[Federal Register Volume 73, Number 38 (Tuesday, February 26, 2008)]
[Proposed Rules]
[Pages 10188-10190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3579]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0216; Directorate Identifier 2008-CE-004-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above that would supersede an existing AD. This 
proposed AD results from mandatory continuing airworthiness information 
(MCAI) originated by an aviation authority of another country to 
identify and correct an unsafe condition on an aviation product. The 
MCAI describes the unsafe condition as:

    On the pre-flight check of a SZD-50-3 glider, the Right Hand 
(RH) wing airbrake was found impossible to retract. Investigation 
revealed that the occurrence was caused by a loose bolt of the ``V'' 
shape airbrake bellcrank, named hereafter intermediate control 
lever. The Left Hand (LH) wing lever also presented, to a lesser 
extent, a loose bolt.

    The proposed AD would require actions that are intended to address 
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by March 27, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Greg Davison, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4130; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0216; 
Directorate Identifier 2008-CE-004-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On January 14, 2008, we issued AD 2008-02-09, Amendment 39-15339 
(73 FR 3623, January 22, 2008). That AD required actions intended to 
address an unsafe condition on the products listed above.
    AD 2008-02-09 was issued as an interim action in order to address 
the need for the immediate inspection for loose attachment bolts in the 
left-hand

[[Page 10189]]

and right-hand wing airbrake intermediate control lever requirement and 
replacement if loose attachment bolts were found.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, issued Emergency 
AD No. 2007-0275-E, dated October 24, 2007 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products.
    The EASA AD allows for repetitive inspections at intervals not to 
exceed 100 hours time-in-service or 12 months, whichever occurs first 
after the initial inspection if no loose bolts are found. The EASA AD 
also requires replacing the split helical spring lock washers with tab 
washers and the M8x34 bolts with M8x32 bolts on both wings at the next 
1,000-hour inspection after the effective date of the AD.
    The Administrative Procedure Act does not permit the FAA to 
``bootstrap'' a long-term requirement into an urgent safety of flight 
action where the rule becomes effective at the same time the public has 
the opportunity to comment. The short-term action and the long-term 
action were analyzed separately for justification to bypass prior 
public notice.
    We are issuing this proposed AD to address the repetitive 
inspections and mandatory parts replacement issues.

Relevant Service Information

    Allstar PZL Glider Sp. z o. o. has issued Service Bulletin No. BE-
059/SZD-50-3/2007 ``PUCHACZ,'' dated October 15, 2007. The actions 
described in this service information are intended to correct the 
unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Differences Between This Proposed AD and the MCAI or Service 
Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 6 products of U.S. registry. We also estimate that 
it would take about 1 work-hour per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $480, or $80 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 12 work-hours and require parts costing $40, for a cost of 
$1,000 per product.
    The estimated total cost on U.S. Operators includes the cumulative 
costs associated with those airplanes affected by AD 2008-02-09.

Authority for This Rulemaking

    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 
rulemaking action.

Regulatory Findings

    We 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.
    For the reasons discussed above, I certify this proposed 
regulation:
    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 regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

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 FAA 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 removing Amendment 39-15339 (73 FR 
3623, January 22, 2008), and adding the following new AD:

Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa ``PZL-
Bielsko'': Docket No. FAA-2008-0216; Directorate Identifier 2008-CE-
004-AD.

Comments Due Date

    (a) We must receive comments by March 27, 2008.

Affected ADs

    (b) This AD supersedes AD 2008-02-09, Amendment 39-15339.

Applicability

    (c) This AD applies to Model SZD-50-3 ``Puchacz'' gliders, all 
serial numbers up to and including B-2207, 503199327, 503A04001, 
503A05002, and 503A05003, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 27: Flight 
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    On the pre-flight check of a SZD-50-3 glider, the Right Hand 
(RH) wing airbrake was found impossible to retract. Investigation

[[Page 10190]]

revealed that the occurrence was caused by a loose bolt of the ``V'' 
shape airbrake bellcrank, named hereafter intermediate control 
lever. The Left Hand (LH) wing lever also presented, to a lesser 
extent, a loose bolt.
    This AD requires inspection of the LH and RH wing airbrake 
intermediate control levers for loose attaching bolts and subsequent 
repetitive inspections and corrective actions, as necessary. As a 
terminating action, replacement of the bolts and their associated 
washers is required.
    These actions are intended to address the identified unsafe 
condition so as to prevent loss of the airbrake control system which 
could result in an inadvertent forced landing with consequent 
sailplane damage and/or passenger injury.

Requirements Retained From AD 2008-02-09

    (f) Do the following unless already done:
    (1) Within 10 days after February 1, 2008 (the effective date of 
AD 2008-02-09), inspect the left-hand (LH) and the right-hand (RH) 
wing airbrake intermediate control levers for loose attaching bolts 
following Allstar PZL Glider Sp. z o. o. Service Bulletin No. BE-
059/SZD-50-3/2007 ``PUCHACZ,'' dated October 15, 2007.
    (2) Before further flight after the inspection required in 
paragraph (f)(1) of this AD, if any loose bolt is found, replace the 
split helical spring lock washers with tab washers and replace the 
M8x34 bolts with M8x32 bolts on both wings following Allstar PZL 
Glider Sp. z o. o. Service Bulletin No. BE-059/SZD-50-3/2007 
``PUCHACZ,'' dated October 15, 2007. After doing this replacement, 
no further action is required by this AD.

New Requirements of This AD: Actions and Compliance

    (g) If no loose bolts are found in the initial inspection 
required in paragraph (f)(1) of this AD, repetitively inspect 
thereafter at intervals not to exceed 100 hours time-in-service 
(TIS) or 12 months, whichever occurs first, until you are required 
to do the replacement in paragraph (h) or (i) of this AD. Do the 
inspection following Allstar PZL Glider Sp. z o. o. Service Bulletin 
No. BE-059/SZD-50-3/2007 ``PUCHACZ,'' dated October 15, 2007.
    (h) If any loose bolt is found during any inspection required in 
paragraph (g) of this AD, before further flight replace the split 
helical spring lock washers with tab washers and replace the M8x34 
bolts with M8x32 bolts on both wings following Allstar PZL Glider 
Sp. z o. o. Service Bulletin No. BE-059/SZD-50-3/2007 ``PUCHACZ,'' 
dated October 15, 2007. After doing this replacement, no further 
action is required by this AD.
    (i) Within the next 1,000 hours TIS after the effective date of 
this AD, replace the split helical spring lock washers with tab 
washers and replace the M8x34 bolts with M8x32 bolts on both wings 
following Allstar PZL Glider Sp. z o. o. Service Bulletin No. BE-
059/SZD-50-3/2007 ``PUCHACZ,'' dated October 15, 2007. After doing 
this replacement, no further action is required by this AD.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (j) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: Greg Davison, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4130; fax: (816) 329-0409. Before using 
any approved AMOC on any airplane to which the AMOC applies, notify 
your appropriate principal inspector (PI) in the FAA Flight 
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (k) Refer to MCAI European Aviation Safety Agency (EASA) 
Emergency AD No. 2007-0275-E, dated October 24, 2007; and Allstar 
PZL Glider Sp. z o. o. Service Bulletin No. BE-059/SZD-50-3/2007 
``PUCHACZ,'' dated October 15, 2007, for related information.

    Issued in Kansas City, Missouri, on February 20, 2008.
Patrick R. Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-3579 Filed 2-25-08; 8:45 am]
BILLING CODE 4910-13-P