[Federal Register Volume 69, Number 241 (Thursday, December 16, 2004)]
[Rules and Regulations]
[Pages 75225-75228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27284]


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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; LETECK[Eacute] Z[Aacute]VODY Model L 23 
SUPER--BLANIK Sailplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA adopts a new airworthiness directive (AD) for certain 
LETECK[Eacute] Z[Aacute]VODY Model L 23 SUPER--BLANIK sailplanes. This 
AD requires 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, 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 LETECK[Eacute] Z[Aacute]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 
LETECK[Eacute] Z[Aacute]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 LETECK[Eacute] Z[Aacute]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.

[[Page 75226]]

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:

----------------------------------------------------------------------------------------------------------------
                                                               Total cost
             Labor cost                    Parts cost         per sailplane     Total cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
2 workhours x $65 per hour = $130..  Not applicable........            $130  $130 x 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 x $65 = $130...............  Parts provided by the            $130 x 103 = $13,390.
                                          manufacturer at no cost.
----------------------------------------------------------------------------------------------------------------

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

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:

2004-25-17 LETECK[Eacute] Z[Aacute]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:

[[Page 75227]]



------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Do a non-destructive      Initially inspect     Follow the work
 magnetic test (NDMT)          within the next 25    procedures in
 inspection on the elevator    hours time-in-        LETECK[Eacute]
 rocker lever (part number A   service (TIS) after   Z[Aacute]VODY
 730 201 A) for cracks and     January 28, 2005      Mandatory Bulletin
 deficiencies.                 (the effective        MB No.: L23/48a,
                               date) of this AD.     not dated.
                               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.
-----------------------------
(2) If cracks are found       Return the cracked    Follow the work
 during any inspection         elevator rocker       procedures in
 required in paragraph         lever to the          LETECHK[Eacute]
 (e)(1) of this AD, send the   manufacturer and      Z[Aacute]VODY
 cracked part and a report     install the           Mandatory Bulletin
 of the inspection that        replacement part      MB No.: L23/48a,
 contains the information      prior to further      not dated.
 about the position and size   flight after the
 of cracks, the serial         inspection in which
 number of the sailplane,      cracks are found.
 and the total number of       Prior to installing
 hours TIS since new to        the new part, place
 LETECHK[Eacute]               a permanent (paint)
 Z[Aacute]VODY at the          blue dot
 address specified in          approximately 0.25
 paragraph (h) of this AD.     inches in diameter
(i) The manufacturer will      in an open location
 send you a replacement part   on the elevator
 for installation..            rocker lever.
(ii) The Office of             Installing the
 Management and Budget (OMB)   replacement part
 approved the information      received from the
 collection requirements       manufacturer is the
 contained in this             terminating action
 regulation under the          for the repetitive
 provisions of the Paperwork   inspection
 Reduction Act of 1980 (44     requirements in
 U.S.C. 3501 et seq.) and      paragraph (e)(1) of
 assigned OMB Control Number   this AD.
 2120-0056.
-----------------------------
(3) You may terminate the     At any time after     Not applicable.
 repetitive inspections        the initial
 required in paragraph         inspection required
 (e)(1) of this AD by:         in paragraph (e)(1)
(i) Replacing the elevator     of this AD.
 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.
-----------------------------
(4) If you have already       As of January 28,     Not applicable.
 replaced the defective        2005 (the effective
 elevator rocker lever with    date of this AD).
 a manufacturer-approved
 lever that was produced in
 January 2004 or later
 following LETECHK[Eacute]
 Z[Aacute]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..
------------------------------------------------------------------------

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 LETECK[Eacute] Z[Aacute]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 LETECK[Eacute] Z[Aacute]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.


[[Page 75228]]


    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]
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