34406 Federal Register / Vol. 79, No. 116 / Tuesday, June 17, 2014 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0180; Directorate 

Identifier 2014–CE–004–AD; Amendment 

39–17869; AD 2014–12–08] 

RIN 2120–AA64 

Airworthiness Directives; 

Przedsiebiorstwo DoswiadczalnoProdukcyjne Szybownictwa ‘‘PZLBielsko’’ Model SZD–50–3 ‘‘Puchacz’’ 

Sailplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are superseding 

Airworthiness Directive (AD) 2004–11– 

10 for Przedsiebiorstwo DoswiadczalnoProdukcyjne Szybownictwa ‘‘PZLBielsko’’ Model SZD–50–3 ‘‘Puchacz’’ 

sailplanes. This AD results from 

mandatory continuing airworthiness 

information (MCAI) issued 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 fatigue 

damage of the welded joint between the 

airbrake torque tube and the airbrake 

control system lever located inside the 

fuselage. We are issuing this AD to 

require actions to address the unsafe 

condition on these products. 

DATES: This AD is effective July 22, 

2014. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of July 22, 2014. 

ADDRESSES: You may examine the AD 

docket on the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2014– 

0180; or in person at the Docket 

Management Facility, U.S. Department 

of Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

For service information identified in 

this AD, contact Allstar PZL Glider, Sp. 

z o. o., ul. Cieszynska 325, 43–300 

Bielsko-Biala, Poland; telephone: +48 33 

812 50 26; fax: +48 33 812 3739; email: 

techsupport@szd.com.pl; Internet: 

http://szd.com.pl/en/products/szd-50-3- 

puchacz. You may view this referenced 

service information at the FAA, Small 

Airplane Directorate, 901 Locust, 

Kansas City, Missouri 64106. For 

information on the availability of this 

material at the FAA, call (816) 329– 

4148. 

FOR FURTHER INFORMATION CONTACT: Jim 

Rutherford, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4165; fax: (816) 

329–4090; email: jim.rutherford@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to add an AD that would apply 

to Przedsiebiorstwo DoswiadczalnoProdukcyjne Model SZD–50–3 

‘‘Puchacz’’ airplanes. The NPRM was 

published in the Federal Register on 

March 25, 2014 (79 FR 16248), and 

proposed to supersede AD 2004–11–10, 

Amendment 39–13656 (69 FR 31872, 

June 8, 2004). 

The NPRM proposed to correct an 

unsafe condition for the specified 

products and was based on mandatory 

continuing airworthiness information 

(MCAI) originated by an aviation 

authority of another country. The MCAI 

states that: 

Several occurrences of airbrake torque tube 

failure were reported on SZD–50–3 

‘‘Puchacz’’ sailplanes. In all cases, as a result 

of disruption of the welded joint between 

torque tube and the lever, the broken torque 

tube detached from the lever located in the 

fuselage. The result of subsequent 

investigations identified fatigue damage, as a 

consequence of periodical striking load 

exceeding the established maximum value, to 

be a possible failure cause. Additionally, 

corrosion damage was identified at internal 

surface of the opened tube. 

This condition, if not detected and corrected, 

would inhibit the function of the airbrake, 

possibly resulting in reduced control of the 

sailplane. 

Prompted by these findings, Allstar PZL 

issued Service Bulletin (SB) No. BE–052/

SZD–50–3/2003 to provide inspection 

instructions. CAO of Poland issued AD SP– 

0052–2003–A to require a one-time 

inspection of the airbrake torque tube in the 

area of welded joint in accordance with that 

SB. 

Since that AD was issued, Allstar PZL issued 

SB No. BE–062/SZD–50–3/2013 to introduce 

repetitive inspections and accomplishment 

instructions for reinforced torque tube 

inspections. 

For the reasons described above, this AD 

supersedes CAO of Poland AD SP–0052– 

2003–A and requires repetitive inspections of 

the airbrake torque tube and, depending on 

findings, replacement with a serviceable part. 

The MCAI can be found in the AD 

docket on the Internet at: http://

www.regulations.gov/

#!documentDetail;D=FAA-2014-0180- 

0002. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Conclusion 

We reviewed the relevant data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed except for minor editorial 

changes. We have determined that these 

minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM (79 FR 

16248, March 25, 2014) for correcting 

the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (79 FR 16248, 

March 25, 2014). 

Costs of Compliance 

We estimate that this AD will affect 5 

products of U.S. registry. We also 

estimate that it would take about 5 

work-hours for the annual inspection of 

sailplanes equipped with the old 

version torque tube; 1 work-hour for the 

annual inspection of sailplanes 

equipped with the new version torque 

tube; and 5 work-hours for the 1,000- 

hour annual inspection of sailplanes 

equipped with the new version torque 

tube. The average labor rate is $85 per 

work-hour. 

In addition, we estimate that any 

necessary follow-on actions would take 

about 5 work-hours and require parts 

costing $875, for a cost of $1,300 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. 


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Federal Register / Vol. 79, No. 116 / Tuesday, June 17, 2014 / Rules and Regulations 34407 

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 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), 

(3) Will not affect intrastate aviation 

in Alaska, and 

(4) 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. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2014– 

0180; 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 the NPRM, 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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by 

removing Amendment AD 2004–11–10, 

Amendment 39–13656 (69 FR 31872, 

June 8, 2004) and adding the following 

new AD: 

2014–12–08 Przedsiebiorstwo 

Doswiadczalno-Produkcyjne 

Szybownictwa ‘‘PZL-Bielsko’’: 

Amendment 39–17869; Docket No. 

FAA–2014–0180; Directorate Identifier 

2014–CE–004–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective July 22, 2014. 

(b) Affected ADs 

This AD supersedes AD 2004–11–10, 

Amendment 39–13656 (69 FR 31872; June 8, 

2004). 

(c) Applicability 

This AD applies to Przedsiebiorstwo 

Doswiadczalno-Produkcyjne Szybownictwa 

‘‘PZL-Bielsko’’ Model SZD–50–3 ‘‘Puchacz’’ 

sailplanes, all serial numbers, certificated in 

any category. 

(d) Subject 

Air Transport Association of America 

(ATA) Code 27: Flight Controls. 

(e) Reason 

This AD was prompted by 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 fatigue damage of the 

welded joint between the airbrake torque 

tube and the airbrake control system lever 

located inside the fuselage. We are issuing 

this AD to detect and correct fatigue damage 

of the airbrake torque tube and the airbrake 

control system lever, which may cause a 

malfunction of the airbrake, resulting in loss 

of control of the sailplane. 

(f) Actions and Compliance 

Unless already done, do the following 

actions in paragraphs (f)(1) through (f)(6) of 

this AD: 

(1) For sailplanes equipped with the old 

version torque tube, with or without 

reinforced corner: Initially within 30 days 

after July 22, 2014 (the effective date of this 

AD) and repetitively thereafter at intervals 

not to exceed every 12 months or 100 hours 

time-in-service (TIS), whichever occurs first, 

do a detailed inspection of the airbrake 

torque tube following the inspection 

procedures in paragraph (2)(b) in Allstar PZL 

Glider Sp. z o.o. Service Bulletin No. BE– 

062/SZD–50–3/2013 ‘‘PUCHACZ’’, Revision 

A, dated September 16, 2013. 

(2) For sailplanes equipped with the new 

type torque tube, with reinforced corner: 

Initially within 30 days after July 22, 2014 

(the effective date of this AD) and repetitively 

thereafter at intervals not to exceed every 12 

months or 100 hours TIS, whichever occurs 

first, visually inspect the welded joint of the 

airbrake torque tube following the conditions 

of inspection, first bulleted item of paragraph 

(2)(a)(2), in Allstar PZL Glider Sp. z o.o. 

Service Bulletin No. BE–062/SZD–50–3/2013 

‘‘PUCHACZ’’, Revision A, dated September 

16, 2013. 

(3) For sailplanes equipped with the new 

type torque tube, with reinforced corner: 

During the first 1,000-hour inspection after 

July 22, 2014 (the effective date of this AD), 

and then repetitively at each scheduled 

1,000-hour inspection, do a detailed 

inspection of the welded joint of the airbrake 

torque tube following the inspection 

procedures in paragraph (2)(b) in Allstar PZL 

Glider Sp. z o.o. Service Bulletin No. BE– 

062/SZD–50–3/2013 ‘‘PUCHACZ’’, Revision 

A, dated September 16, 2013. 

(4) For all sailplanes: If during any 

inspection required by paragraph (f)(1), (f)(2), 

or (f)(3) of this AD any damage is found as 

detailed in paragraph (2)(c) of PZL Glider Sp. 

z o.o. Service Bulletin No. BE–062/SZD–50– 

3/2013 ‘‘PUCHACZ’’, Revision A, dated 

September 16, 2013, before further flight, 

replace the airbrake torque tube as described 

in the Post-inspection procedures, paragraph 

(2)(c), of Allstar PZL Glider Sp. z o.o. Service 

Bulletin No. BE–062/SZD–50–3/2013 

‘‘PUCHACZ’’, Revision A, dated September 

16, 2013. 

(5) For all sailplanes: Replacement of an 

airbrake torque tube, as required by 

paragraph (f)(4) of this AD, does not 

constitute terminating action for inspection 

requirements of paragraphs (f)(1), (f)(2), and 

(f)(3) of this AD. 

(6) For all sailplanes: Compliance with the 

requirements of paragraphs (f)(1), (f)(2), or 

(f)(3) of this AD can be demonstrated by 

incorporating the applicable required 

inspections and follow-on corrective actions, 

as specified in Allstar PZL Glider Sp. z o.o. 

Service Bulletin No. BE–062/SZD–50–3/2013 

‘‘PUCHACZ’’, Revision A, dated September 

16, 2013, into the approved instructions for 

continued airworthiness (ICA) of the 

maintenance program. 

(g) Other FAA AD Provisions 

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: Jim Rutherford, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4165; fax: (816) 329– 

4090; email: jim.rutherford@faa.gov. 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. 

(h) Related Information 

Refer to MCAI European Aviation Safety 

Agency (EASA) AD No.: 2014–0015, dated 

January 14, 2014, for related information. The 

MCAI can be found in the AD docket on the 

Internet at: http://www.regulations.gov/

#!documentDetail;D=FAA-2014-0180-0002. 

(i) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 


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34408 Federal Register / Vol. 79, No. 116 / Tuesday, June 17, 2014 / Rules and Regulations 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Allstar PZL Glider Sp. z o.o. Service 

Bulletin No. BE–062/SZD–50–3/2013 

‘‘PUCHACZ’’, Revision A, dated September 

16, 2013. 

(ii) Reserved. 

(3) For Przedsiebiorstwo DoswiadczalnoProdukcyjne Szybownictwa ‘‘PZL-Bielsko’’ 

Model SZD–50–3 ‘‘Puchacz’’ service 

information identified in this AD, contact 

Allstar PZL Glider, Sp. z o. o., ul. Cieszynska 

325, 43–300 Bielsko-Biala, Poland; 

telephone: +48 33 812 50 26; fax: +48 33 812 

3739; email: techsupport@szd.com.pl; 

Internet: http://szd.com.pl/en/products/szd50-3-puchacz. 

(4) You may view this service information 

at the FAA, Small Airplane Directorate, 901 

Locust, Kansas City, Missouri 64106. For 

information on the availability of this 

material at the FAA, call (816) 329–4148. 

(5) You may view this service information 

that is incorporated by reference 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/cfr/ibrlocations.html. 

Issued in Kansas City, Missouri, on June 6, 

2014. 

Timothy Smyth, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2014–13839 Filed 6–16–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 742, 754 and 774 

[Docket No. 140121058–4058–01] 

RIN 0694–AG06 

Update of Short Supply Export 

Controls: Unprocessed Western Red 

Cedar, Crude Oil, and Petroleum 

Products 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) publishes this final rule 

to amend two supplements in the 

Export Administration Regulations 

(EAR), which contain lists of controlled 

crude oil and petroleum products 

(produced or derived from the Naval 

Petroleum Reserve (NPR)) and 

unprocessed western red cedar, 

respectively. These lists provide 

relevant Census Bureau Schedule B 

commodity numbers and associated 

commodity descriptions of these short 

supply commodities. Many of the 

Schedule B commodity numbers and 

associated commodity descriptions 

listed prior to publication of this rule in 

the two supplements are now obsolete. 

This rule updates the lists in the two 

supplements to remove obsolete 

descriptions and Schedule B commodity 

numbers, and to add relevant 

descriptions and Schedule B commodity 

numbers for these short supply 

commodities. This rule also clarifies the 

description of petroleum products in 

other sections of the EAR to ensure 

those references are current. This rule 

will not alter or otherwise affect BIS’s 

current enforcement practice with 

respect to the EAR’s controls on 

unprocessed western red cedar or crude 

oil and petroleum products. 

DATES: Effective date is June 17, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Gerard Horner, Director, Office of 

Technology Evaluation, Bureau of 

Industry and Security, Department of 

Commerce, Phone: (202) 482–2078 or by 

email at Gerard.Horner@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The ‘‘Harmonized System 

Classification’’ is a six-digit 

standardized numerical method of 

classifying traded products. Harmonized 

System numbers are used by customs 

authorities around the world to identify 

products for the application of duties 

and taxes. The United States has 

adopted the Harmonized System as the 

basis of both its export classification 

system, referred to as Schedule B, and 

its import classification system, called 

the Harmonized Tariff Schedule (HTS). 

The first six digits of the commodity 

numbers for a product listed on the HTS 

and the Schedule B are identical to one 

another with respect to descriptions and 

codes. 

Schedule B numbers are administered 

and used by the U.S. Commerce 

Department, Census Bureau, Foreign 

Trade Division to collect and publish 

U.S. export statistics. Schedule B 

numbers are required to be reported in 

the Automated Export System (AES) for 

all export transactions originating in the 

United States. There is a Schedule B 

commodity number for every physical 

product, from paperclips to airplanes, 

that are exported from the United States 

to foreign countries. According to the 

introduction to the Schedule B, which 

provides for definitions of commonlyused terms and a guide to interpreting 

and using the Schedule B, the term 

‘‘headings’’ refers to the article 

descriptions appearing in Schedule B at 

the four-digit level; the term 

‘‘subheading’’ refers to any article 

description indented thereunder. A 

reference to ‘‘headings’’ also 

encompasses the subheadings indented 

thereunder. The Schedule B 2014 may 

be found at http://www.census.gov/

foreign-trade/schedules/b/2014/

index.html. There is no direct 

correlation between Schedule B 

commodity numbers and the Commerce 

Control List Export Control 

Classification Numbers (ECCNs). 

The Bureau of Industry and Security 

(BIS) regulates the export of 

unprocessed western red cedar, crude 

oil, and petroleum products (that were 

produced or derived from the Naval 

Petroleum Reserves (NPR) or became 

available for export as a result of an 

exchange of any NPR-produced or 

derived commodities) under the Export 

Administration Regulations’ (EAR) short 

supply controls. A license is required 

for exports of these commodities to all 

destinations, including Canada. 

For the convenience of exporters, BIS 

created Supplement No. 1 and 

Supplement No. 2 to part 754 in the 

EAR to illustrate the Schedule B 

commodity numbers that could apply to 

crude oil, petroleum products, and 

unprocessed western red cedar 

controlled under the EAR. The Schedule 

B numbers in Supplement No. 1 to part 

754 (crude oil and petroleum products) 

were based on the 1994 version of the 

Schedule B of commodity 

classifications. The Schedule B numbers 

in Supplement No. 2 to part 754 

(unprocessed western red cedar) were 

based on versions of the Schedule B 

from the 1980’s. The current version 

applicable to all of these commodities is 

Schedule B 2014. 

This rule updates the lists in the two 

supplements to remove obsolete 

descriptions and Schedule B commodity 

numbers and add relevant descriptions 

and Schedule B commodity numbers for 

these short supply commodities. This 

rule also clarifies the description of 

petroleum products in other sections of 

the EAR to ensure those references are 

current. 

Supplement No. 1 to Part 754— 

Petroleum and Petroleum Products 

Supplement No. 1 to part 754 of the 

EAR contains a total of 43 Schedule B 

numbers, two for crude oil and 41 for 

petroleum products. Significant 

modifications to Schedule B numbers 

have taken place over the years. After 

twenty years, all Schedule B numbers, 

except one (2804.29.0010 for ‘‘Helium’’) 

are now either obsolete or have 

undergone modifications to the 

commodity descriptions in the Schedule 


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