AD 2010-14-15

[Federal Register Volume 75, Number 133 (Tuesday, July 13, 2010)]
[Rules and Regulations]
[Pages 39795-39798]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2010-16382]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0684; Directorate Identifier 2010-CE-031-AD; 
Amendment 39-16360; AD 2010-14-15]
RIN 2120-AA64


Airworthiness Directives; Aircraft Industries a.s. (Type 
Certificate G60EU Previously Held by LETECK[Eacute] Z[Aacute]VODY a.s. 
and LET Aeronautical Works) Model L-13 Blanik Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

[[Page 39796]]


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:

    A fatal accident occurred to a L-13 BLAN[Iacute]K sailplane, in 
which the main spar of the right wing failed near the root due to 
positive load. The right wing detached from the aircraft and the 
pilots lost control of the sailplane.
    The preliminary investigation has revealed that the fracture may 
have been due to fatigue.

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

DATES: This AD becomes effective July 19, 2010.
    On July 19, 2010, 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 August 27, 2010.

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.: 2010-0122-E, dated June 23, 2010 (referred to after 
this as ``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    A fatal accident occurred to a L-13 BLAN[Iacute]K sailplane, in 
which the main spar of the right wing failed near the root due to 
positive load. The right wing detached from the aircraft and the 
pilots lost control of the sailplane.
    The preliminary investigation has revealed that the fracture may 
have been due to fatigue.
    The Emergency AD 2010-0119-E required immediate inspection of 
the main spar at the root of the wing to detect fatigue cracking and 
the accomplishment of the relevant corrective actions as necessary. 
In addition, this AD 2010-0119-E imposed operational limitations. 
This AD retains the requirements of AD 2010-0119-E, which is 
superseded, and extends the applicability to L-13 A BLAN[Iacute]K 
sailplanes.
    The requirements of this AD are considered as interim action to 
immediately address this unsafe condition. If, as a result of the 
on-going investigation, a terminating action is later identified, 
further mandatory actions might be considered.

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

Relevant Service Information

    Aircraft Industries a.s. has issued Mandatory Bulletin MB No.: L13/
109a, dated June 18, 2010. 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 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.

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 a 
fatal accident occurred in an L-13 Blanik glider. The main spar of the 
right wing of the accident glider failed near the root due to positive 
load. The right wing detached from the aircraft and the pilots lost 
control. The preliminary investigation has revealed that the fracture 
may have been due to fatigue. 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-2010-0684; Directorate 
Identifier 2010-CE-031-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.

[[Page 39797]]

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:

2010-14-15 Aircraft Industries a.s. (Type Certificate G60EU 
Previously Held by LETECK[Eacute] Z[Aacute]VODY a.s. and LET 
Aeronautical Works): Amendment 39-16360; Docket No. FAA-2010-0684; 
Directorate Identifier 2010-CE-031-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 19, 
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models L-13 Blanik gliders, all serial 
numbers, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    A fatal accident occurred to a L-13 BLAN[Iacute]K sailplane, in 
which the main spar of the right wing failed near the root due to 
positive load. The right wing detached from the aircraft and the 
pilots lost control of the sailplane.
    The preliminary investigation has revealed that the fracture may 
have been due to fatigue.
    The Emergency AD 2010-0119-E required immediate inspection of 
the main spar at the root of the wing to detect fatigue cracking and 
the accomplishment of the relevant corrective actions as necessary. 
In addition, this AD 2010-0119-E imposed operational limitations. 
This AD retains the requirements of AD 2010-0119-E, which is 
superseded, and extends the applicability to L-13 A BLAN[Iacute]K 
sailplanes.
    The requirements of this AD are considered as interim action to 
immediately address this unsafe condition. If, as a result of the 
on-going investigation, a terminating action is later identified, 
further mandatory actions might be considered.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) As of July 19, 2010, aerobatics maneuvers (i.e., roll, loop, 
stalled turn, immelmann turn, half roll, and inverted flight) are 
prohibited. Before further flight after July 19, 2010, insert a copy 
of this AD into the flight manual to comply with the requirements of 
this paragraph. The chapter ``Aerobatics'' in ``Pilot's Notes for 
the L-13 sailplane'' (flight manual) is not valid.
    (2) Before further flight after July 19, 2010, inspect the wing 
critical areas following Aircraft Industries a.s. Mandatory Bulletin 
MB No.: L13/109a, dated June 18, 2010, except use a 10X magnifier.
    (3) If any cracks are found during the inspection required by 
paragraph (f)(2) of this AD, no further flights are permitted.
    (4) Within 10 days after the inspection required by paragraph 
(f)(2) of this AD, submit the following information requested by 
Aircraft Industries a.s. Mandatory Bulletin MB No.: L13/109a, dated 
June 18, 2010, for further assessment. Send information to the 
address listed in paragraph (i)(2) of this AD.
    (i) Appendix No. 1, Summary of L-13 glider Log book record; and
    (ii) Paragraph H. RECORD IN GLIDER LOGBOOK AFTER BULLETIN 
EXECUTION.

    Note 1: The above limitation is an interim solution until a 
final action is identified, at which time the European Aviation 
Safety Agency (EASA) and the FAA may consider further AD action.

FAA AD Differences

    Note 2:  This AD differs from the MCAI and/or service 
information as follows. The service information requires a visual 
inspection with a 6X magnifier. We are requiring a 10X magnifier to 
detect cracks that could go undetected using only a 6X magnifier.

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) 329-4090. 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

    (h) Refer to MCAI EASA Emergency AD No.: 2010-0122-E, dated June 
23, 2010; and Aircraft Industries a.s. Mandatory Bulletin MB No.: 
L13/109a, dated June 18, 2010, for related information.

Material Incorporated by Reference

    (i) You must use Aircraft Industries a.s. Mandatory Bulletin MB 
No.: L13/109a, dated June 18, 2010, 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

[[Page 39798]]

this service information under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Aircraft Industries, a.s., Na Z[aacute]honech 1177, 686 04 Kunovice, 
Czech Republic; phone: +420 572 817 660; fax: +420 572 816 112; 
Internet: <a href="http://www.let.cz/">http://www.let.cz/</a>; e-mail: <a href="/cdn-cgi/l/email-protection#335c4740735f56471d5049"><span class="__cf_email__" data-cfemail="147b6067547871603a776e">[email&#160;protected]</span></a>.
    (3) You may review copies of the service information 
incorporated by reference for this AD at the FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the 
Central Region, call (816) 329-3768.
    (4) You may also review copies of the service information 
incorporated by reference for this AD 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/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Kansas City, Missouri, on June 28, 2010.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-16382 Filed 7-12-10; 8:45 am]
BILLING CODE 4910-13-P