[Federal Register Volume 75, Number 82 (Thursday, April 29, 2010)]
[Proposed Rules]
[Pages 22543-22545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9951]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0457; Directorate Identifier 2010-CE-019-AD]
RIN 2120-AA64
Airworthiness Directives; Aircraft Industries a.s. Model L 23
Super Blanik Gliders
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above that would supersede an existing AD. This
proposed AD results from mandatory continuing airworthiness information
(MCAI) originated by an 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[acute]s
elevator control system, and subsequent loss of elevator control.
The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by June 14, 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
[[Page 22544]]
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this proposed 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:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0457;
Directorate Identifier 2010-CE-019-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
On March 29, 2010, we issued AD 2010-08-01, Amendment 39-16256 (75
FR 17295; April 6, 2010). That AD required actions intended to address
an unsafe condition on the products listed above.
AD 2010-08-01, was issued as an interim action in order to address
the need for the immediate inspection of the elevator inner hinges on
the stabilizer.
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 EASA AD allows for repetitively inspecting the elevator inner
hinges on the stabilizer for cracks or damage at intervals not to
exceed every 1,000 hours time-in-service (TIS), and, if you find any
elevator inner hinge on the elevator is cracked or damaged, before
further flight, replacing it.
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 were analyzed separately for justification to bypass prior
public notice.
We are issuing this proposed AD to address the requirement that you
repetitively inspect the elevator inner hinges on the stabilizer at
intervals not to exceed every 1,000 hours TIS.
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 Proposed 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 proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.
Differences Between This Proposed 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 also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.
Costs of Compliance
We estimate that this proposed AD will affect 103 products of U.S.
registry. We also estimate that it would take about 2 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour.
Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $17,510, or $170 per product.
In addition, we estimate that any necessary follow-on actions would
take about 4 work-hours and require parts costing $500, for a cost of
$840 per product. We have no way of determining the number of products
that may need these actions.
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 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.
For the reasons discussed above, I certify this proposed
regulation:
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 regulatory evaluation of the estimated costs to
comply with this proposed 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.
[[Page 22545]]
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA 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 removing Amendment 39-16256 (75 FR
17295; April 6, 2010), and adding the following new AD:
Aircraft Industries a.s.: Docket No. FAA-2010-0457; Directorate
Identifier 2010-CE-019-AD.
Comments Due Date
(a) We must receive comments by June 14, 2010.
Affected ADs
(b) This AD supersedes AD 2010-08-01, Amendment 39-16256.
Applicability
(c) This AD applies to Model 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 6, 2010 (the effective
date of AD 2010-08-01), 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) Repetitively inspect thereafter 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, at intervals not to exceed every 1,000 hours time-in-
service.
(3) If, as a result of the inspection required by paragraph
(f)(1) or (f)(2) 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: No differences.
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.: 2010-0037-E, dated
March 8, 2010; and Aircraft Industries, a.s. Mandatory Bulletin MB
No.: L23/052a, dated March 2, 2010, for related information.
Issued in Kansas City, Missouri, on April 22, 2010.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-9951 Filed 4-28-10; 8:45 am]
BILLING CODE 4910-13-P