[Federal Register Volume 75, Number 133 (Tuesday, July 13, 2010)]
[Rules and Regulations]
[Pages 39795-39798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16382]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0684; Directorate Identifier 2010-CE-031-AD;
Amendment 39-16360; AD 2010-14-15]
RIN 2120-AA64
Airworthiness Directives; Aircraft Industries a.s. (Type
Certificate G60EU Previously Held by LETECK[Eacute] Z[Aacute]VODY a.s.
and LET Aeronautical Works) Model L-13 Blanik Gliders
AGENCY: Federal Aviation Administration (FAA), DOT.
[[Page 39796]]
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:
A fatal accident occurred to a L-13 BLAN[Iacute]K sailplane, in
which the main spar of the right wing failed near the root due to
positive load. The right wing detached from the aircraft and the
pilots lost control of the sailplane.
The preliminary investigation has revealed that the fracture may
have been due to fatigue.
This AD requires actions that are intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective July 19, 2010.
On July 19, 2010, 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 August 27, 2010.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
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.
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.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; 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: Greg Davison, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4130; fax: (816) 329-4090.
SUPPLEMENTARY INFORMATION:
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued
Emergency AD No.: 2010-0122-E, dated June 23, 2010 (referred to after
this as ``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:
A fatal accident occurred to a L-13 BLAN[Iacute]K sailplane, in
which the main spar of the right wing failed near the root due to
positive load. The right wing detached from the aircraft and the
pilots lost control of the sailplane.
The preliminary investigation has revealed that the fracture may
have been due to fatigue.
The Emergency AD 2010-0119-E required immediate inspection of
the main spar at the root of the wing to detect fatigue cracking and
the accomplishment of the relevant corrective actions as necessary.
In addition, this AD 2010-0119-E imposed operational limitations.
This AD retains the requirements of AD 2010-0119-E, which is
superseded, and extends the applicability to L-13 A BLAN[Iacute]K
sailplanes.
The requirements of this AD are considered as interim action to
immediately address this unsafe condition. If, as a result of the
on-going investigation, a terminating action is later identified,
further mandatory actions might be considered.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
Aircraft Industries a.s. has issued Mandatory Bulletin MB No.: L13/
109a, dated June 18, 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 a
fatal accident occurred in an L-13 Blanik glider. The main spar of the
right wing of the accident glider failed near the root due to positive
load. The right wing detached from the aircraft and the pilots lost
control. The preliminary investigation has revealed that the fracture
may have been due to fatigue. 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-2010-0684; Directorate
Identifier 2010-CE-031-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 http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.
[[Page 39797]]
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
0
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:
2010-14-15 Aircraft Industries a.s. (Type Certificate G60EU
Previously Held by LETECK[Eacute] Z[Aacute]VODY a.s. and LET
Aeronautical Works): Amendment 39-16360; Docket No. FAA-2010-0684;
Directorate Identifier 2010-CE-031-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective July 19,
2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Models L-13 Blanik gliders, all serial
numbers, certificated in any category.
Subject
(d) Air Transport Association of America (ATA) Code 57: Wings.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
A fatal accident occurred to a L-13 BLAN[Iacute]K sailplane, in
which the main spar of the right wing failed near the root due to
positive load. The right wing detached from the aircraft and the
pilots lost control of the sailplane.
The preliminary investigation has revealed that the fracture may
have been due to fatigue.
The Emergency AD 2010-0119-E required immediate inspection of
the main spar at the root of the wing to detect fatigue cracking and
the accomplishment of the relevant corrective actions as necessary.
In addition, this AD 2010-0119-E imposed operational limitations.
This AD retains the requirements of AD 2010-0119-E, which is
superseded, and extends the applicability to L-13 A BLAN[Iacute]K
sailplanes.
The requirements of this AD are considered as interim action to
immediately address this unsafe condition. If, as a result of the
on-going investigation, a terminating action is later identified,
further mandatory actions might be considered.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) As of July 19, 2010, aerobatics maneuvers (i.e., roll, loop,
stalled turn, immelmann turn, half roll, and inverted flight) are
prohibited. Before further flight after July 19, 2010, insert a copy
of this AD into the flight manual to comply with the requirements of
this paragraph. The chapter ``Aerobatics'' in ``Pilot's Notes for
the L-13 sailplane'' (flight manual) is not valid.
(2) Before further flight after July 19, 2010, inspect the wing
critical areas following Aircraft Industries a.s. Mandatory Bulletin
MB No.: L13/109a, dated June 18, 2010, except use a 10X magnifier.
(3) If any cracks are found during the inspection required by
paragraph (f)(2) of this AD, no further flights are permitted.
(4) Within 10 days after the inspection required by paragraph
(f)(2) of this AD, submit the following information requested by
Aircraft Industries a.s. Mandatory Bulletin MB No.: L13/109a, dated
June 18, 2010, for further assessment. Send information to the
address listed in paragraph (i)(2) of this AD.
(i) Appendix No. 1, Summary of L-13 glider Log book record; and
(ii) Paragraph H. RECORD IN GLIDER LOGBOOK AFTER BULLETIN
EXECUTION.
Note 1: The above limitation is an interim solution until a
final action is identified, at which time the European Aviation
Safety Agency (EASA) and the FAA may consider further AD action.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service
information as follows. The service information requires a visual
inspection with a 6X magnifier. We are requiring a 10X magnifier to
detect cracks that could go undetected using only a 6X magnifier.
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: Greg Davison, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4130; 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, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et.seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.
Related Information
(h) Refer to MCAI EASA Emergency AD No.: 2010-0122-E, dated June
23, 2010; and Aircraft Industries a.s. Mandatory Bulletin MB No.:
L13/109a, dated June 18, 2010, for related information.
Material Incorporated by Reference
(i) You must use Aircraft Industries a.s. Mandatory Bulletin MB
No.: L13/109a, dated June 18, 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
[[Page 39798]]
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 Z[aacute]honech 1177, 686 04 Kunovice,
Czech Republic; phone: +420 572 817 660; fax: +420 572 816 112;
Internet: http://www.let.cz/; e-mail: [email protected].
(3) You may review copies of the service information
incorporated by reference for this AD at the FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
Central Region, call (816) 329-3768.
(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: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Kansas City, Missouri, on June 28, 2010.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-16382 Filed 7-12-10; 8:45 am]
BILLING CODE 4910-13-P