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[Federal Register: April 29, 2010 (Volume 75, Number 82)]
[Proposed Rules]               
[Page 22543-22545]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ap10-14]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0457; Directorate Identifier 2010-CE-019-AD]
RIN 2120-AA64

 
Airworthiness Directives; Aircraft Industries a.s. Model L 23 
Super Blanik Gliders

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above that would supersede an existing AD. This 
proposed AD results from mandatory continuing airworthiness information 
(MCAI) originated 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:

    Cracks on the stabilizer elevator inner hinges of seven L 23 
SUPERBLAN[Iacute]K sailplanes have been detected during an 
inspection.
    This condition, if not corrected, could result in no longer 
retaining the elevator in place and in jamming of the Pilot[acute]s 
elevator control system, and subsequent loss of elevator control.

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 June 14, 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

[[Page 22544]]

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) 647-5527) 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:

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-2010-0457; 
Directorate Identifier 2010-CE-019-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://regulations.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

    On March 29, 2010, we issued AD 2010-08-01, Amendment 39-16256 (75 
FR 17295; April 6, 2010). That AD required actions intended to address 
an unsafe condition on the products listed above.
    AD 2010-08-01, was issued as an interim action in order to address 
the need for the immediate inspection of the elevator inner hinges on 
the stabilizer.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Emergency AD No.: 2010-0037-E, dated March 8, 2010 (referred to after 
this as ``the MCAI''), to correct an unsafe condition for the specified 
products.
    The EASA AD allows for repetitively inspecting the elevator inner 
hinges on the stabilizer for cracks or damage at intervals not to 
exceed every 1,000 hours time-in-service (TIS), and, if you find any 
elevator inner hinge on the elevator is cracked or damaged, before 
further flight, replacing it.
    The Administrative Procedure Act does not permit the FAA to 
``bootstrap'' a long-term requirement into an urgent safety of flight 
action where the rule becomes effective at the same time the public has 
the opportunity to comment. The short-term action and the long-term 
action were analyzed separately for justification to bypass prior 
public notice.
    We are issuing this proposed AD to address the requirement that you 
repetitively inspect the elevator inner hinges on the stabilizer at 
intervals not to exceed every 1,000 hours TIS.

Relevant Service Information

    Aircraft Industries a.s. has issued Mandatory Bulletin MB No.: L23/
052a, dated March 2, 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 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 
highlighted in a Note within the proposed AD.

Costs of Compliance

    We estimate that this proposed AD will affect 103 products of U.S. 
registry. We also estimate that it would take about 2 work-hours per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $17,510, or $170 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 4 work-hours and require parts costing $500, for a cost of 
$840 per product. We have no way of determining the number of products 
that may need these actions.

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 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, Incorporation by 
reference, Safety.

[[Page 22545]]

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.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing Amendment 39-16256 (75 FR 
17295; April 6, 2010), and adding the following new AD:

Aircraft Industries a.s.: Docket No. FAA-2010-0457; Directorate 
Identifier 2010-CE-019-AD.

Comments Due Date

    (a) We must receive comments by June 14, 2010.

Affected ADs

    (b) This AD supersedes AD 2010-08-01, Amendment 39-16256.

Applicability

    (c) This AD applies to Model L 23 Super Blanik Gliders, all 
serial numbers, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 55: 
Stabilizers.

Reason

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

    Cracks on the stabilizer elevator inner hinges of seven L 23 
SUPERBLAN[Iacute]K sailplanes have been detected during an 
inspection.
    This condition, if not corrected, could result in no longer 
retaining the elevator in place and in jamming of the Pilot's 
elevator control system, and subsequent loss of elevator control.
    For the reasons stated above, this Emergency AD requires the 
inspection of the elevator inner hinges, 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 as of April 6, 2010 (the effective 
date of AD 2010-08-01), inspect the elevator inner hinges on the 
stabilizer in accordance with paragraphs A.1., A.2. and A.4. of 
Aircraft Industries, a.s. Mandatory Bulletin MB No.: L23/052a, dated 
March 2, 2010.
    (2) Repetitively inspect thereafter the elevator inner hinges on 
the stabilizer in accordance with paragraphs A.1., A.2. and A.4. of 
Aircraft Industries, a.s. Mandatory Bulletin MB No.: L23/052a, dated 
March 2, 2010, at intervals not to exceed every 1,000 hours time-in-
service.
    (3) If, as a result of the inspection required by paragraph 
(f)(1) or (f)(2) of this AD, you find any elevator inner hinge on 
the elevator is cracked or damaged, before further flight, replace 
it in accordance with paragraphs A.3. and A.4. of Aircraft 
Industries, a.s. Mandatory Bulletin MB No.: L23/052a, dated March 2, 
2010.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

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 airplane 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.
    (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 Emergency AD No.: 2010-0037-E, dated 
March 8, 2010; and Aircraft Industries, a.s. Mandatory Bulletin MB 
No.: L23/052a, dated March 2, 2010, for related information.

    Issued in Kansas City, Missouri, on April 22, 2010.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-9951 Filed 4-28-10; 8:45 am]
BILLING CODE 4910-13-P
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