[Federal Register: December 16, 2004 (Volume 69, Number 241)]
[Rules and Regulations]
[Page 75225-75228]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16de04-2]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2004-18034; Directorate Identifier 2004-CE-18-AD;
Amendment 39-13905; AD 2004-25-17]
RIN 2120-AA64
Airworthiness Directives; LETECK[Eacute] Z[Aacute]VODY Model L 23
SUPER--BLANIK Sailplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA adopts a new airworthiness directive (AD) for certain
LETECK[Eacute] Z[Aacute]VODY Model L 23 SUPER--BLANIK sailplanes. This
AD requires 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 AD also requires you to return
the part to the manufacturer. The manufacturer will send you a
replacement part for installation. Installing the improved replacement
part terminates the need for the repetitive inspections. 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 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: This AD becomes effective on January 28, 2005.
As of January 28, 2005, the Director of the Federal Register
approved the incorporation by reference of certain publications listed
in the regulation.
ADDRESSES: To get the service information identified in this AD,
contact LETECK[Eacute] Z[Aacute]VODY a.s., 686 04 Kunovice 1177, Czech
Republic. To review this service information, go to the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
or
call (202) 741-6030.
To view the AD docket, go to the Docket Management Facility; U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif Building,
Room PL-401, Washington, DC 20590-0001 or on the Internet at http://dms.dot.gov.
The docket number is FAA-2004-18034.
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:
Discussion
What events have caused this 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 failure could result in loss of control of the
sailplane.
Has FAA taken any action to this point? We issued a proposal to
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to
include an AD that would apply to certain LETECK[Eacute] Z[Aacute]VODY
Model L 23 SUPER--BLANIK sailplanes. This proposal was published in the
Federal Register as a notice of proposed rulemaking (NPRM) on September
2, 2004 (69 FR 53655). The NPRM proposed to 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, the NPRM also proposed to 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.
What is the difference between this AD and the CAA AD? The CAA AD
requires doing the initial inspection prior to further flight after the
effective date of this AD. We are requiring that you do the initial
inspection within the next 25 hours time-in-service (TIS) after the
effective date of this 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 actions required by this AD done without
compromising the safety of the sailplanes.
[[Page 75226]]
Comments
Was the public invited to comment? We provided the public the
opportunity to participate in developing this AD. We received no
comments on the proposal or on the determination of the cost to the
public.
Conclusion
What is FAA's final determination on this issue? We have carefully
reviewed the available data and determined that air safety and the
public interest require adopting the AD as proposed except for minor
editorial corrections. We have determined that these minor corrections:
--Are consistent with the intent that was proposed in the NPRM for
correcting the unsafe condition; and
--Do not add any additional burden upon the public than was already
proposed in the NPRM.
Changes to 14 CFR Part 39--Effect on the AD
How does the revision to 14 CFR part 39 affect this AD? On July 10,
2002, the FAA published a new version of 14 CFR part 39 (67 FR 47997,
July 22, 2002), which governs the 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 does this AD impact? We estimate that this AD
affects 103 sailplanes in the U.S. registry.
What is the cost impact of this AD on owners/operators of the
affected sailplanes? We estimate the following costs to accomplish the
inspections:
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Total cost
Labor cost Parts cost per sailplane Total cost on U.S. operators
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2 workhours x $65 per hour = $130.. Not applicable........ $130 $130 x 103 = $13,390.
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We estimate the following costs to accomplish any necessary
replacements that will be required based on the results of the
inspections. We have no way of determining the number of sailplanes
that may need this replacement:
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Labor cost Parts cost Total cost per sailplane
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2 workhours x $65 = $130............... Parts provided by the $130 x 103 = $13,390.
manufacturer at no cost.
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Authority for this Rulemaking
What authority does FAA have for issuing this rulemaking action?
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 AD.
Regulatory Findings
Will this AD impact various entities? We have 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.
Will this AD involve a significant rule or regulatory action? 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 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 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
``Docket No. FAA-2004-18034; Directorate Identifier 2004-CE-18-AD'' in
your request.
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 Federal Aviation Administration amends part 39 of the Federal
Aviation Regulations (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. FAA amends Sec. 39.13 by adding a new AD to read as follows:
2004-25-17 LETECK[Eacute] Z[Aacute]VODY: Amendment 39-13905; Docket
No. FAA-2004-18034; Directorate Identifier 2004-CE-18-AD.
When Does This AD Become Effective?
(a) This AD becomes effective on January 28, 2005.
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:
[[Page 75227]]
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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- LETECK[Eacute]
rocker lever (part number A service (TIS) after Z[Aacute]VODY
730 201 A) for cracks and January 28, 2005 Mandatory Bulletin
deficiencies. (the effective MB No.: L23/48a,
date) of this AD. not dated.
If no cracks or
deficiencies are
found, reinstall
and repetitively
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 the
terminating action
for the repetitive
inspection
requirements in
this AD.
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(2) If cracks are found Return the cracked Follow the work
during any inspection elevator rocker procedures in
required in paragraph lever to the LETECHK[Eacute]
(e)(1) of this AD, send the manufacturer and Z[Aacute]VODY
cracked part and a report install the Mandatory Bulletin
of the inspection that replacement part MB No.: L23/48a,
contains the information prior to further not dated.
about the position and size flight after the
of cracks, the serial inspection in which
number of the sailplane, cracks are found.
and the total number of Prior to installing
hours TIS since new to the new part, place
LETECHK[Eacute] a permanent (paint)
Z[Aacute]VODY at the blue dot
address specified in approximately 0.25
paragraph (h) of this AD. inches in diameter
(i) The manufacturer will in an open location
send you a replacement part on the elevator
for installation.. rocker lever.
(ii) The Office of Installing the
Management and Budget (OMB) replacement part
approved the information received from the
collection requirements manufacturer is the
contained in this terminating action
regulation under the for the repetitive
provisions of the Paperwork inspection
Reduction Act of 1980 (44 requirements in
U.S.C. 3501 et seq.) and paragraph (e)(1) of
assigned OMB Control Number this AD.
2120-0056.
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(3) You may terminate the At any time after Not applicable.
repetitive inspections the initial
required in paragraph inspection required
(e)(1) of this AD by: in paragraph (e)(1)
(i) Replacing the elevator of this AD.
rocker lever with one
obtained from the
manufacturer at the address
specified in paragraph (h)
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 January 28, Not applicable.
replaced the defective 2005 (the effective
elevator rocker lever with date of this AD).
a manufacturer-approved
lever that was produced in
January 2004 or later
following LETECHK[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..
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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.
Is There Other Information That Relates to This Subject?
(g) Czech Republic AD Number CAA-AD-T-005/2004, dated January
16, 2004, also addresses the subject of this AD.
Does This AD Incorporate Any Material by Reference?
(h) You must do the actions required by this AD following the
instructions in LETECK[Eacute] Z[Aacute]VODY Mandatory Bulletin MB
No.: L23/48a (referenced in Czech Republic AD Number CAA-AD-T-005/
2004, dated January 16, 2004). The Director of the Federal Register
approved the incorporation by reference of this service bulletin in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To get a copy of
this service information, contact LETECK[Eacute] Z[Aacute]VODY a.s.,
686 04 Kunovice 1177, Czech Republic. To review copies of this
service information, go to the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, go to: http://www.archives. gov/federal--register/
code-- of--federal--regulations/ ibr--locations.html or call (202)
741-6030. To view the AD docket, go to the Docket Management
Facility; U.S. Department of Transportation, 400 Seventh Street,
SW., Nassif Building, Room PL-401, Washington, DC 20590-0001 or on
the Internet at http://dms.dot.gov. The docket number is FAA-2004-
18034.
[[Page 75228]]
Issued in Kansas City, Missouri, on December 6, 2004.
William J. Timberlake,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-27284 Filed 12-15-04; 8:45 am]
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