[Federal Register Volume 70, Number 153 (Wednesday, August 10, 2005)]
[Proposed Rules]
[Pages 46439-46441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15803]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21836; Directorate Identifier 2005-CE-36-AD]
RIN 2120-AA64


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

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'' Model SZD-50-3 ``Puchacz'' gliders. This proposed AD would 
require you to perform a visual inspection of the turnbuckle link for 
cracks or wear and replace if cracks or wear is found. This proposed 
action would only apply to those gliders where the turnbuckle is 
directly connected to the pedal. 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 correct cracks in the turnbuckle link, which could result in 
failure of the rudder cable. This failure could lead to loss of control 
of the glider.

DATES: We must receive any comments on this proposed AD by September 
29, 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 20590-001.
     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 Allstar PZL Glider Sp. z o.o., ul.Ciexzynska 325, 43-300 
Bielsko-Biala, Poland; telephone: 43 33 812 50 26; facsimile: 48 33 812 
37 39; Web site: http://www.szd.com.pl.
    To view the comments to this proposed AD, go to http://dms.dot.gov. 
This is docket number FAA-2005-21836; Directorate Identifier 2005-CE-
36-AD.

FOR FURTHER INFORMATION CONTACT: Gregory Davison, Aerospace Engineer, 
ACE-112, 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-2005-21836; Directorate Identifier 2005-CE-36-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-2005-21836; Directorate Identifier 2005-CE-
36-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 
disposition in person at the DMS Docket Offices between 9 a.m. and 5 
p.m. (eastern 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 Civil Aviation 
Office, which is the airworthiness authority for Poland, recently 
notified FAA that an unsafe condition may exist on all Przedsiebiorstwo 
Doswiadczalno--Produkcyjne Szybownictwa ``PZL-Bielsko'' Model SZD-50-3 
``Puchacz'' gliders. The Civil Aviation Office reports a broken 
turnbuckle on a glider performing rudder operations in flight. 
Specifically, material fatigue caused the end of the turnbuckle that 
connects the rudder cable with rear seat, right-side pedal to break. 
Occupants, because of glider design, may have stepped on the rudder 
cable while entering or exiting

[[Page 46440]]

the glider, putting stress on the turnbuckle link. This may have 
contributed to the material fatigue.
    What is the potential impact if FAA took no action? Cracks or wear 
in the turnbuckle link could result in failure of the rudder cable. 
This failure could lead to loss of control of the glider.
    Is there service information that applies to this subject? PZL-
Bielsko has issued Mandatory Bulletin No. BE-054/SZD-50-3/2003 
``Puchacz,'' as approved in the Republic of Poland Civil Aviation 
Office AD No. SP-0012-2004-A, dated February 5, 2004.
    What are the provisions of this service information? The service 
bulletin includes procedures for:

--Visually inspecting the turnbuckle end for excessive wear and cracks; 
and
--Replacing the turnbuckle end if wear or cracks are found.

    What action did the Civil Aviation Office take? The Civil Aviation 
Office classified this service bulletin as mandatory and issued Polish 
AD Number SP-0012-2004-A, dated February 5, 2004, to ensure the 
continued airworthiness of these gliders in Poland.
    Did the Civil Aviation Office inform the United States under the 
bilateral airworthiness agreement? These PZL-Bielsko Model SZD-50-3 
``Puchacz'' gliders 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 Civil Aviation 
Office 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 Civil Aviation Office'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'' gliders of 
the same type design that are registered in the United States, we are 
proposing AD action to detect and correct cracks in the turnbuckle link 
that could result in failure of the rudder cable. 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 8 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:

------------------------------------------------------------------------
                                       Total cost per     Total cost on
             Labor cost                    glider        U.S. operators
------------------------------------------------------------------------
1 workhour x $65 = $65..............              $65              $520
------------------------------------------------------------------------

    We estimate the following costs to do any necessary 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 repair/replacement:

------------------------------------------------------------------------
                                                         Total cost per
             Labor cost                  Parts cost          glider
------------------------------------------------------------------------
1 workhour x $65 = $65..............              $20               $85
------------------------------------------------------------------------

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-2005-21836;

[[Page 46441]]

Directorate Identifier 2005-CE-36-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. FAA-2005-21836; Directorate Identifier 2005-
CE-36-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 September 29, 2005.

What Other ADs Are Affected by This Action?

    (b) None.

What Gliders Are Affected by This AD?

    (c) This AD affects Model SZD-50-3 ``Puchacz'' gliders, 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 a turnbuckle link breaking in 
flight. The actions specified in this AD are intended to detect and 
correct cracks in the turnbuckle link, which could result in failure 
of the rudder cable. 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 on 
gliders where the turnbuckle is directly connected to the pedal:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Visually inspect          Initially within 25   Follow PZL-Bielsko
 turnbuckle end for cracks     hours time-in-        Mandatory Bulletin
 or wear. Use a magnifying     service (TIS) after   No. BE-054/SZD-50-3/
 glass with 10 times the       the effective date    2003 ``Puchacz.''
 magnifying power. The         of this AD, and
 magnifying power in this AD   thereafter at
 takes precedence over the     intervals not to
 magnifying power stated in    exceed 50 hours TIS.
 PZL-Bielsko Mandatory
 Bulletin No. BE-054/SZD-50-
 3/2003 ``Puchacz.''
 Inspection is not required
 on gliders where additional
 short cables between the
 rear seat pedal and
 turnbuckle have been
 installed.
(2) If cracks or wear is      Prior to further      Follow the
 found, during any             flight after the      procedures in the
 inspection required by this   inspection where      maintenance manual.
 AD, replace turnbuckle end.   cracks or wear is
 The turnbuckle must have a    found.
 steel end and support a
 maximum load of 6,100
 newtons (converts to 1,371
 pounds of force), following
 PZL-Bielsko Mandatory
 Bulletin No. BE-054/SZD-50-
 3/2003 ``Puchacz''.
------------------------------------------------------------------------

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 Davison, 
Aerospace Engineer, ACE-112, 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) PZL-Bielsko Mandatory Bulletin No. BE-054/SZD-50-3/2003 
``Puchacz,'' as approved by the following AD, and the Civil Aviation 
Office Airworthiness Directive No. SP-0012-2004-A, dated February 5, 
2004, also addresses 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 Allstar PZL Glider Sp. z o.o., ul.Ciexzynska 325, 43-300 
Bielsko-Biala, Poland; telephone: 43 33 812 50 26; facsimile: 48 33 
812 37 39; Web site: http://www.szd.com.pl. 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-2005-21836; Directorate Identifier 2005-CE-36-
AD.

    Issued in Kansas City, Missouri, on August 2, 2005.
Kim Smith,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-15803 Filed 8-9-05; 8:45 am]
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