Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Rules and Regulations 75225

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, Wichita Aircraft Certification Office 

(ACO), FAA. For information on any already 

approved alternative methods of compliance, 

contact Philip Petty, Aerospace Engineer, 

ACE–119W, Wichita Aircraft Certification 

Office, 1801 Airport Road, Room 100, 

Wichita, Kansas 67209; telephone: (316) 946–

4139; facsimile: (316) 946–4107. 

Does This AD Incorporate Any Material by 

Reference? 

(g) You must do the actions required by 

this AD following the instructions in 

Raytheon Aircraft Company Mandatory 

Service Bulletin SB 32–3678, dated June 

2004. 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. To get a 

copy of this service information, contact 

Raytheon Aircraft Company, P.O. Box 85, 

Wichita, Kansas 67201–0085; telephone: 

(800) 625–7043. To review copies of this 

service information, go to the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at NARA, go to: http://

www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html or call (202) 741–6030. To 

view the AD docket, go to the Docket 

Management Facility; U.S. Department of 

Transportation, 400 Seventh Street, SW., 

Nassif Building, Room PL–401, Washington, 

DC 20590–001 or on the Internet at http://

dms.dot.gov. The docket number is FAA–

2004–19119.

Issued in Kansas City, Missouri, on 

December 6, 2004. 

David R. Showers, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–27195 Filed 12–15–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. FAA–2004–18034; Directorate 

Identifier 2004–CE–18–AD; Amendment 39–

13905; AD 2004–25–17] 

RIN 2120–AA64

Airworthiness Directives; LETECKE ́

ZA ́ VODY Model L 23 SUPER—BLANIK 

Sailplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: The FAA adopts a new 

airworthiness directive (AD) for certain 

LETECKE ́ ZA ́ VODY Model L 23 

SUPER—BLANIK sailplanes. This AD 

requires you to do a repetitive, nondestructive magnetic test (NDMT) 

inspection on the elevator rocker lever 

(part number A 730 201 N) for cracks. 

If cracks are found, this AD also requires 

you to return the part to the 

manufacturer. The manufacturer will 

send you a replacement part for 

installation. Installing the improved 

replacement part terminates the need for 

the repetitive inspections. This AD is 

the result of mandatory continuing 

airworthiness information (MCAI) 

issued by the airworthiness authority for 

the Czech Republic. We are issuing this 

AD to prevent failure of the elevator 

rocker lever caused by cracks that 

resulted from a defect in prior 

manufacturing procedures. Such failure 

could lead to loss of control of the 

sailplane.

DATES: This AD becomes effective on 

January 28, 2005. 

As of January 28, 2005, the Director of 

the Federal Register approved the 

incorporation by reference of certain 

publications listed in the regulation.

ADDRESSES: To get the service 

information identified in this AD, 

contact LETECKE ́ ZA ́ VODY a.s., 686 04 

Kunovice 1177, Czech Republic. To 

review this service information, go to 

the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, go to: http://

www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html or call (202) 741–

6030. 

To view the AD docket, go to the 

Docket Management Facility; U.S. 

Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0001 or on the Internet at http://

dms.dot.gov. The docket number is 

FAA–2004–18034.

FOR FURTHER INFORMATION CONTACT:

Gregory A. 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: 

Discussion 

What events have caused this AD?

The Civil Aviation Authority (CAA), 

which is the airworthiness authority for 

the Czech Republic, recently notified 

FAA that an unsafe condition may exist 

on certain LETECKE ́ ZA ́ VODY Model L 

23 SUPER—BLANIK sailplanes. The 

CAA reports that, during an accident 

investigation, cracks were found on the 

elevator rocker lever. 

The manufacturer has identified a 

problem with its quality control 

inspection procedures during the 

production of the original elevator 

rocker lever part prior to January 2004. 

Micro-cracks or voids were not detected 

when the parts left production and were 

installed on the affected sailplanes. 

These discrepancies may cause fatigue 

failure of the elevator rocker lever.

In January 2004, the manufacturer 

changed its manufacturing process and 

is currently replacing any existing 

defective elevator rocker levers within 

the specified affected sailplanes. 

What is the potential impact if FAA 

took no action? If not detected and 

corrected, cracks in the elevator rocker 

lever could cause the lever to fail. Such 

failure 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 certain 

LETECKE ́ ZA ́ VODY Model L 23 

SUPER—BLANIK sailplanes. This 

proposal was published in the Federal 

Register as a notice of proposed 

rulemaking (NPRM) on September 2, 

2004 (69 FR 53655). The NPRM 

proposed to require you to do a 

repetitive, non-destructive magnetic test 

(NDMT) inspection on the elevator 

rocker lever (part number A 730 201 N) 

for cracks. If cracks are found, the 

NPRM also proposed to require you to 

return the part to the manufacturer. The 

manufacturer will send you a 

replacement part for installation. 

Installing the improved replacement 

part would terminate the need for the 

repetitive inspections. 

What is the difference between this 

AD and the CAA AD? The CAA AD 

requires doing the initial inspection 

prior to further flight after the effective 

date of this AD. We are requiring that 

you do the initial inspection within the 

next 25 hours time-in-service (TIS) after 

the effective date of this AD. 

We do not have justification to require 

this action prior to further flight. We use 

compliance times such as this when we 

have identified an urgent safety of flight 

situation. We believe that 25 hours TIS 

will give the owners or operators of the 

affected sailplanes enough time to have 

the actions required by this AD done 

without compromising the safety of the 

sailplanes. 

75226 Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Rules and Regulations 

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 

103 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 inspections:

Labor cost Parts cost Total cost

per sailplane 

Total cost on U.S.

operators 

2 workhours × $65 per hour = $130 ................................................ Not applicable ............................. $130 $130 × 103 = $13,390. 

We estimate the following costs to accomplish any necessary replacements that will be required based on the results 

of the inspections. We have no way of determining the number of sailplanes that may need this replacement:

Labor cost Parts cost Total cost per sailplane 

2 workhours × $65 = $130 ................................................... Parts provided by the manufacturer at no cost .................. $130 × 103 = $13,390. 

Authority for this Rulemaking 

What authority does FAA have for 

issuing this rulemaking action? 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 AD. 

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 ‘‘Docket No. FAA–2004–18034; 

Directorate Identifier 2004–CE–18–AD’’

in your request.

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 Federal Aviation Administration 

amends part 39 of the Federal Aviation 

Regulations (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. FAA amends § 39.13 by adding a 

new AD to read as follows:

2004–25–17 LETECKE ́ ZA ́ VODY:

Amendment 39–13905; Docket No. 

FAA–2004–18034; Directorate Identifier 

2004–CE–18–AD.

When Does This AD Become Effective? 

(a) This AD becomes effective on January 

28, 2005. 

What Other ADs Are Affected by This 

Action? 

(b) None. 

What Sailplanes Are Affected by This AD? 

(c) This AD affects Model L 23 SUPER—

BLANIK sailplanes, all serial numbers up to 

and including 039019, 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 the 

Czech Republic. We are issuing this AD to 

prevent fatigue failure of the elevator rocker 

lever. 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:

Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Rules and Regulations 75227

Actions Compliance Procedures 

(1) Do a non-destructive magnetic test (NDMT) 

inspection on the elevator rocker lever (part 

number A 730 201 A) for cracks and deficiencies.

Initially inspect within the next 25 hours timein-service (TIS) after January 28, 2005 (the 

effective date) of this AD. If no cracks or 

deficiencies are found, reinstall and repetitively inspect thereafter at intervals not to 

exceed 100 hours TIS until the replacement 

in paragraph (e)(2) of this AD is done. The 

replacement in paragraph (e)(2) of this AD 

is the terminating action for the repetitive inspection requirements in this AD.

Follow the work procedures in LETECKE ́

ZA ́ VODY Mandatory Bulletin MB No.: L23/

48a, not dated. 

(2) If cracks are found during any inspection required in paragraph (e)(1) of this AD, send 

the cracked part and a report of the inspection that contains the information about the 

position and size of cracks, the serial number 

of the sailplane, and the total number of 

hours TIS since new to LETECHKE ́ ZA ́ VODY 

at the address specified in paragraph (h) of 

this AD.

(i) The manufacturer will send you a replacement part for installation. 

(ii) The Office of Management and Budget 

(OMB) approved the information collection requirements contained in this regulation under 

the provisions of the Paperwork Reduction 

Act of 1980 (44 U.S.C. 3501 et seq.) and assigned OMB Control Number 2120–0056

Return the cracked elevator rocker lever to 

the manufacturer and install the replacement part prior to further flight after the inspection in which cracks are found. Prior to 

installing the new part, place a permanent 

(paint) blue dot approximately 0.25 inches 

in diameter in an open location on the elevator rocker lever. Installing the replacement part received from the manufacturer is 

the terminating action for the repetitive inspection requirements in paragraph (e)(1) 

of this AD.

Follow the work procedures in LETECHKE ́

ZA ́ VODY Mandatory Bulletin MB No.: L23/

48a, not dated. 

(3) You may terminate the repetitive inspections 

required in paragraph (e)(1) of this AD by: 

(i) Replacing the elevator rocker lever with one 

obtained from the manufacturer at the address specified in paragraph (h) of this AD; 

and 

(ii) Prior to installing the new part, place a permanent (paint) blue dot approximately 0.25 

inches in diameter in an open location on the 

elevator rocker lever 

At any time after the initial inspection required 

in paragraph (e)(1) of this AD.

Not applicable. 

(4) If you have already replaced the defective 

elevator rocker lever with a manufacturer-approved lever that was produced in January 

2004 or later following LETECHKE ́ ZA ́ VODY 

Mandatory Bulletin MB No.: L23/48a, not 

dated, you may take credit for compliance 

with this AD by having an appropriately-rated 

mechanic do the following: 

(i) Make a log book entry showing compliance 

with this AD; and 

(ii) Place a permanent (paint) blue dot approximately 0.25 inches in diameter in an open location on the newly installed elevator rocker 

lever. 

As of January 28, 2005 (the effective date of 

this AD).

Not applicable. 

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 Gregory A. Davison, 

Aerospace Engineer, FAA, Small Airplane 

Directorate, 901 Locust, Room 301, Kansas 

City, Missouri 64106; telephone: (816) 329–

4130; facsimile: (816) 329–4090. 

Is There Other Information That Relates to 

This Subject? 

(g) Czech Republic AD Number CAA–AD–

T–005/2004, dated January 16, 2004, also 

addresses the subject of this AD. 

Does This AD Incorporate Any Material by 

Reference? 

(h) You must do the actions required by 

this AD following the instructions in 

LETECKE ́ ZA ́ VODY Mandatory Bulletin MB 

No.: L23/48a (referenced in Czech Republic 

AD Number CAA–AD–T–005/2004, dated 

January 16, 2004). 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. To get a copy of this service 

information, contact LETECKE ́ ZA ́ VODY a.s., 

686 04 Kunovice 1177, Czech Republic. To 

review copies of this service information, go 

to the National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, go 

to: http://www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html or call (202) 741–6030. To 

view the AD docket, go to the Docket 

Management Facility; U.S. Department of 

Transportation, 400 Seventh Street, SW., 

Nassif Building, Room PL–401, Washington, 

DC 20590–0001 or on the Internet at http://

dms.dot.gov. The docket number is FAA–

2004–18034.

75228 Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Rules and Regulations 

Issued in Kansas City, Missouri, on 

December 6, 2004. 

William J. Timberlake, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–27284 Filed 12–15–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. FAA–2004–19693; Directorate 

Identifier 2004–CE–40–AD; Amendment 39–

13904; AD 2004–25–16] 

RIN 2120–AA64

Airworthiness Directives; Kelly 

Aerospace Power Systems Part 

Number (P/N) 14D11, A14D11, B14D11, 

C14D11, 23D04, A23D04, B23D04, 

C23D04, or P23D04 Fuel Regulator 

Shutoff Valves (Formerly Owned by 

ElectroSystems, JanAero Devices, 

Janitrol, C&D, FL Aerospace, and 

Midland-Ross Corporation)

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) to 

supersede AD 2001–17–13, which 

applies to aircraft equipped with a Kelly 

Aerospace Power Systems (Kelly 

Aerospace) part number (P/N) 14D11, 

A14D11, B14D11, C14D11, 23D04, 

A23D04, B23D04, C23D04, or P23D04 

fuel regulator shutoff valve used with 

Kelly Aerospace B1500, B2030, B2500, 

B3040, B3500, B4050, or B4500 B-Series 

combustion heaters. AD 2001–17–13 

requires you to visually inspect or 

pressure test the fuel regulator shutoff 

valves for leaks and replace the fuel 

regulator shutoff valve if leaks are 

found. This AD is the result of 

continued reports of fuel regulator 

shutoff valve problems and the 

manufacturer revising the service 

information to modify the pressure test 

procedures and to specify installing 

improved design replacement parts. 

This AD retains the actions required in 

AD 2001–17–13, makes the inspection 

repetitive, and requires installing 

improved design replacement parts. We 

are issuing this AD to prevent failure of 

the fuel regulator shutoff valve, which 

could result in fuel leakage in aircraft 

with these combustion heaters. This 

failure could result in an aircraft fire.

DATES: This AD becomes effective on 

January 5, 2005. 

As of January 5, 2005, the Director of 

the Federal Register approved the 

incorporation by reference of certain 

publications listed in the regulation. 

We must receive any comments on 

this AD by February 11, 2005.

ADDRESSES: Use one of the following to 

submit comments on this AD: 

• DOT Docket Web site: Go to http:

//dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

001. 

• Fax: 1–202–493–2251. 

• Hand delivery: Room PL–401 on the 

plaza level of the Nassif Building, 400 

Seventh Street, SW., Washington, DC, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

To get the service information 

identified in this proposed AD, contact 

Kelly Aerospace Power Systems, P.O. 

Box 273, Fort Deposit, Alabama 36032; 

telephone: (334) 227–8306; facsimile: 

(334) 227–8596; Internet: http://

www.kellyaerospace.com.

To view the comments to this AD, go 

to http://dms.dot.gov. The docket 

number is FAA–2004–19618.

FOR FURTHER INFORMATION CONTACT:

Kevin L. Brane, Aerospace Engineer, 

Atlanta Aircraft Certification Office, 

FAA, One Crown Center, 1985 Phoenix 

Boulevard, Suite 450, Atlanta, GA 

30349; telephone: (770) 703–6063; 

facsimile: (770) 703–6097.

SUPPLEMENTARY INFORMATION: Has FAA 

taken any action to this point? Reports 

of JanAero fuel regulator shutoff valves 

leaking caused FAA to issue AD 2001–

08–01, Amendment 39–12178 (66 FR 

19718, April 17, 2001). AD 2001–08–1 

required you to do the following on 

certain JanAero Devices (JanAero) 

14D11 and 23D04 series fuel regulator 

shutoff valves used with certain JanAero 

combustion heaters that are installed on 

aircraft:

—Visually inspect and pressure test the 

fuel regulator shutoff valves for leaks; 

and 

—If leaks are found, replace the fuel 

regulator shutoff valve.

The affected fuel regulator shutoff 

valves are part of the JanAero B1500, 

B2030, B2500, B3040, B3500, B4050, or 

B4500 combustion heater configuration. 

Operators of aircraft with the affected 

fuel regulator shutoff valves installed 

and mechanics who did the actions of 

AD 2001–08–01 provided suggestions 

for improvement to the AD. Based on 

that feedback, FAA superseded AD 

2001–08–01 with AD 2001–17–13, 

Amendment 39–12404 (66 FR 44027, 

August 22, 2001). 

AD 2001–17–13 retained the actions 

of AD 2001–08–01, except it requires 

only the visual inspection or the 

pressure test of the fuel regulator shutoff 

valves (not both) and lists the affected 

fuel regulator shutoff valves by part 

number instead of series. AD 2001–17–

13 also includes a provision for 

disabling the heater as an alternative 

method of compliance. 

Accomplishment of AD 2001–17–13 

is required following JanAero Service 

Bulletin No. A–107, dated January 8, 

2001. 

What has happened since AD 2001–

17–13 to initiate this AD action? The 

FAA continues to receive reports of 

problems with these fuel regulator 

shutoff valves. This service history 

reflects that the inspections should be 

repetitive instead of one-time.

Kelly Aerospace has revised the 

service information to modify the 

pressure test procedures, to specify 

installing improved design replacement 

parts with a manufacture date code of 

02/02 or later, and to make the 

inspection repetitive. 

The New Piper Aircraft, Inc. has also 

issued new service information that 

specifies replacing part number (P/N) 

A23D04–7.5 with an improved design 

replacement part P/N P23D04–7.5. 

What is the potential impact if FAA 

took no action? This condition, if not 

corrected, could result in fuel leakage in 

aircraft with these combustion heaters, 

which could result in an aircraft fire 

with consequent damage or destruction. 

FAA’s Determination and Requirements 

of the AD 

What has FAA decided? We have 

evaluated all pertinent information and 

identified an unsafe condition that is 

likely to exist or develop on other 

products of this same type design. 

Since the unsafe condition described 

previously is likely to exist or develop 

on type design aircraft equipped with a 

Kelly Aerospace B1500, B2030, B2500, 

B3040, B3500, B4050, or B4500 

combustion heater, we are issuing this 

AD to prevent failure of the fuel 

regulator shutoff valve, which could 

result in fuel leakage in aircraft with 

these combustion heaters. This failure 

could result in an aircraft fire. 

What does this AD require? This AD 

supersedes AD 2001–17–13 with a new 

AD that requires you to: