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[Federal Register: July 27, 2010 (Volume 75, Number 143)]
[Rules and Regulations]               
[Page 43807-43809]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jy10-4]                         

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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 ``Je[zdot][oacute]w'' 
Henryk Mynarski Model PW-6U Sailplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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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

    Zak[lstrok]ad Szybowcowy ``Je[zdot][oacute]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,

[[Page 43808]]

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

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new AD:

2010-15-07 Zak[lstrok]ad Szybowcowy ``Je[zdot][oacute]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 Zak[lstrok]ad Szybowcowy 
``Je[zdot][oacute]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 Zak[lstrok]ad Szybowcowy ``Je[zdot][oacute]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-in-
service, 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 Zak[lstrok]ad Szybowcowy 
``Je[zdot][oacute]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 
Zak[lstrok]ad Szybowcowy ``Je[zdot][oacute]w'' Henryk Mynarski, ul. 
D[lstrok]uga 93, 58-521 Je[zdot][oacute]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.

[[Page 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 Zak[lstrok]ad Szybowcowy ``Je[zdot][oacute]w'' Henryk Mynarski 
Mandatory Bulletin BO-78-10-10, dated June 7, 2010, for related 
information.

Material Incorporated by Reference

    (i) You must use Zak[lstrok]ad Szybowcowy ``Je[zdot][oacute]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 
Zak[lstrok]ad Szybowcowy ``Je[zdot][oacute]w'' Henryk Mynarski, ul. 
D[lstrok]uga 93, 58-521 Je[zdot][oacute]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
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