[Federal Register Volume 77, Number 108 (Tuesday, June 5, 2012)]
[Proposed Rules]
[Pages 33127-33129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13563]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0598; Directorate Identifier 2012-CE-017-AD]
RIN 2120-AA64


Airworthiness Directives; HPH s. r.o. Sailplanes

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 all 
HPH s. r.o. Models 304C, 304CZ, and 304CZ-17 sailplanes. 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 the lack of a drain hole in the elevator 
control rod, which may allow water to accumulate in the control rod and 
lead to possible corrosion. This condition could cause the elevator 
control rod to fail, which could result in loss of control of the 
sailplane. We are issuing this proposed AD to require actions to 
address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by July 20, 2012.

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.
    For service information identified in this proposed AD, contact HPH 
spol. s r.o., [Ccaron][aacute]slavsk[aacute] 126, P.O. Box 112, 284 01 
Kutn[aacute] Hora, Czech Republic, telephone: +420 327 512 633; fax: 
+420 327 513 441; email: [email protected]; Internet: www.hph.cz. You may 
review copies of the referenced service information at the FAA, Small 
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For 
information on the availability of this material at the FAA, call (816) 
329-4148.

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: Taylor Martin, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4138; fax: (816) 329-4090; email: 
[email protected].

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-2012-0598; 
Directorate Identifier 2012-CE-017-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

[[Page 33128]]

post a report summarizing each substantive verbal contact we receive 
about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued AD 
No.: 2012-0073, dated April 30, 2012 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    A broken elevator control rod in the vertical fin on a Kestrel 
sailplane has been reported.
    The technical investigation revealed that water had soaked into 
the elevator control rod through a control bore hole and resulted in 
corrosion damage. The investigation concluded that the corrosion 
cannot be detected from outside the elevator control rod.
    This condition, if not detected and corrected, could lead to 
failure of the elevator control rod, possibly resulting in loss of 
control of the sailplane.
    To address this unsafe condition, HPH spol. s r.o. published 
Service Bulletins (SB): G304CZ-06a), G304CZ17-06a), G304C-06a), 
providing instructions for elevator control rod inspection and 
replacement.
    For the reasons described above, this AD requires accomplishment 
of a one-time inspection of the elevator control rod in the vertical 
fin and replacement with an improved control rod if control rod 
without drainage hole is used.

    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    HPH spol.s r.o. has issued Service Bulletin No.: G304CZ--06 a)--
R01, G304C--06 a)--R01, G304CZ17--06 a)--R01, dated April 23, 2012. 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.

Costs of Compliance

    We estimate that this proposed AD will affect 10 products of U.S. 
registry. We also estimate that it would take about 6 work-hours per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $85 per work-hour. Required parts would cost 
about $233 per product.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $7,430, or $743 per product

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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, 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 adding the following new AD:

HPH s. r.o. Sailplanes: Docket No. FAA-2012-0598; Directorate 
Identifier 2012-CE-017-AD.

(a) Comments Due Date

    We must receive comments by July 20, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to HPH s. r.o. Models 304C, 304CZ, and 304CZ-17 
sailplanes, all serial numbers, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 27, Flight 
controls.

(e) Reason

    This AD was prompted by 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 the lack of a 
drain hole in the elevator control rod, which may allow water to 
accumulate in the control rod and lead to possible corrosion. We are 
issuing this AD to prevent failure of the elevator control rod, 
which could result in loss of control of the sailplane.

(f) Actions and Compliance

    Unless already done, do the following actions in accordance with 
HPH spol.s r.o. Service Bulletin No.: G304CZ--06 a)--R01, G304C--06 
a)--R01, G304CZ17--06 a)--R01, dated April 23, 2012:
    (1) Within 30 days after the effective date of this AD, inspect 
the elevator control rod in the vertical fin.
    (2) If you find any deficiency during the inspection required by 
paragraph (f)(1) of this AD, before further flight, replace the 
elevator control rod with an elevator control rod that has a drain 
hole.
    (3) Within 9 months after the effective date of this AD, unless 
already done as required by paragraph (f)(2) of this AD, replace the 
elevator control rod in the vertical fin with an elevator control 
rod that has a drain hole.

[[Page 33129]]

    (4) As of the effective date of this AD, do not install an 
elevator control rod without a drainage hole.

(g) Other FAA AD Provisions

    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: Taylor Martin, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4138; fax: (816) 329-4090; email: 
[email protected]. Before using any approved AMOC on any 
sailplane 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, a federal agency may not conduct or sponsor, and a person 
is not required to respond to, nor shall a person be subject to a 
penalty for failure to comply with a collection of information 
subject to the requirements of the Paperwork Reduction Act unless 
that collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the burden should be directed to 
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: 
Information Collection Clearance Officer, AES-200.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 
2012-0073, dated April 30, 2012; and HPH spol.s r.o. Service 
Bulletin No.: G304CZ--06 a)--R01, G304C--06 a)--R01, G304CZ17--06 
a)--R01, dated April 23, 2012, for related information. For service 
information related to this AD, contact HPH spol. s r.o., 
[Ccaron][aacute]slavsk[aacute] 126, P.O. Box 112, 284 01 
Kutn[aacute] Hora, Czech Republic, telephone: +420 327 512 633; fax: 
+420 327 513 441; email: [email protected]; Internet: www.hph.cz. You may 
review copies of the referenced service information at the FAA, 
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. 
For information on the availability of this material at the FAA, 
call (816) 329-4148.

    Issued in Kansas City, Missouri, on May 29, 2012.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2012-13563 Filed 6-4-12; 8:45 am]
BILLING CODE 4910-13-P