AD 2016-11-12

[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)]
[Rules and Regulations]
[Pages 37124-37126]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2016-12601]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-4230; Directorate Identifier 2015-CE-041-AD; 
Amendment 39-18539; AD 2016-11-12]
RIN 2120-AA64


Airworthiness Directives; EVEKTOR, spol. s.r.o. Gliders

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

ACTION: Final rule.

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SUMMARY: We are superseding airworthiness directive (AD) 2000-20-12 for 
EVEKTOR, spol. s.r.o. Models L 13 SEH VIVAT and L 13 SDM VIVAT gliders 
(type certificate previously held by AEROTECHNIK s.r.o.). This AD 
results from mandatory continuing airworthiness information (MCAI) 
issued 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 insufficient material strength of the tail-
fuselage attachment fitting. We are issuing this AD to require actions 
to address the unsafe condition on these products.

DATES: This AD is effective July 14, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
November 27, 2000 (65 FR 61262, October 17, 2000).

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2016-
4230; or in person at the Docket Management Facility, U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
    For service information identified in this AD, contact EVEKTOR, 
spol. s.r.o, Letecka 1008, 686 04 Kunovice, Czech Republic; phone: +420 
572 537 428; email: <a href="/cdn-cgi/l/email-protection#c9acbfaca2bda6bb89acbfaca2bda6bbe7aab3"><span class="__cf_email__" data-cfemail="7e1b081b150a110c3e1b081b150a110c501d04">[email&#160;protected]</span></a>; Internet: <a href="http://www.evektor.cz/en/sales-and-support">http://www.evektor.cz/en/sales-and-support</a>. You may view this 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. It is also available on 
the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for Docket No. 
FAA-2016-4230.

FOR FURTHER INFORMATION CONTACT:  Jim Rutherford, Aerospace Engineer, 
901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 
329-4165; fax: (816) 329-4090; email: <a href="/cdn-cgi/l/email-protection#98f2f1f5b6eaedecf0fdeafef7eafcd8fef9f9b6fff7ee"><span class="__cf_email__" data-cfemail="abc1c2c685d9dedfc3ced9cdc4d9cfebcdcaca85ccc4dd">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to EVEKTOR, spol. s.r.o. 
Models L 13 SEH VIVAT and L 13 SDM VIVAT gliders. That NPRM was 
published in the Federal Register on March 4, 2016 (81 FR 11465), and 
proposed to supersede AD 2000-20-12, Amendment 39-11923 (65 FR 61262, 
October 17, 2000).
    The NPRM proposed to correct an unsafe condition for the specified 
products and was based on mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country. The MCAI states that:

    To prevent destruction of tail-fuselage attachment fitting which 
can lead to loss of control of the sailplane. This destruction could 
be caused due to lower strength of the material used during 
production.

The MCAI can be found in the AD docket on the Internet at: <a href="https://www.regulations.gov/#!documentDetail">https://www.regulations.gov/#!documentDetail</a>;D=FAA-2016-4230-0003.
    A review of records since issuance of AD 2000-20-12 revealed that 
the FAA inadvertently did not address this MCAI for the EVEKTOR, spol. 
s.r.o. Model L 13 SDM VIVAT gliders and the BLANIK LIMITED Model L-13 
AC Blanik gliders. This AD supersedes AD 2000-20-12 to add the EVECTOR, 
spol. s.r.o. Model L 13 SDM VIVAT gliders to the applicability of the 
AD.
    The FAA is addressing the BLANIK LIMITED Model L-13 AC Blanik 
gliders in another AD action.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We

[[Page 37125]]

received no comments on the NPRM (81 FR 11465, March 4, 2016) or on the 
determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting the AD as proposed except for 
minor editorial changes. We identified that we inadvertently included a 
parts cost for the initial inspection in the NPRM (81 FR 11465, March 
4, 2016), and we removed that parts cost from this final rule AD 
action. The basic estimated cost for U.S. operators remains the same. 
We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (81 FR 11465, March 4, 2016) for correcting the unsafe condition; 
and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (81 FR 11465, March 4, 2016).

Related Service Information Under 1 CFR Part 51

    AEROTECHNIK CZ s.r.o. issued Mandatory Service Bulletin SEH 13-
005a, dated November 18, 1999. The service information describes 
procedures for testing the material strength of attachment fitting part 
number A 102 021N and instructions for contacting the manufacturer for 
replacement information if necessary. This service information is 
reasonably available because the interested parties have access to it 
through their normal course of business or by the means identified in 
the ADDRESSES section of the AD.

Costs of Compliance

    We estimate that this AD will affect 9 products of U.S. registry. 
We also estimate that it would take about 4 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour.
    Based on these figures, we estimate the cost of the AD on U.S. 
operators to be $3,060, or $340 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 16 work-hours and require parts costing $500, for a cost of 
$1,860 per product. We have no way of determining the number of 
products that may need these actions.
    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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 this AD:
    (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.

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> by searching for and locating Docket No. FAA-2016-
4230; 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 the NPRM, 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.

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 removing Amendment 39-11923 (65 FR 
61262; October 17, 2000) and adding the following new AD:

2016-11-12 EVEKTOR, spol. s.r.o.: Amendment 39-18539; Docket No. 
FAA-2016-4230; Directorate Identifier 2015-CE-041-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective July 14, 
2016.

(b) Affected ADs

    This AD supersedes AD 2000-20-12, Amendment 39-11923 (65 FR 
61262; October 17, 2000) (``AD 2000-20-12'').

(c) Applicability

    This AD applies to EVEKTOR, spol. s.r.o. Models L 13 SEH VIVAT 
and L 13 SDM VIVAT gliders (type certificate previously held by 
AEROTECHNIK s.r.o.), all serial numbers, certificated in any 
category.

(d) Subject

    Air Transport Association of America (ATA) Code 53: Fuselage.

(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 insufficient 
material strength of the tail-fuselage attachment fitting. We are 
issuing this proposed AD to detect and correct tail-fuselage 
fittings with insufficient material strength, which if left 
uncorrected could result in detachment of the tail from the fuselage 
with consequent loss of control.

 (f) Actions and Compliance

    Unless already done, do the following actions in paragraphs 
(f)(1) and (f)(2) of this AD, including all subparagraphs:
    (1) Model L 13 SEH VIVAT gliders:
    (i) Within the next 60 days after November 27, 2000 (the 
effective date retained from AD 2000-20-12), inspect the tail-
fuselage

[[Page 37126]]

attachment fitting, part number (P/N) A 102 021N, for damage and 
material hardness following the procedures in AEROTECHNIK CZ s.r.o. 
Mandatory Service Bulletin SEH 13-005a, dated November 18, 1999.
    (ii) If you find the tail-fuselage attachment fitting is damaged 
or the material does not meet the hardness requirements specified in 
the service bulletin during the inspection required in paragraph 
(f)(1)(i) of this AD, before further flight, you must contact the 
manufacturer to obtain an FAA-approved replacement part for P/N A 
102 021N and FAA-approved installation instructions and install the 
replacement part. Use the contact information found in paragraph 
(i)(4) to contact the manufacturer.
    (iii) As of November 27, 2000 (the effective date retained from 
AD 2000-20-12), do not install, on any glider, a P/N A 102 021N 
attachment fitting that has not passed the inspection required in 
paragraph (f)(1)(i) of this AD.
    (2) Model L 13 SDM VIVAT gliders:
    (i) Within the next 60 days after July 14, 2016 (the effective 
date of this AD), inspect the tail-fuselage attachment fitting, P/N 
A 102 021N, for damage and material hardness following the 
procedures in AEROTECHNIK CZ s.r.o. Mandatory Service Bulletin SEH 
13-005a, dated November 18, 1999.
    (ii) If you find the tail-fuselage attachment fitting is damaged 
or the material does not meet the hardness requirements specified in 
the service bulletin during the inspection required in paragraph 
(f)(2)(i) of this AD, before further flight, you must contact the 
manufacturer to obtain an FAA-approved replacement part for P/N A 
102 021N and FAA-approved installation instructions and install the 
replacement part. Use the contact information found in paragraph 
(i)(4) to contact the manufacturer.
    (iii) As of July 14, 2016 (the effective date of this AD), do 
not install, on any glider, a P/N A 102 021N attachment fitting that 
has not passed the inspection required in paragraph (f)(2)(i) of 
this AD.

 (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: Jim Rutherford, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4165; fax: (816) 329-4090; email: 
<a href="/cdn-cgi/l/email-protection#0e646763207c7b7a666b7c68617c6a4e686f6f20696178"><span class="__cf_email__" data-cfemail="3e545753104c4b4a565b4c58514c5a7e585f5f10595148">[email&#160;protected]</span></a>. 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.

(h) Related Information

    Refer to MCAI Civil Aviation Authority AD CAA-AD-T-112/1999R1, 
dated November 23, 1999, for related information. The MCAI can be 
found in the AD docket on the Internet at: <a href="https://www.regulations.gov/#!documentDetail">https://www.regulations.gov/#!documentDetail</a>;D=FAA-2016-4230-0003.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on 
November 27, 2000 (65 FR 61262, October 17, 2000).
    (i) AEROTECHNIK CZ s.r.o. Mandatory Service Bulletin SEH 13-
005a, dated November 18, 1999.
    (ii) Reserved.
    (4) For service information identified in this AD, contact 
EVEKTOR, spol. s.r.o, Letecka 1008, 686 04 Kunovice, Czech Republic; 
phone: +420 572 537 428; email: <a href="/cdn-cgi/l/email-protection#6a0f1c0f011e05182a0f1c0f011e0518440910"><span class="__cf_email__" data-cfemail="482d3e2d233c273a082d3e2d233c273a662b32">[email&#160;protected]</span></a>; Internet: <a href="http://www.evektor.cz/en/sales-and-support">http://www.evektor.cz/en/sales-and-support</a>.
    (5) 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. In addition, you can access this 
service information on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by 
searching for and locating Docket No. FAA-2016-4230.
    (6) You may view this service information that is incorporated 
by reference 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 May 20, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-12601 Filed 6-8-16; 8:45 am]
 BILLING CODE 4910-13-P