FR Doc 04-9018

[Federal Register: April 21, 2004 (Volume 69, Number 77)]
[Proposed Rules]
[Page 21444-21447]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ap04-15]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-68-AD]
RIN 2120-AA64

Airworthiness Directives; Przedsiebiorstwo Doswiadczalno-
Produkcyjne Szybownictwa ``PZL-Bielsko'' Model SZD-50-3 ``Puchacz''
Sailplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa ``PZL-
Bielsko'' (PZL-Bielsko) Model SZD-50-3 ``Puchacz'' sailplanes. This
proposed AD would require you to repetitively inspect the front and
back of the fuselage front bulkhead attachment fitting for cracks and
replace the attachment fitting if any cracks are found. This proposed
AD is the result of mandatory continuing airworthiness information
(MCAI) issued by the airworthiness authority for Poland. We are issuing
this proposed AD to detect and correct cracks in the fuselage front
bulkhead attachment fitting, which could result in structural failure
of the bulkhead. This failure could lead to loss of control of the
sailplane.

DATES: We must receive any comments on this proposed AD by May 24,
2004.

ADDRESSES: Use one of the following to submit comments on this proposed
AD:
By mail: FAA, Central Region, Office of the
Regional Counsel, Attention: Rules Docket No. 2003-CE-68-AD, 901
Locust, Room 506, Kansas City, Missouri 64106.
By fax: (816) 329-3771.
By e-mail: 9-ACE-7-Docket@faa.gov. Comments sent
electronically must contain ``Docket No. 2003-CE-68-AD'' in the subject
line. If you send comments electronically as attached electronic files,
the files must be formatted in Microsoft Word 97 for Windows or ASCII.
You may get the service information identified in this proposed AD
from Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa PZL-
Bielsko, ul. Cieszynska 325, 43-300 Bielsko-Biala: telephone: +48 033
812 50 21; facsimile: +48 033 812 37 39.
You may view the AD docket at FAA, Central Region, Office of the
Regional Counsel, Attention: Rules Docket No.

[[Page 21445]]

2003-CE-68-AD, 901 Locust, Room 506, Kansas City, Missouri 64106.
Office hours are 8 a.m. to 4 p.m., Monday through Friday, except
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Greg 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 ``AD
Docket No. 2003-CE-68-AD'' in the subject line of your comments. If you
want us to acknowledge receipt of your mailed comments, send us a self-
addressed, stamped postcard with the docket number written on it. We
will date-stamp your postcard and mail it back to you.
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.

Discussion

What events have caused this proposed AD? The General Inspectorate
of Civil Aviation (GICA), which is the airworthiness authority for
Poland recently notified FAA that an unsafe condition may exist on all
PZL-Bielsko Model SZD-50-3 ``Puchacz'' sailplanes. The GICA reports
that cracks were detected in the front bracket console mounted on the
fuselage front bulkhead.
What are the consequences if the condition is not corrected? This
condition, if not detected and corrected, could cause the fuselage
front bulkhead to fail. Failure of the fuselage front bulkhead could
result in loss of control of the sailplane.
Is there service information that applies to this subject?
Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa PZL-Bielsko
(PDPS ``PZL-Bielsko'') has issued Mandatory Bulletin No. BE-048/SZD-50-
3/2000 ``Puchacz,'' dated June 6, 2000, and Mandatory Bulletin No. BE-
049/SZD-50-3/2000 ``Puchacz,'' dated September 14, 2000.
What are the provisions of this service information? These service
bulletins include procedures for:

--Repetitively inspecting the front and back of the fuselage front
bulkhead attachment fitting for cracks; and
--Replacing the attachment fitting on the fuselage front bulkhead if
any cracks are found.

What action did the GICA take? The GICA classified these service
bulletins as mandatory and issued Republic of Poland AD Number SP-0059-
2000-A, dated June 5, 2000, and AD Number SP-0094-2000-A, dated
September 18, 2000, to ensure the continued airworthiness of these
sailplanes in Poland.
Did the GICA inform the United States under the bilateral
airworthiness agreement? These PZL-Bielsko Model SZD-50-3 ``Puchacz''
sailplanes are manufactured in Poland 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 GICA 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 GICA'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 PZL-Bielsko Model SZD-50-3 ``Puchacz'' sailplanes
of the same type design that are registered in the United States, we
are proposing AD action to detect and correct cracks in the fuselage
front bulkhead, which could result in structural failure of the
bulkhead. This failure could lead to loss of control of the sailplane.
Is there a modification I can incorporate instead of repetitively
inspecting the front and back of the fuselage front bulkhead attachment
fitting for cracks? The FAA has determined that long-term continued
operational safety would be better assured by design changes that
remove the source of the problem rather than by repetitive inspections
or other special procedures. With this in mind, FAA will continue to
work with PZL-Bielsko in performing further tests to determine the
cause of the cracking and to provide a corrective action that would
terminate the need for repetitive inspections.
What would this proposed AD require? This proposed AD would require
you to incorporate the actions in the previously-referenced service
bulletins.
What is the difference between this proposed AD and the service
information? The manufacturer's service information allows continued
flight if cracks are found in the fuselage front bulkhead attachment
fitting that do not exceed certain limits. The applicable service
bulletin specifies replacement of the fuselage front bulkhead
attachment fitting only if cracks are found exceeding this limit. This
proposed AD would not allow continued flight if any crack is found. FAA
policy is to disallow airplane operation when known cracks exist in
primary structure, unless the ability to sustain ultimate load with
these cracks is proven. The fuselage front bulkhead is considered
primary structure, and the FAA has not received any analysis to prove
that ultimate load can be sustained with cracks in this area.
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 8 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 this proposed inspection:

[[Page 21446]]

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Total cost per
Labor cost Parts cost sailplane Total cost on U.S. operators
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2 workhours x $65 per hour = $130 Not applicable $130 $130 x 8 = $1,040
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We estimate the following costs to accomplish any necessary
replacement that would be required based on the results of this
proposed inspection. We have no way of determining the number of
sailplanes that may need such a replacement:

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Labor cost Parts cost Total cost per sailplane
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10 workhours x $65 per hour = $650............. $680 $650 + $680 = $1,330
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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. 2003-CE-68-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:

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):

Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa ``PZL-
Bielsko'': Docket No. 2003-CE-68-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 May 24, 2004.

What Other ADs Are Affected by This Action?

(b) None.

What Sailplanes Are Affected by This AD?

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 Poland.
We are issuing this proposed AD to detect and correct cracks in the
fuselage front bulkhead attachment fitting, which could result in
structural failure of the bulkhead. 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) Using a fluorescent dye- Within the next 25 Follow
penetrant or dye-check hours time-in- Przedsiebiorstwo
method, inspect the front service (TIS) after Do[sacute]wiadczaln
and back of the fuselage the effective date o-Produkcyjne
front bulkhead attachment of this AD. Szybownictwa PZL-
fitting for cracks. Repetitively Bielsko (PDPS ``PZL-
inspect thereafter Bielsko'')
at intervals not to Mandatory Bulletin
exceed 12 calendar No. BE-048/SZD-50-3/
months. 2000 ``Puchacz'',
dated June 6, 2000.
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(2) If cracks are found Prior to further Follow
during any inspection flight after any Przedsiebiorstwo
required in paragraph inspection required Do[sacute]wiadczaln
(e)(1) of this AD, replace in paragraph (e)(1) o-Produkcyjne
the fuselage front bulkhead of this AD in which Szybownictwa PZL-
attachment fitting. cracks are found. Bielsko (SZD ``PZL-
Bielsko'')
Mandatory Bulletin
No. BE-049/SZD-50-3/
2000 ``Puchacz'',
dated September 14,
2000.
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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 Greg 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 Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa PZL-
Bielsko, ul. Cieszynska 325, 43-300 Bielsko-Biala: telephone: +48
033 812 50 21; facsimile: +48 033 812 37 39. You may view these
documents at FAA, Central Region,

[[Page 21447]]

Office of the Regional Counsel, 901 Locust, Room 506, Kansas City,
Missouri 64106.

Is There Other Information That Relates to This Subject?

(h) Republic of Poland AD Number SP-0059-2000-A, dated June 5,
2000, and AD Number SP-0094-2000-A, dated September 18, 2000, also
address the subject of this AD.

Issued in Kansas City, Missouri, on April 15, 2004.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-9018 Filed 4-20-04; 8:45 am]

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