AD 2008-02-09

[Federal Register Volume 73, Number 14 (Tuesday, January 22, 2008)]
[Rules and Regulations]
[Pages 3623-3625]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E8-870]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0045; Directorate Identifier 2007-CE-100-AD; 
Amendment 39-15339; AD 2008-02-09]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) issued by the 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.

This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective February 1, 2008.
    On February 1, 2008, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in this 
AD.
    We must receive comments on this AD by February 21, 2008.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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 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: 

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has 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 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 
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 Airworthiness Directive (AD) requires inspection of the LH 
& 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.

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

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.

[[Page 3624]]

FAA's Determination and Requirements of the 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 issuing this AD because we 
evaluated all information provided by the State of Design Authority and 
determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design.
    This AD is considered an interim action because we are not 
including a repetitive inspection requirement in this 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 are analyzed 
separately for justification to bypass prior public notice.
    After issuing this AD, we may initiate further AD action (notice of 
proposed rulemaking followed by a final rule) to require the inspection 
to be repetitive and to require a terminating action. Credit will be 
given in any subsequent action for the initial inspection done under 
this AD.

Differences Between This 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 have also required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
described in a separate paragraph of the AD. These requirements take 
precedence over those copied from the MCAI.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because the 
inability to retract the wing airbrake could cause asymmetrical 
operation of the airbrake system and result in an unintentional roll. 
Therefore, we determined that notice and opportunity for public comment 
before issuing this AD are impracticable and that good cause exists for 
making this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2008-0045; Directorate 
Identifier 2007-CE-100-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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 AD will not have federalism implications 
under Executive Order 13132. This AD will 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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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 AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2008-02-09 Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa 
``PZL-Bielsko'': Amendment 39-15339; Docket No. FAA-2008-0045; 
Directorate Identifier 2007-CE-100-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February 
1, 2008.

Affected ADs

    (b) None.

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 
revealed that the occurrence was caused by

[[Page 3625]]

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.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 10 days after February 1, 2008 (the effective date of 
this AD), 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, on both 
wings replace the split helical spring lock washers with tab washers 
and replace the M8x34 bolts with M8x32 bolts following Allstar PZL 
Glider Sp. z o. o. Service Bulletin No. BE-059/SZD-50-3/2007 
``PUCHACZ,'' dated October 15, 2007.
    (3) No further action is required at this time if no loose bolts 
were found during the inspection required in paragraph (f)(1) of 
this AD.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows:
    (1) The MCAI and the service information require repetitive 
inspections if no loose bolts are found during the initial required 
inspection until the next 1,000-hour time-in-service (TIS) overhaul 
after the effective date of the AD, at which time replacing the 
split helical spring lock washers with tab washers and replacing the 
M8x34 bolts with M8x32 bolts is required.
    (2) This AD is considered an interim action because we are not 
including a repetitive inspection requirement in this 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 are analyzed separately for justification to bypass 
prior public notice.
    (3) After issuing this AD, we may initiate further AD action 
(notice of proposed rulemaking followed by a final rule) to require 
the inspection to be repetitive and to require a terminating action. 
Credit will be given in any subsequent action for the initial 
inspection done under this AD.

Other FAA AD Provisions

    (g) 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) 329-409. Before using 
any approved AMOC on any glider 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

    (h) 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.

Material Incorporated by Reference

    (i) You must use Allstar PZL Glider Sp. z o. o. Service Bulletin 
No. BE-059/SZD-50-3/2007 ``PUCHACZ,'' dated October 15, 2007, to do 
the actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
ALLSTAR PZL GLIDER Sp. z o. o., ul. Cieszynska 325, 453-300 Bielsko-
Biala.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 
64106; or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Kansas City, Missouri on January 14, 2008.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-870 Filed 1-18-08; 8:45 am]
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