55248 Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Rules and Regulations 

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 20590–001 or on the Internet at http:// 

dms.dot.gov. The docket number is FAA–

2005–21174; Directorate Identifier 2005–CE–

23–AD. 

Issued in Kansas City, Missouri, on 

September 13, 2005. 

James E. Jackson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–18525 Filed 9–20–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–20802; Directorate 

Identifier 2005–CE–18–AD; Amendment 39–

14282; AD 2005–19–17] 

RIN 2120–AA64 

Airworthiness Directives; PZL-Swidnik 

S.A. Models PW–5 ‘‘Smyk’’ and PW–6U 

Gliders 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA adopts a new 

airworthiness directive (AD) for certain 

PZL-Swidnik S.A. (PZL-Swidnik) 

Models PW–5 ‘‘Smyk’’ and PW–6U 

gliders. This AD requires you to inspect 

for the minimum dimension of the left 

side aileron, right side aileron, and 

airbrake push-rod ends for certain 

Model PW–5 ‘‘Smyk’’ gliders; inspect 

for the minimum dimension of the 

aileron, airbrake, and elevator control 

push-rod ends for certain Model PW–6U 

gliders; and replace any push-rod end 

that does not meet the minimum 

dimension. This AD results from 

mandatory continuing airworthiness 

information (MCAI) issued by the 

airworthiness authority for Poland. We 

are issuing this AD to detect and replace 

any push-rod end that does not meet the 

minimum dimension, which could 

result in failure of the control system. 

This failure could lead to loss of control 

of the glider. 

DATES: This AD becomes effective on 

October 31, 2005. 

As of October 31, 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 PZL-Swidnik S.A., Polish 

Aviation Works, Al. Lotnikow Polskich 

1, 21–045 Swidnik, Poland; telephone: 

48 81 468 09 01 751 20 71; facsimile: 

48 81 468 09 19 751 21 73. 

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–

001 or on the Internet at http:// 

dms.dot.gov. The docket number is 

FAA–2005–20802; Directorate Identifier 

2005–CE–18–AD. 

FOR FURTHER INFORMATION CONTACT: Greg 

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 General Inspectorate of Civil 

Aviation (GICA), which is the 

airworthiness authority for Poland, 

recently notified FAA that an unsafe 

condition may exist on certain PZLSwidnik S.A. (PZL-Swidnik) gliders. 

The GICA reports that an owner of a 

Model PW–6U glider found the 

dimension of the push-rod end to not 

meet the minimum dimension of 0.165 

inches (in.) or 4.2 millimeter (mm). 

Further, the GICA reports that the 

manufacturer has identified a 

production run of these parts that do not 

meet the minimum dimension of the 

push-rod end. Similar push-rod ends, 

where applicable, are used to link the 

ailerons, airbrakes, and elevator control 

systems in the Models PW–5 ‘‘Smyk’’

and PW–6U gliders. 

What is the potential impact if FAA 

took no action? Any push-rod end that 

does not meet the minimum dimension 

could result in failure of the control 

system. This failure could lead to loss 

of control of the glider. 

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 PZLSwidnik S.A. (PZL-Swidnik) Models 

PW–5 ‘‘Smyk’’ and PW–6U gliders. This 

proposal was published in the Federal 

Register as a notice of proposed 

rulemaking (NPRM) on April 27, 2005 

(70 FR 21691). The NPRM proposed to 

require you to inspect for the minimum 

dimension of the left side aileron, right 

side aileron, and airbrake push-rod ends 

for certain Model PW–5 ‘‘Smyk’’ gliders; 

inspect for the minimum dimension of 

the aileron, airbrake, and elevator 

control push-rod ends for certain Model 

PW–6U gliders; and replace any pushrod end that does not meet the 

minimum dimension. 

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 gliders does this AD 

impact? We estimate that this AD affects 

67 gliders in the U.S. registry. 

What is the cost impact of this AD on 

owners/operators of the affected gliders? 

We estimate the following costs to do 

the inspection of the push-rod ends: 

Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Rules and Regulations 55249 

Labor cost Parts cost Total cost per 

glider 

Total cost on 

U.S. operators 

1 work hour × $65 = $65 ......................................... Not applicable ......................................................... $65 67 × $65 = $4,355. 

We estimate the following costs to do 

any necessary push-rod end 

replacements that would be required 

based on the results of this inspection. 

We have no way of determining the 

number of gliders that may need this 

replacement: 

Labor cost per push-rod end Parts cost 

Total cost per 

push-rod 

end per glider 

1 work hour × $65 = $65 .......................................................... Not applicable ........................................................................... $65 

The manufacturer has stated that the 

costs for any required parts and 

transportation of the parts will be 

covered under the manufacturer’s 

warranty. 

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 other 

information as included in the 

Regulatory Evaluation) 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–2005–20802; 

Directorate Identifier 2005–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 

■ 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 

■ 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. FAA amends § 39.13 by adding a 

new AD to read as follows: 

2005–19–17 PZL-Swidnik S.A.: 

Amendment 39–14282; Docket No. 

FAA–2005–20802; Directorate Identifier 

2005–CE–18–AD. 

When Does This AD Become Effective? 

(a) This AD becomes effective on October 

31, 2005. 

What Other ADs Are Affected by This 

Action? 

(b) None. 

What Gliders Are Affected by This AD? 

(c) This AD affects the following glider 

models and serial numbers that are 

certificated in any category: 

Model Serial Nos. 

PW–5 ‘‘Smyk’’ .. 17.12.022 through 

17.12.024. 

PW–6U ............. 78.02.07 through 78.02.10 

and 78.03.01 through 

78.03.03. 

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 

Poland. The actions specified in this AD are 

intended to detect and replace any push-rod 

end that does not meet the minimum 

dimension, which could result in failure of 

the control system. This failure could lead to 

loss of control of the glider. 

What Must I Do To Address This Problem? 

(e) To address this problem, you must do 

the following: 

55250 Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Rules and Regulations 

Actions Compliance Procedures 

(1) Inspect for the minimum dimension (0.165 

inches (in.) or 4.2 millimeter (mm)): 

(i) Any left side aileron, right side aileron, 

and airbrake push-rod end (part number 

(P/N) 511.00.20.00) for the Model PW–5 

‘‘Smyk’’ glider; and.

(ii) Any aileron, airbake, and elevator control push-rod end (P/N 78.21.215.00.00) 

for the Model PW–6U glider.

Within the next 25 hours time-in-service (TIS) 

after October 31, 2005 (the effective date of 

this AD), unless already done.

For the Model PW–5 ‘‘Smyk’’ glider: Follow 

Communication Equipment Factory PZLSwidnik Mandatory Bulletin Number BO–

17–03–18, dated December 22, 2003. For 

the Model PW–6U glider: Follow Communication Equipment PZL-Swidnik Mandatory 

Bulletin Number BO–78–03–06, dated December 22, 2003. 

(2) Replace any push-rod end (P/N 

511.00.20.00 or 78.21.215.00.00) that you 

find as a result of the inspection requried by 

paragraph (e)(1) of this AD that has a pushrod end that is less than the minimum dimension (0.165 in. or 4.2 mm).

Before further flight after the the inspection 

requried by paragraph (e)(1) of this AD.

For the Model PW–5 ‘‘Smyk’’ glider: Follow 

Communication Equipment PZL-Swidnik 

Mandatory Bulletin Number BO–17–03–18, 

dated December 22, 2003. For the Model 

PW–6U glider: Follow Communication 

Equipment Factory PZL-Swidnik Mandatory 

Bulletin NumberBO–17–03–18, dated December 22, 2003. 

(3) Do not install any push-rod end (P/N 

511.00.20.00 or 78.21.215.00.00) with a dimension that is less than the minimum dimension (0.165 in. or 4.2 mm): 

(i) Any push-rod end for the left side aileron, right side aileron, or airbrake of the 

Model PW–5 Swidnik glider; and.

(ii) Any push-rod end for the ailerons, 

airbake, or elevator control of the Model 

PW–6U glider.

As of October 31, 200 (the effective date of 

this AD).

For the Model PW–5 ‘‘Smyk’’ glider: Follow 

Communicaton Equipment Factory PZLSwidnik Mandatory Bulletin Number BO–

17–03–18, dated December 22, 2003. For 

the Model PW–6U glider: Follow Communication Equipment Factory PZL-Swidnik 

Mandatory Bulletin Number BO–78–03–06, 

dated December 22, 2003. 

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 Greg 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) Polish AD Numbers SP–0085–2003–A, 

dated December 22, 2003, and SP–0086–

2003, dated December 22, 2003, also address 

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 

Communication Equipment Factory PZLSwidnik Mandatory Bulletin Number BO–

17–03–18, dated December 22, 2003, and 

Communication Equipment Factory PZLSwidnik Mandatory Bulletin Number BO–

78–03–06, dated December 22, 2003. 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 PZL-Swidnik 

S.A., Polish Aviation Works, Al. Lotnikow 

Polskich 1, 21–045 Swidnik, Poland; 

telephone: 48 81 468 09 01 751 20 71; 

facsimile: 48 81 468 09 19 751 21 73. 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 20590–001 or on the Internet at http:// 

dms.dot.gov. The docket number is FAA–

2005–20802; Directorate Identifier 2005–CE–

18–AD. 

Issued in Kansas City, Missouri, on 

September 12, 2005. 

James E. Jackson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–18526 Filed 9–20–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. 29334; Amendment No. 71–37] 

Airspace Designations; Incorporation 

by Reference; Correction 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: This action corrects an error 

in the effective date contained in a Final 

Rule that was published in the Federal 

Register on September 1, 2005 (70 FR 

52012). That Final Rule amended Title 

14 Code of Federal Regulations (14 CFR) 

part 71 relating to airspace designations 

to reflect the approval by the Director of 

the Federal Register of the incorporation 

by reference of FHA Order 7400.9N, 

Airspace Designations and Reporting 

Points. 

DATES: These regulations are effective 

September 15, 2005. The incorporation 

by reference of FAA Order 7400.9N is 

approved by the Director of the Federal 

Register as of September 15, 2005, 

through September 15, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Tameka Bentley, telephone (202) 267–

8783. 

Issued in Washington, DC on September 

16, 2005. 

Michael Chase, 

Branch Manager, Air Traffic and Airman and 

Airport Certification Law, Regulations 

Division. 

[FR Doc. 05–18890 Filed 9–16–05; 3:48pm] 

BILLING CODE 4910–13–M