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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 39
          - [Docket No. FAA-2006-26497; Directorate Identifier 2006-CE-82-AD]
          - RIN 2120-AA64

# AGENCY:

Federal Aviation Administration (FAA), Department of Transportation (DOT).

# ACTION:

Notice of proposed rulemaking (NPRM). 

# SUMMARY:

We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed 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:

Some cases of turnbuckle adjusting screws fatigue failure have occurred, due to lateral load component applied by pilot's foot. Such events may lead to rudder and pedals disconnection.

The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI.

# DATES:

We must receive comments on this proposed AD by February 5, 2007.

# ADDRESSES:

You may sent comments by any of the following methods: 
      -  DOT Docket Web Site:                          Go to                          http://dms.dot.gov                          and follow the instructions for sending your comments electronically.                    
      -  Fax:                          (202) 493-2251.                    
      -  Mail:                          Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001.                    
      -  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.                     
      -  Federal eRulemaking Portal: http://www.regulations.gov.                          Follow the instructions for submitting comments.                    

## Examining the AD Docket

                    You may examine the AD docket on the Internet at                     *http://dms.dot.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 proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone (800) 647-5227) is in the                     **ADDRESSES**                     section. Comments will be available in the AD docket shortly after receipt.                 

# FOR FURTHER INFORMATION CONTACT:

Gregory 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:

## Streamlined Issuance of AD

                    The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. The streamlined process will allow us to adopt MCAI safety requirements in a more efficient manner and will reduce safety risks to the public. This process continues to follow all FAA AD issuance processes to meet legal, economic, Administrative Procedure Act and                     **Federal Register**                     requirements. We also continue to meet our technical decision-making responsibilities to identify and correct unsafe conditions on U.S.-certificated products.                 

This proposed AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The proposed AD contains text copied from the MCAI and for this reason might not follow our plain language principles.

## Comments Invited

                    We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the                     **ADDRESSES**                     section. Include “Docket No. FAA-2006-26497; Directorate Identifier 2006-CE-82-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments.                

                    We will post all comments we receive, without change, to                     *http://      ( print page 486)    dms.dot.gov*, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD.                

## Discussion

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA AD 2006-0317, dated October 16, 2006, referred to after this as “the MCAI”, to correct an unsafe condition for the specified products. The MCAI states:

Some cases of turnbuckle adjusting screws fatigue failure have occurred, due to lateral load component applied by pilot's foot. Such events may lead to rudder and pedals disconnection.

The MCAI requires:

Within the next 3 months after the effective date of this directive, modify the aircraft by introducing the extra pull rod between rear pedals and turnbuckle adjusting screws in accordance with the instructions contained in AllStar PZL Glider Mandatory Bulletin No. BE-057/SZD-50-3/2006 “PUCHACZ”.

You may obtain further information by examining the MCAI in the AD docket.

## Relevant Service Information

Allstar PZL Glider Sp. Z o.o. has issued Mandatory Service Bulletin No. BE-057/SZD-50-3/2006 “PUCHACZ”, dated October 16, 2006. 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 Proposed 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 proposing this AD because we evaluated all information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design.

## Differences Between This Proposed 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 also have proposed 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 proposed AD. These requirements, if ultimately adopted, will take precedence over the actions copied from the MCAI.

## Costs of Compliance

Based on the service information, we estimate that this proposed AD would affect about 8 products of U.S. registry. We also estimate that it would take about 2 work-hours per product to comply with the proposed AD. The average labor rate is $80 per work-hour. Required parts would cost about $100 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these costs. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $2,080, or $260, per product.

## 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 Program,” 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 proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would 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 proposed regulation:

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 regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket.

# List of Subjects in 14 CFR Part 39

      - Air transportation
      - Aircraft
      - Aviation safety
      - Safety

## The Proposed Amendment

Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 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

2. The FAA amends § 39.13 by adding the following new AD:

**Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa “PZL-Bielsko”:**                                 Docket No. FAA-2006-26497; Directorate Identifier 2006-CE-82-AD                            

## Comments Due Date

(a) We must receive comments by February 5, 2007.

## Affected ADs

(b) None.

## Applicability

(c) This AD applies to Model SZD-50-3 “Puchacz” Gliders, all serial numbers, certificated in any category.

## Reason

(d) The mandatory continuing airworthiness information (MCAI) states:

Some cases of turnbuckle adjusting screws fatigue failure have occurred, due to lateral load component applied by pilot's foot. Such events may lead to rudder and pedals disconnection.

## Actions and Compliance

                                (e) Unless already done, within the next 3 calendar months after the effective date of this AD, install the extra pull rod between the rear pedals and turnbuckle adjusting screws following Allstar PZL Glider Sp. Z o.o. Mandatory Service Bulletin No. BE-057/SZD-50-3/2006 “PUCHACZ”, dated October 16, 2006, except as specified in paragraphs (e)(1) through (e)(4) of this AD. For owners/                                      ( print page 487)                                    operators that have installed an additional short cable between the rear seat pedal and turnbuckle prior to Allstar PZL's issuance of Mandatory Service Bulletin No. BE-057/SZD-50-3/2006 “PUCHACZ”, dated October 16, 2006, this additional short cable assembly must comply with the requirements of Allstar PZL Glider Sp. Z o.o. Mandatory Service Bulletin No. BE-057/SQD-50-3/2006 “PUCHACZ”, dated October 16, 2006. Upon completion, a logbook entry is required. Reference Allstar PZL Glider Sp. Z o.o. Mandatory Service Bulletin No. BE-054/SZD-050-3/2003.                            

Other FAA AD Provisions:

(1) Paragraph 1 of Allstar PZL Glider Sp. Z o.o. Mandatory Service Bulletin No. BE-057/SZD-50-3/2006 “PUCHACZ”, dated October 16, 2006, describes the dimension length of the extra segment pull rod to be 140 mm. Modify this to read: “140 mm (5.5118 inches)”.

(2) Paragraph 4 of Allstar PZL Glider Sp. Z o.o. Mandatory Service Bulletin No. BE-057/SZD-50-3/2006 “PUCHACZ”, dated October 16, 2006, describes the dimensions of the short pull rod to be 3 mm diameter core and approximately 140 mm. Modify this to read: “3 mm (0.1181 inch) and 140 mm (5.5118 inches)”.

(3) Paragraph 4.4 of Allstar PZL Glider Sp. Z o.o. Mandatory Service Bulletin No. BE-057/SZD-50-3/2006 “PUCHACZ”, dated October 16, 2006, describes a 1 mm diameter cotter pin. Modify this to read: “1 mm (0.03937 inch)”.

(4) Paragraph 5 of Allstar PZL Glider Sp. Z o.o. Mandatory Service Bulletin No. BE-057/SZD-50-3/2006 “PUCHACZ”, dated October 16, 2006, reads, “The parts necessary for modification are available at Allstar PZL Glider, or substitute aircraft parts may be used—capable to withstand a load of 6100N at minimum.” Change this to read: “The parts necessary for modification are available at Allstar PZL Glider, or substitute aircraft parts may be used—capable to withstand a load of 6100N (1,372 lbs) at minimum. If a substitute part is used, the hole diameter specified in Figure 1 of the service bulletin as ‘Ø 6 Hg’ means a 6 mm (0.2362 inch) diameter hole with a dimensional tolerance of +0.03 mm (+0.0012 inch). Contact the manufacturer for further details.”

## FAA AD Differences

# Note:

This AD differs from the MCAI and/or service information as follows: Paragraphs (e)(1) and (e)(4) of this AD have been added to clarify certain procedures in the service bulletin.

(f) The following provisions also apply to this AD:

                                (1)                                 *Alternative Methods of Compliance (AMOCs):*                                 The Manager, Standards Staff, FAA, ATTN: Gregory Davison, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4130; fax: (816) 329-4090, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19.                             

                                (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.                            

                                (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

(g) Refer to MCAI EASA AD 2006-0317, dated October 16, 2006, and Allstar PZL Glider Sp. Z o.o. Mandatory Service Bulletin No. BE-057/SZD-50-3/2006 “PUCHACZ”, dated October 16, 2006, for related information.

Issued in Kansas City, Missouri, on December 27, 2006. 

John R. Colomy, 

Acting Manager, Small Airplane Directorate, Aircraft Certification Service.

[FR Doc. 06-9988 Filed 1-4-07; 8:45 am]

BILLING CODE 4910-13-M