[Federal Register: September 2, 2004 (Volume 69, Number 170)]
[Proposed Rules]
[Page 53655-53658]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02se04-19]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 53655]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2004-18034; Directorate Identifier 2004-CE-18-AD]
RIN 2120-AA64
Airworthiness Directives; Leteck[eacute] Z[aacute]vody Model L 23
Super-Blanik Sailplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Leteck[eacute] Z[aacute]vody Model L 23 Super-Blanik
sailplanes. This proposed AD would require you to do a repetitive, non-
destructive magnetic test (NDMT) inspection on the elevator rocker
lever (part number A 730 201 N) for cracks. If cracks are found, this
proposed AD would also require you to return the part to the
manufacturer. The manufacturer will send you a replacement part for
installation. Installing the improved replacement part would terminate
the need for the repetitive inspections. This proposed AD is the result
of mandatory continuing airworthiness information (MCAI) issued by the
airworthiness authority for the Czech Republic. We are issuing this
proposed AD to prevent failure of the elevator rocker lever caused by
cracks that resulted from a defect in prior manufacturing procedures.
Such failure could lead to loss of control of the sailplane.
DATES: We must receive any comments on this proposed AD by October 4,
2004.
ADDRESSES: Use one of the following to submit comments on this proposed
AD:
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-001.
Fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
You may get the service information identified in this proposed AD
from Leteck[eacute] Z[aacute]vody a.s., 686 04 Kunovice 1177, Czech
Republic.
You may view the comments to this proposed AD in the AD docket on
the Internet at http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Gregory A. Davison, Aerospace
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas
City, Missouri 64106; telephone: (816) 329-4130; facsimile: (816) 329-
4090.
SUPPLEMENTARY INFORMATION:
Comments Invited
How do I comment on this proposed AD? We invite you to submit any
written relevant data, views, or arguments regarding this proposal.
Send your comments to an address listed under ADDRESSES. Include the
docket number, ``FAA-2004-18034; Directorate Identifier 2004-CE-18-AD''
at the beginning of your comments. We will post all comments we
receive, without change, to http://dms.dot.gov, including any personal
information you provide. We will also post a report summarizing each
substantive verbal contact with FAA personnel concerning this proposed
rulemaking. Using the search function of our docket Web site, anyone
can find and read the comments received into any of our dockets,
including the name of the individual who sent the comment (or signed
the comment on behalf of an association, business, labor union, etc.).
This is docket number FAA-2004-18034. You may review the DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477-78) or you may visit http://dms.dot.gov.
Are there any specific portions of this proposed AD I should pay
attention to? We specifically invite comments on the overall
regulatory, economic, environmental, and energy aspects of this
proposed AD. If you contact us through a nonwritten communication and
that contact relates to a substantive part of this proposed AD, we will
summarize the contact and place the summary in the docket. We will
consider all comments received by the closing date and may amend this
proposed AD in light of those comments and contacts.
Docket Information
Where can I go to view the docket information? You may view the AD
docket that contains the proposal, any comments received, and any final
disposition in person at the DMS Docket Offices between 9 a.m. and 5
p.m. (eastern standard time), Monday through Friday, except Federal
holidays. The Docket Office (telephone (800) 647-5227) is located on
the plaza level of the Department of Transportation NASSIF Building at
the street address stated in ADDRESSES. You may also view the AD docket
on the Internet at http://dms.dot.gov. The comments will be available
in the AD docket shortly after the DMS receives them.
Discussion
What events have caused this proposed AD? The Civil Aviation
Authority (CAA), which is the airworthiness authority for the Czech
Republic, recently notified FAA that an unsafe condition may exist on
certain Leteck[eacute] Z[aacute]vody Model L 23 Super-Blanik
sailplanes. The CAA reports that, during an accident investigation,
cracks were found on the elevator rocker lever.
The manufacturer has identified a problem with its quality control
inspection procedures during the production of the original elevator
rocker lever part prior to January 2004. Micro-cracks or voids were not
detected when the parts left production and were installed on the
affected sailplanes. These discrepancies may cause fatigue failure of
the elevator rocker lever.
In January 2004, the manufacturer changed its manufacturing process
and is currently replacing any existing defective elevator rocker
levers within the specified affected sailplanes.
What is the potential impact if FAA took no action? If not detected
and corrected, cracks in the elevator rocker lever could cause the
lever to fail. Such
[[Page 53656]]
failure could result in loss of control of the sailplane.
Is there service information that applies to this subject?
Letechk[eacute] Z[aacute]vody has issued Mandatory Bulletin MB No.:
L23/48a, not dated.
What are the provisions of this service information? The service
bulletin includes procedures for:
--Doing a non-destructive magnetic test inspection on the elevator
rocker lever (part number A 730 201 N) for cracks; and
--Returning all cracked elevator rocker levers to the manufacturer to
get a replacement part for installation.
What action did the CAA take? The CAA classified this service
bulletin as mandatory and issued Czech Republic AD Number CAA-AD-T-005/
2004, dated January 16, 2004, to ensure the continued airworthiness of
these sailplanes in the Czech Republic.
Did the CAA inform the United States under the bilateral
airworthiness agreement? These Leteck[eacute] Z[aacute]vody Model L 23
Super-Blanik sailplanes are manufactured in the Czech Republic and are
type-certificated for operation in the United States under the
provisions of section 21.29 of the Federal Aviation Regulations (14 CFR
21.29) and the applicable bilateral airworthiness agreement.
Under this bilateral airworthiness agreement, the CAA has kept us
informed of the situation described above.
FAA's Determination and Requirements of This Proposed AD
What has FAA decided? We have examined the CAA's findings, reviewed
all available information, and determined that AD action is necessary
for products of this type design that are certificated for operation in
the United States.
Since the unsafe condition described previously is likely to exist
or develop on other Leteck[eacute] Z[aacute]vody Model L 23 Super-
Blanik sailplanes of the same type design that are registered in the
United States, we are proposing AD action to prevent failure of the
elevator rocker lever caused by cracks. This failure could lead to loss
of control of the sailplane.
What would this proposed AD require? This proposed AD would require
you to incorporate the actions in the previously-referenced service
bulletin.
What is the difference between this proposed AD and the CAA AD? The
CAA AD requires doing the initial inspection prior to further flight
after the effective date of the AD. We propose a requirement that you
do the initial inspection within the next 25 hours time-in-service
(TIS) after the effective date of this proposed AD.
We do not have justification to require this action prior to
further flight. We use compliance times such as this when we have
identified an urgent safety of flight situation. We believe that 25
hours TIS will give the owners or operators of the affected sailplanes
enough time to have the proposed actions required by this AD done
without compromising the safety of the sailplanes.
How does the revision to 14 CFR part 39 affect this proposed AD? On
July 10, 2002, we published a new version of 14 CFR part 39 (67 FR
47997, July 22, 2002), which governs FAA's AD system. This regulation
now includes material that relates to altered products, special flight
permits, and alternative methods of compliance. This material
previously was included in each individual AD. Since this material is
included in 14 CFR part 39, we will not include it in future AD
actions.
Costs of Compliance
How many sailplanes would this proposed AD impact? We estimate that
this proposed AD affects 103 sailplanes in the U.S. registry.
What would be the cost impact of this proposed AD on owners/
operators of the affected sailplanes? We estimate the following costs
to accomplish the proposed inspections:
----------------------------------------------------------------------------------------------------------------
Total cost per
Labor cost Parts cost sailplane Total cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
2 workhours x $65 per hour = Not applicable............... $130 $130 x 103 = $13,390
$130.
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We estimate the following costs to accomplish any necessary
replacements that would be required based on the results of the
proposed inspections. We have no way of determining the number of
sailplanes that may need this replacement:
----------------------------------------------------------------------------------------------------------------
Labor cost Parts cost Total cost per sailplane
----------------------------------------------------------------------------------------------------------------
2 workhours x $65 = $130................ Parts provided by the $130 x 103 = $13,390
manufacturer at no cost.
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Regulatory Findings
Would this proposed AD impact various entities? We have 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.
Would this proposed AD involve a significant rule or regulatory
action? For the reasons discussed above, I certify that this proposed
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); 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 summary of the costs to comply with this proposed AD
and placed it in the AD Docket. You may get a copy of this summary by
sending a request to us at the address listed under ADDRESSES. Include
``AD Docket No. 2004-CE-18-AD'' in your request.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend 14
CFR part 39 as follows:
[[Page 53657]]
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
airworthiness directive (AD):
Leteck[eacute] Z[aacute]vody: Docket No. FAA-2004-18034; Directorate
Identifier 2004-CE-18-AD
When Is the Last Date I Can Submit Comments on This Proposed AD?
(a) We must receive comments on this proposed airworthiness
directive (AD) by October 4, 2004.
What Other ADs Are Affected by This Action?
(b) None.
What Sailplanes Are Affected by This AD?
(c) This AD affects Model L 23 Super-Blanik sailplanes, all
serial numbers up to and including 039019, that are certificated in
any category.
What Is the Unsafe Condition Presented in This AD?
(d) This AD is the result of mandatory continuing airworthiness
information (MCAI) issued by the airworthiness authority for the
Czech Republic. We are issuing this AD to prevent fatigue failure of
the elevator rocker lever. This failure could lead to loss of
control of the sailplane.
What Must I Do to Address This Problem?
(e) To address this problem, you must do the following:
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Actions Compliance Procedures
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(1) Do a non-destructive Initially inspect Follow the work
magnetic test (NDMT) within the next 25 procedures in
inspection on the elevator hours time-in-service LETECK[Eacute]
rocker lever (part number A (TIS) after the Z[Aacute]VODY
730 201 A) for cracks and effective date of Mandatory
deficiencies. this AD. If no cracks Bulletin MB
or deficiencies are No.: L23/48a,
found, reinstall and not dated.
respectively inspect
thereafter at
intervals not to
exceed 100 hours TIS
until the replacement
in paragraph (e)(2)
of this AD is done.
The replacement in
paragraph (e)(2) of
this AD is done. The
replacement in
paragraph (e)(2) of
this AD is the
terminating action
for the repetive
inspection
requirements in this
AD.
(2) If cracks are found during Return the cracked Follow the work
any inspection required in elevator rocker lever procedures in
paragraph (e)(1) of this AD, to the manufacturer LETECK[Eacute]
send the cracked part and a and install the Z[Aacute]VODY
report of the inspection that replacement part Mandatory
contains the information prior to further Bulletin MB
about the position and size flight after the No.: L23/48a,
of cracks, the serial number inspection in which not dated.
of the sailplane, and the cracks are found.
total number of hours TIS Prior to installing
since new to LETECK[Eacute] the new part, place a
Z[Aacute]VODY at the address permanent (paint)
specified in paragraph (g) of blue dot
this AD. approximately 0.25
(i) The manufacturer will send inches in diameter in
you a replacement part for an open location on
installation.. the elevator rocker
(ii) The Office of Management lever. Installing the
and Budget (OMB) approved the replacement part
information collection received from the
requirements contained in manufacturer is the
this regulation under the terminating action
provisions of the Paperwork for the repetitive
Reduction Act of 1980 (44 inspection
U.S.C. 3501 et seq.) and requirements in
assigned OMB Control Number paragraph (e)(1) of
2120-0056.. this AD.
(3) You may terminate the
repetitive inspections
required in paragraph (e)(1)
of this AD by:
(i) Replacing the elevator
rocker lever required in with
one obtained from the
manufacturer at the address
specified in paragraph (g) of
this AD; and.
(ii) Prior to installing the
new part, place a permanent
(paint) blue dot
approximately 0.25 inches in
diameter in an open location
on the elevator rocker lever.
(4) If you have already As of the effective Not applicable.
replaced the defective date of this AD.
elevator rocker lever with a
manufacturer-approved lever
that was produced in January
2004 or later, following
LETECK[Eacute] Z[Aacute]VODY
Mandatory Bulletin MB No.:
L23/48a, not dated, you may
take credit for compliance
with this AD by having an
appropriately-rated mechanic
do the following:
(i) Make a log book entry
showing compliance with this
AD; and
(ii) Place a permanent (paint)
blue dot approximately 0.25
inches in diameter in an open
location on the newly
installed elevator rocker
lever.
------------------------------------------------------------------------
May I Request an Alternative Method of Compliance?
(f) You may request a different method of compliance or a
different compliance time for this AD by following the procedures in
14 CFR 39.19. Unless FAA authorizes otherwise, send your request to
your principal inspector. The principal inspector may add comments
and will send your request to the Manager, Standards Office, Small
Airplane Directorate, FAA. For information on any already approved
alternative methods of compliance, contact Gregory A. Davison,
Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4130;
facsimile: (816) 329-4090.
May I Get Copies of the Documents Referenced in This AD?
(g) You may get copies of the documents referenced in this AD
from Leteck[eacute] Z[aacute]vody a.s., 686 04 Kunovice 1177, Czech
Republic. You may view the AD docket at the Docket Management
Facility, U.S. Department of Transportation, 400 Seventh Street,
SW., Nassif Building, Room PL-401, Washington, DC, or on the
Internet at http://dms.dot.gov.
Is There Other Information That Relates to This Subject?
(h) Czech Republic AD Number CAA-AD-T-005/2004, dated January
16, 2004, also addresses the subject of this AD.
[[Page 53658]]
Issued in Kansas City, Missouri, on August 25, 2004.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-20017 Filed 9-1-04; 8:45 am]
BILLING CODE 4910-13-P