[Federal Register Volume 69, Number 198 (Thursday, October 14, 2004)]
[Rules and Regulations]
[Pages 60954-60956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22812]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-68-AD; Amendment 39-13823; AD 2004-21-02]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA adopts a new airworthiness directive (AD) for all 
Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa ``PZL-Bielsko'' 
(PZL-Bielsko) Model SZD-50-3 ``Puchacz'' sailplanes. This AD requires 
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 AD is the result of mandatory 
continuing airworthiness information (MCAI) issued by the airworthiness 
authority for Poland. We are issuing this 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: This AD becomes effective on November 29, 2004.
    As of November 29, 2004, the Director of the Federal Register 
approved the incorporation by reference of certain publications listed 
in the regulation.

ADDRESSES: You may get the service information identified in this AD 
from Przedsiebiorstwo Do[sacute]wiadczalno-Produkcyjne Szybownictwa 
PZL-Bielsko, ul. Cieszy[nacute]ska 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. 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:

[[Page 60955]]

Discussion

    What events have caused this 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 is the potential impact if FAA took no action? 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.
    Has FAA taken any action to this point? We issued a proposal to 
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to 
include an AD that would apply to all PZL-Bielsko Model SZD-50-3 
``Puchacz'' sailplanes. This proposal was published in the Federal 
Register as a notice of proposed rulemaking (NPRM) on April 21, 2004 
(69 FR 21444). The NPRM proposed to require you to repetitively inspect 
the front and back of the fuselage front bulkhead attachment fitting 
for cracks, and replace any cracked attachment fitting found.
    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 is the difference between this 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 AD will not allow continued 
flight if any crack is found. FAA policy is to disallow sailplane 
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.

Comments

    Was the public invited to comment? We provided the public the 
opportunity to participate in developing this AD. We received no 
comments on the proposal or on the determination of the cost to the 
public.

Conclusion

    What is FAA's final determination on this issue? We have carefully 
reviewed the available data and determined that air safety and the 
public interest require adopting the AD as proposed except for minor 
editorial corrections. We have determined that these minor corrections:

--Are consistent with the intent that was proposed in the NPRM for 
correcting the unsafe condition; and
--Do not add any additional burden upon the public than was already 
proposed in the NPRM.

Changes to 14 CFR Part 39--Effect on the AD

    How does the revision to 14 CFR part 39 affect this AD? On July 10, 
2002, the FAA published a new version of 14 CFR part 39 (67 FR 47997, 
July 22, 2002), which governs the 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 does this AD impact? We estimate that this AD 
affects 8 sailplanes in the U.S. registry.
    What is the cost impact of this AD on owners/operators of the 
affected sailplanes? We estimate the following costs to accomplish the 
inspection:

----------------------------------------------------------------------------------------------------------------
                                                                Total cost per
           Labor cost                     Parts cost              sailplane       Total cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
2 workhours x $65 per hour =     Not applicable..............            $130   $130 x 8 = $1,040.
 $130.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to accomplish any necessary 
replacement that will be required based on the results of this 
inspection. We have no way of determining the number of sailplanes that 
may need such a replacement:

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

Regulatory Findings

    Will this AD impact various entities? We have 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.
    Will this AD involve a significant rule or regulatory action? 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 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 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.

[[Page 60956]]

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 Federal Aviation Administration amends part 39 of the Federal 
Aviation Regulations (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. FAA amends Sec.  39.13 by adding a new AD to read as follows:

2004-21-02 Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa 
``PZL-Bielsko'': Amendment 39-13823; Docket No. 2003-CE-68-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on November 29, 2004.

What Other ADs Are Affected by This Action?

    (b) None.

What Sailplanes Are Affected by This AD?

    (c) This AD affects Model SZD-50-3 ``Puchacz'' sailplanes, all 
serial numbers, that are certificated in any category.

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 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:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Using a flouorescent 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      November 29, 2004     o-Produkcyjne
 front bulkhead attachment     (the effective date   Szybownictwa PZL-
 fitting for cracks.           of this AD).          Bielsko (PDPS ``PZL-
                               Repetitively          Bielsko'')
                               inspect thereafter    Mandatory Bulletin
                               at intervals not to   No. BE-048/SZD-50-3/
                               exceed 12 calendar    2000 ``Puchacz'',
                               months.               dated June 6, 2000.
(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 (PDPS ``PZL-
                               After replacing the   Bielsko'')
                               fuselage front        Mandatory Bulletin
                               bulkhead attachment   No. BE-049/SZD-50-3/
                               fitting, continue     2000 Puchacz'',
                               with the repetitive   dated September 14,
                               inspections           2000.
                               required in
                               paragraph (e)(1) of
                               this AD.
------------------------------------------------------------------------

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.

Does This AD Incorporate Any Material by Reference?

    (g) You must do the actions required by this AD following the 
instructions in Przedsiebiorstwo Do[sacute]wiadczalno-Produkcyjne 
Szybownictwa PZL-Bielsko (PDPS ``PZL-Bielsko'') Mandatory Bulletin 
No. BE-048/SZD-50-3/2000 ``Puchacz'', dated June 6, 2000; and 
Przedsiebiorstwo Do[sacute]wiadczalno-Produkcyjne Szybownictwa PZL-
Bielsko (PDPS ``PZL-Bielsko'') Mandatory Bulletin No. BE-049/SZD-50-
3/2000 ``Puchacz'', dated September 14, 2000. The Director of the 
Federal Register approved the incorporation by reference of this 
service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. You may get a copy from Przedsiebiorstwo Do[sacute]wiadczalno-
Produkcyjne Szybownictwa PZL-Bielsko, ul. Cieszy[nacute]ska 325, 43-
300 Bielsko-Biala: telephone: +48 033 812 50 21; facsimile: +48 033 
812 37 39. You may review copies at FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 
64106; or 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.

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 October 5, 2004.
Dorenda D. Baker,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 04-22812 Filed 10-13-04; 8:45 am]
BILLING CODE 4910-13-P