Federal Register, Volume 75 Issue 65 (Tuesday, April 6, 2010)

[Federal Register Volume 75, Number 65 (Tuesday, April 6, 2010)]
[Rules and Regulations]
[Pages 17295-17297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7591]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0357; Directorate Identifier 2010-CE-017-AD; 
Amendment 39-16256; AD 2010-08-01]
RIN 2120-AA64


Airworthiness Directives; Aircraft Industries a.s. Model L 23 
Super Blanik Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

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:

    Cracks on the stabilizer elevator inner hinges of seven L 23 
SUPERBLAN[Iacute]K sailplanes have been detected during an 
inspection.
    This condition, if not corrected, could result in no longer 
retaining the elevator in place and in jamming of the Pilot's 
elevator control system, and subsequent loss of elevator control.

    This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective April 26, 2010.
    On April 26, 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 May 21, 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 EASA 
Emergency AD No.: 2010-0037-E, dated March 8, 2010 (referred to after 
this as ``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    Cracks on the stabilizer elevator inner hinges of seven L 23 
SUPERBLAN[Iacute]K sailplanes have been detected during an 
inspection.
    This condition, if not corrected, could result in no longer 
retaining the elevator in place and in jamming of the Pilot's 
elevator control system, and subsequent loss of elevator control.
    For the reasons stated above, this Emergency AD requires the 
inspection of the elevator inner hinges, and the accomplishment of 
the relevant corrective actions as necessary.

    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.: L23/
052a, dated March 2, 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.
    This AD is considered an interim action because we are not 
including the action that you repetitively inspect the elevator inner 
hinges on the stabilizer at intervals not to exceed every 1,000 hours 
time-in-service (TIS). The Administrative Procedure Act does not permit 
the FAA to ``bootstrap'' a long-term requirement into an urgent safety 
of flight action where the rule becomes effective at the same time the 
public has the opportunity to comment. The short-term action and the 
long-term action are analyzed separately for justification to bypass 
prior public notice.
    After issuing this AD, we may initiate further AD action (notice of 
proposed rulemaking followed by a final rule) to require that you 
repetitively inspect the elevator inner hinges on the stabilizer at 
intervals not to exceed every 1,000 hours TIS. Credit will be given in 
any subsequent action for the initial inspection done under this AD.

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

[[Page 17296]]

the flying public justifies waiving notice and comment prior to 
adoption of this rule because during inspection, cracks have been found 
on the stabilizer elevator inner hinges of seven Model L 23 Super 
Blanik gliders. This condition, if not corrected, could result in no 
longer retaining the elevator in its place and in jamming of the 
elevator control system and subsequent loss of elevator control. 
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-2010-0357; Directorate 
Identifier 2010-CE-017-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.

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:

2010-08-01 Aircraft Industries a.s.: Amendment 39-16256; Docket No. 
FAA-2010-0357; Directorate Identifier 2010-CE-017-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 
26, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models L 23 Super Blanik gliders, all 
serial numbers, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 55: 
Stabilizers.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Cracks on the stabilizer elevator inner hinges of seven L 23 
SUPERBLAN[Iacute]K sailplanes have been detected during an 
inspection.
    This condition, if not corrected, could result in no longer 
retaining the elevator in place and in jamming of the Pilot's 
elevator control system, and subsequent loss of elevator control.
    For the reasons stated above, this Emergency AD requires the 
inspection of the elevator inner hinges, and the accomplishment of 
the relevant corrective actions as necessary.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Before further flight as of April 26, 2010 (the effective 
date of this AD), inspect the elevator inner hinges on the 
stabilizer in accordance with paragraphs A.1., A.2. and A.4. of 
Aircraft Industries, a.s. Mandatory Bulletin MB No.: L23/052a, dated 
March 2, 2010.
    (2) If, as a result of the inspection required by paragraph 
(f)(1) of this AD, you find any elevator inner hinge on the elevator 
is cracked or damaged, before further flight, replace it in 
accordance with paragraphs A.3. and A.4. of Aircraft Industries, 
a.s. Mandatory Bulletin MB No.: L23/052a, dated March 2, 2010.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows:
    (1) The MCAI and the service information specify that you 
inspect the elevator inner hinges on the stabilizer, and if you find 
any elevator inner hinge on the elevator is cracked or damaged, 
before further flight, replace it. The MCAI also requires you to 
repetitively inspect the elevator inner hinges on the stabilizer at 
intervals not to exceed every 1,000 hours time-in-service (TIS).
    (2) This AD is considered an interim action because we are not 
including the mandatory repetitive inspection of the elevator inner 
hinges on the stabilizer at intervals not to exceed every 1,000 
hours TIS. The Administrative Procedure Act does not permit the FAA 
to ``bootstrap'' a long-term requirement into an urgent safety of 
flight action where the rule becomes effective at the same time the 
public has the opportunity to comment. The short-term action and the 
long-term action are analyzed separately for justification to bypass 
prior public notice.
    (3) After issuing this AD, we may initiate further AD action 
(notice of proposed rulemaking followed by a final rule) to require 
that you repetitively inspect the elevator inner hinges on the 
stabilizer at intervals not to exceed every 1,000 hours TIS. Credit 
will be given in any subsequent action for the initial inspection 
done under this AD.

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

[[Page 17297]]

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.: 2010-0037-E, dated 
March 8, 2010, and Aircraft Industries, a.s. Mandatory Bulletin MB 
No.: L23/052a, dated March 2, 2010, for related information.

Material Incorporated by Reference

    (i) You must use Aircraft Industries, a.s. Mandatory Bulletin MB 
No.: L23/052a, dated March 2, 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 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]honech1177, 686 04 Kunovice, 
Czech Republic; telephone: +420 572 817 660; fax: +420 572 816 112; 
E-mail: [email protected]; Internet: www.let.cz.
    (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 March 29, 2010.
Steven R. Thompson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-7591 Filed 4-5-10; 8:45 am]
BILLING CODE 4910-13-P