AD 2011-02-08

[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Rules and Regulations]
[Pages 4226-4228]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2011-1137]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0053; Directorate Identifier 2010-CE-073-AD; 
Amendment 39-16581; AD 2011-02-08]
RIN 2120-AA64


Airworthiness Directives; Aircraft Industries a.s. Model L 23 
Super Blanik Sailplanes

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:

    Cracks were reported on the rear horizontal stabilizer bracket 
of two L 23 SUPER-BLANIK sailplanes.
    This condition, if not corrected, could result in no longer 
retaining the horizontal stabilizer in place and consequent loss of 
control of the aeroplane.

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

DATES: This AD becomes effective February 14, 2011.
    On February 14, 2011, 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 March 11, 2011.

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.
    For service information identified in this AD, contact Aircraft 
Industries, a.s.-Na zahonech 1177, 686 04 Kunovice, Czech Republic; 
telephone: +420 572 817 660; fax: +420 572 816 112; e-mail: <a href="/cdn-cgi/l/email-protection#137c6760537f76673d7069"><span class="__cf_email__" data-cfemail="503f2423103c35247e332a">[email&#160;protected]</span></a>; 
Internet: <a href="http://www.let.cz/">http://www.let.cz/</a>. 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 <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: Jim Rutherford, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent

[[Page 4227]]

for the Member States of the European Community, has issued AD No.: 
2010-0274-E, dated December 22, 2010 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    Cracks were reported on the rear horizontal stabilizer bracket 
of two L 23 SUPER-BLANIK sailplanes.
    This condition, if not corrected, could result in no longer 
retaining the horizontal stabilizer in place and consequent loss of 
control of the aeroplane.
    For the reasons described above, this AD requires immediate 
inspection of the bracket located at the top of the fin (drawing No. 
A 730 420 N) and its replacement depending on findings. As a result 
of the on-going investigation further mandatory terminating action 
and/or repetitive inspection is likely to follow.

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

Relevant Service Information

    Aircraft Industries a.s. has issued LET Aircraft Industries 
Mandatory Bulletin No.: L23/053a, dated December 14, 2010; and LET 
Aircraft Industries Information Bulletin No.: L23/054b, dated December 
20, 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 
cracks were reported on the rear horizontal stabilizer bracket of two L 
23 Super Blanik sailplanes. This condition, if not corrected, could 
result in no longer retaining the horizontal stabilizer in place and 
consequent loss of control. 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-2011-0053; Directorate 
Identifier 2010-CE-073-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

    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:

2011-02-08 Aircraft Industries a.s.: Amendment 39-16581; Docket No. 
FAA-2011-0053; Directorate Identifier 2010-CE-073-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February 
14, 2011.

Affected ADs

    (b) None

Applicability

    (c) This AD applies to Aircraft Industries a.s. Model L 23 Super 
Blanik sailplanes, all serial numbers, certificated in any category.

[[Page 4228]]

Subject

    (d) Air Transport Association of America (ATA) Code 55: 
Stabilizers.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Cracks were reported on the rear horizontal stabilizer bracket 
of two L 23 SUPER-BLANIK sailplanes.
    This condition, if not corrected, could result in no longer 
retaining the horizontal stabilizer in place and consequent loss of 
control of the aeroplane.
    For the reasons described above, this AD requires immediate 
inspection of the bracket located at the top of the fin (drawing No. 
A 730 420 N) and its replacement depending on findings. As a result 
of the on-going investigation further mandatory terminating action 
and/or repetitive inspection is likely to follow.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Before further flight after the effective date of this AD, 
inspect the rear horizontal stabilizer bracket critical areas (hinge 
welding areas) for cracks following LET Aircraft Industries 
Mandatory Bulletin No.: L23/053a, dated December 14, 2010.
    (2) If during the inspection required in paragraph (f)(1) of 
this AD a crack is found, before further flight, replace the bracket 
following LET Aircraft Industries Information Bulletin No.: L23/
054b, dated December 20, 2010.
    (3) Within 10 days after the replacement required in paragraph 
(f)(2) of this AD, do the following actions:
    (i) Send the damaged bracket to the address listed in paragraph 
(i)(2) of this AD.
    (ii) Send a report to the address listed in paragraph (i)(2) of 
this AD containing the following information: Registration mark, 
serial number, total hours time-in-service, and number of take-offs 
(if available) since the sailplane has been in operation.

FAA AD Differences

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

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: Jim Rutherford, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4165; 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, 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.

Related Information

    (h) Refer to European Aviation Safety Agency (EASA) AD No.: 
2010-0274-E, dated December 22, 2010; LET Aircraft Industries 
Mandatory Bulletin No.: L23/053a, dated December 14, 2010; and LET 
Aircraft Industries Information Bulletin No.: L23/054b, dated 
December 20, 2010; for related information.

Material Incorporated by Reference

    (i) You must use LET Aircraft Industries Mandatory Bulletin No.: 
L23/053a, dated December 14, 2010; and LET Aircraft Industries 
Information Bulletin No.: L23/054b, dated December 20, 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 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 zahonech 1177, 686 04 Kunovice, Czech 
Republic; telephone: +420 572 817 660; fax: +420 572 816 112; e-
mail: <a href="/cdn-cgi/l/email-protection#a1ced5d2e1cdc4d58fc2db"><span class="__cf_email__" data-cfemail="6d02191e2d010819430e17">[email&#160;protected]</span></a>; Internet: <a href="http://www.let.cz/">http://www.let.cz/</a>.
    (3) 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.
    (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 January 12, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-1137 Filed 1-24-11; 8:45 am]
BILLING CODE 4910-13-P