          Equipment Factory
 elevator control of the                             PZL-Swidnik
 Model PW-6U glider..                                Mandatory Bulletin
                                                     Number BO-78-03-06,
                                                     dated December 22,
                                                     2003.
------------------------------------------------------------------------


    Note: You may contact the manufacturer at the address in 
paragraph (h) of this AD to request any required replacement part 
push-rod end.

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.

Is There Other Information That Relates to This Subject?

    (g) Polish AD Numbers SP-0085-2003-A, dated December 22, 2003, 
and SP-0086-2003, dated December 22, 2003, also address the subject 
of this AD.

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

    (h) To get copies of the documents referenced in this AD, 
contact PZL-Swidnik S.A., Polish Aviation Works, Al. Lotnikow 
Polskich 1, 21-045 Swidnik, Poland; telephone: 48 81 468 09 01 751 
20 71; facsimile: 48 81 468 09 19 751 21 73. To view the AD docket, 
go to 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. This 
is docket number FAA-2005-20802; Directorate Identifier 2005-CE-18-
AD.

    Issued in Kansas City, Missouri, on April 20, 2005.
Patrick R. Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-8406 Filed 4-26-05; 8:45 am]
BILLING CODE 4910-13-P