Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Rules and Regulations 43807 

reference of Boeing Alert Service Bulletin 

737–57A1277, Revision 1, dated November 

25, 2003, on December 4, 2003 (68 FR 67027, 

December 1, 2003). 

(3) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; e-mail me.boecom@boeing.com; 

Internet https://www.myboeingfleet.com. 

(4) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(5) You may also review copies of the 

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/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on July 14, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–18009 Filed 7–26–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0729; Directorate 

Identifier 2010–CE–032–AD; Amendment 

39–16373; AD 2010–15–07] 

RIN 2120–AA64 

Airworthiness Directives; Zaklad 

Szybowcowy ‘‘Jez ̇o ́w’’ Henryk Mynarski 

Model PW–6U Sailplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued by the 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 lug of the rear attachment 

fitting of the horizontal stabilizer have been 

detected during the inspection of two PW–6U 

gliders operated by the same user. 

This condition, if not corrected, could 

result in no longer retaining the horizontal 

stabilizer in place and consequent loss of 

control of the aeroplane. 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective 

August 16, 2010. 

On August 16, 2010, the Director of 

the Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

We must receive comments on this 

AD by September 10, 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 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this 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: 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued AD No. 2010– 

0108–E, dated June 8, 2010 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

Cracks on the lug of the rear attachment 

fitting of the horizontal stabilizer have been 

detected during the inspection of two PW–6U 

gliders operated by the same user. 

This condition, if not corrected, could 

result in no longer retaining the horizontal 

stabilizer in place and consequent loss of 

control of the aeroplane. 

For the reasons described above, this AD 

requires immediate and periodic inspections 

of the horizontal stabilizer rear attachment 

fitting and the accomplishment of the 

relevant corrective actions as necessary. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Zak5ad Szybowcowy ‘‘Jez ̇o ́w’’ Henryk 

Mynarski has issued Mandatory Bulletin 

BO–78–10–10, dated June 7, 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 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 issuing this 

AD because we evaluated all 

information provided by the State of 

Design Authority and determined the 

unsafe condition exists and is likely to 

exist or develop on other products of the 

same type design. 

Differences Between This 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 have also required different 

actions in this AD from those in the 

MCAI in order to follow FAA policies. 

Any such differences are described in a 

separate paragraph of the AD. These 

requirements take precedence over 

those copied from the MCAI. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because cracks on the lug of the 

rear attachment fitting of the horizontal 

stabilizer have been found. This 

condition, if not detected and corrected, 


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43808 Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Rules and Regulations 

could cause the horizontal stabilizer to 

fail, which could result in loss of 

control. Therefore, we determined that 

notice and opportunity for public 

comment before issuing this AD are 

impracticable and that good cause exists 

for making this amendment effective in 

fewer than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments about this AD. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2010–0729; 

Directorate Identifier 2010–CE–032–AD’’ 

at the beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this AD. 

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 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 that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

(2) Is not a ‘‘significant rule’’ under 

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 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. 

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 adding 

the following new AD: 

2010–15–07 Zak5ad Szybowcowy ‘‘Jez ̇o ́w’’ 

Henryk Mynarski: Amendment 39– 

16373; Docket No. FAA–2010–0729; 

Directorate Identifier 2010–CE–032–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective August 16, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the following Zak5ad 

Szybowcowy ‘‘Jez ̇o ́w’’ Henryk Mynarski 

Model PW–6U sailplanes, certificated in any 

category: 

(i) Serial numbers (S/Ns) 78.00.00 through 

78.03.07 equipped with an automatic 

elevator control connection installed in 

accordance with Zak5ad Szybowcowy 

‘‘Jez ̇o ́w’’ Henryk Mynarski Bulletin BS–78– 

02–04; 

(ii) S/Ns 78.03.08 through 78.03.10; and 

(iii) S/Ns 78.04.01 and subsequent S/Ns. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 27: Flight Controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Cracks on the lug of the rear attachment 

fitting of the horizontal stabilizer have been 

detected during the inspection of two PW–6U 

gliders operated by the same user. 

This condition, if not corrected, could 

result in no longer retaining the horizontal 

stabilizer in place and consequent loss of 

control of the aeroplane. 

For the reasons described above, this AD 

requires immediate and periodic inspections 

of the horizontal stabilizer rear attachment 

fitting 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 after the effective 

date of this AD, repetitively thereafter at 

intervals not to exceed 50 hours time-inservice, and, in addition, before further flight 

anytime the sailplane experiences a ‘‘hard 

landing,’’ visually inspect the rear attachment 

fitting of the horizontal stabilizer for cracks 

and damage. Do the inspections following 

Zak5ad Szybowcowy ‘‘Jez ̇o ́w’’ Henryk 

Mynarski Mandatory Bulletin BO–78–10–10, 

dated June 7, 2010, except use a 10X 

magnifier. 

(2) If any crack or damage is found during 

any inspection required in paragraph (f)(1) of 

this AD, before further flight after the 

inspection in which a crack or damage is 

found, contact Zak5ad Szybowcowy ‘‘Jez ̇o ́w’’ 

Henryk Mynarski, ul. D5uga 93, 58–521 Jez ̇o ́w 

Sudecki, Poland, telephone/fax: +48 75 713 

21 59 or +48 33 829 33 72; e-mail: 

szdjezow.com.pl, to obtain an FAA-approved 

repair scheme and incorporate the repair 

scheme. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows. The service 

information requires a visual inspection with 

a 5X magnifier. For the inspection, we are 

requiring a 10X magnifier to detect cracks 

and damage that may go undetected using 

only a 5X magnifier. 

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 sailplane 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. 


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Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Rules and Regulations 43809 

(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 AD No. 2010– 

0108–E, dated June 8, 2010, and Zak5ad 

Szybowcowy ‘‘Jez ̇o ́w’’ Henryk Mynarski 

Mandatory Bulletin BO–78–10–10, dated 

June 7, 2010, for related information. 

Material Incorporated by Reference 

(i) You must use Zak5ad Szybowcowy 

‘‘Jez ̇o ́w’’ Henryk Mynarski Mandatory 

Bulletin BO–78–10–10, dated June 7, 2010, to 

do the actions required by this AD, unless the 

AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Zak5ad Szybowcowy ‘‘Jez ̇o ́w’’ 

Henryk Mynarski, ul. D5uga 93, 58–521 Jez ̇o ́w 

Sudecki, Poland, telephone/fax: +48 75 713 

21 59 or +48 33 829 33 72; e-mail: 

szdjezow.com.pl; Internet: http:// 

www.szdjezow.com.pl/. 

(3) You may review copies of the service 

information incorporated by reference for 

this AD at the FAA, Central Region, Office of 

the Regional Counsel, 901 Locust, Kansas 

City, Missouri 64106. For information on the 

availability of this material at the Central 

Region, call (816) 329–3768. 

(4) You may also review copies of the 

service information incorporated by reference 

for this AD 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. 

Issued in Kansas City, Missouri on July 15, 

2010. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2010–17924 Filed 7–26–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–1015; Directorate 

Identifier 2009–CE–039–AD; Amendment 

39–16376; AD 2010–15–10] 

RIN 2120–AA64 

Airworthiness Directives; Piper 

Aircraft, Inc. PA–28, PA–32, PA–34, 

and PA–44 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Piper Aircraft, Inc. (Piper) PA–28, PA– 

32, PA–34, and PA–44 series airplanes. 

This AD requires you to inspect the 

control wheel shaft on both the pilot 

and copilot sides and, if necessary, 

replace the control wheel shaft. This AD 

results from two field reports of 

incorrectly assembled control wheel 

shafts. We are issuing this AD to detect 

and correct any incorrectly assembled 

control wheel shafts. This condition, if 

left uncorrected, could lead to 

separation of the control wheel shaft, 

resulting in loss of pitch and roll 

control. 

DATES: This AD becomes effective on 

August 31, 2010. 

On August 31, 2010, the Director of 

the Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

ADDRESSES: To get the service 

information identified in this AD, 

contact Piper Aircraft, Inc., 2926 Piper 

Drive, Vero Beach, Florida 32960; 

telephone: (772) 567–4361; fax: (772) 

978–6573; Internet: http:// 

www.newpiper.com/company/ 

publications.asp. 

To view the AD docket, go to U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, or on the Internet at http:// 

www.regulations.gov. The docket 

number is FAA–2009–1015; Directorate 

Identifier 2009–CE–039–AD. 

FOR FURTHER INFORMATION CONTACT: 

Hector Hernandez, Aerospace Engineer, 

Atlanta Aircraft Certification Office, 

1701 Columbia Avenue, College Park, 

GA 30337; telephone: (404) 474–5587; 

fax: (404) 474–5606. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On October 23, 2009, 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 Piper Aircraft, Inc. (Piper) PA– 

28, PA–32, PA–34, and PA–44 series 

airplanes. This proposal was published 

in the Federal Register as a notice of 

proposed rulemaking (NPRM) on 

October 30, 2009 (74 FR 56138). The 

NPRM proposed to detect and correct 

any incorrectly assembled control wheel 

shafts. 

Comments 

We provided the public the 

opportunity to participate in developing 

this AD. The following presents the 

comments received on the proposal and 

FAA’s response to each comment: 

Comment Issue No. 1: Difficulty in 

Disassembling Components 

Fifteen commenters, including the 

Aircraft Owners and Pilots Association 

(AOPA), Barry Rogers, Bruce Chien, and 

Harry Cook commented that some Piper 

airplanes do not have inspection holes 

and may require disassembly of the 

control wheel shaft. Disassembly can 

take several hours due to the difficulty 

in removing (or separating) the parts, 

which could be very costly and possibly 

damage a perfectly good component. 

We infer from these comments that 

the commenters want us to rescind the 

NPRM due to difficulty in 

disassembling the parts and cost of labor 

for disassembly. 

The FAA partially agrees with the 

above comment. We disagree that we 

should rescind the NPRM due to 

difficulty in disassembling the parts. 

According to Piper, the universal joint 

has rotating parts that wear, and 

replacement of those parts, which 

requires disassembly, is a routine 

procedure done with little difficulty. 

Piper sales history records show, that on 

average, they sell over 400 of these as 

service spare replacements each year, 

and the Piper technical support 

department is not aware of anyone 

reporting difficulty in replacing them. 

Piper has revised their service bulletin, 

to provide more information about the 

different control wheel shaft 

configurations. We agree that 

disassembly of the control shaft wheel 

may take more time than an inspection 

with witness holes. However, the FAA 

has determined that there is an unsafe 

condition and has identified actions to 

correct that unsafe condition. It is every 

owner’s and operator’s responsibility to 

maintain the airplane to the type design 

and address any airworthiness concerns. 

This includes all maintenance 

requirements and ADs that correct an 

unsafe condition. 

We will change the final rule AD 

action to include Piper Aircraft, Inc. 

Mandatory Service Bulletin No. 1197B, 

dated May 3, 2010, to use for the 

procedures to comply with the actions 

required by this AD. We will allow 

‘‘unless already done’’ credit to anyone 

who already accomplished the actions 

following the previous service bulletin 

included as part of the NPRM. 

Comment Issue No. 2: Cost Absorbed by 

Piper 

John Witosky, Thomas McIntosh, 

Claude Dalrymple, Jr., M. Hefter, and 

George Haffey commented that the cost 


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