[Federal Register Volume 70, Number 182 (Wednesday, September 21, 2005)]
[Rules and Regulations]
[Pages 55248-55250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18526]


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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.

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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 
PZL-Swidnik 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 PZL-Swidnik 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 push-rod 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:

[[Page 55249]]



----------------------------------------------------------------------------------------------------------------
                                                               Total cost per
             Labor cost                      Parts cost            glider        Total cost on  U.S. operators
----------------------------------------------------------------------------------------------------------------
1 work hour x $65 = $65.............  Not applicable.........            $65   67 x $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:

------------------------------------------------------------------------
                                                         Total cost per
   Labor cost per push-rod end         Parts cost      push-rod  end per
                                                             glider
------------------------------------------------------------------------
1 work hour x $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

0
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

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. FAA amends Sec.  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:

[[Page 55250]]



------------------------------------------------------------------------
             Actions                  Compliance          Procedures
------------------------------------------------------------------------
(1) Inspect for the minimum       Within the next 25  For the Model PW-5
 dimension (0.165 inches (in.)     hours time-in-      ``Smyk'' glider:
 or 4.2 millimeter (mm)):          service (TIS)       Follow
(i) Any left side aileron, right   after October 31,   Communication
 side aileron, and airbrake push-  2005 (the           Equipment Factory
 rod end (part number (P/N)        effective date of   PZL-Swidnik
 511.00.20.00) for the Model PW-   this AD), unless    Mandatory
 5 ``Smyk'' glider; and.           already done.       Bulletin Number
(ii) Any aileron, airbake, and                         BO-17-03-18,
 elevator control push-rod end                         dated December
 (P/N 78.21.215.00.00) for the                         22, 2003. For the
 Model PW-6U glider.                                   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/  Before further      For the Model PW-5
 N 511.00.20.00 or                 flight after the    ``Smyk'' glider:
 78.21.215.00.00) that you find    the inspection      Follow
 as a result of the inspection     requried by         Communication
 requried by paragraph (e)(1) of   paragraph (e)(1)    Equipment PZL-
 this AD that has a push-rod end   of this AD.         Swidnik Mandatory
 that is less than the minimum                         Bulletin Number
 dimension (0.165 in. or 4.2 mm).                      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   As of October 31,   For the Model PW-5
 end (P/N 511.00.20.00 or          200 (the            ``Smyk'' glider:
 78.21.215.00.00) with a           effective date of   Follow
 dimension that is less than the   this AD).           Communicaton
 minimum dimension (0.165 in. or                       Equipment Factory
 4.2 mm):                                              PZL-Swidnik
(i) Any push-rod end for the                           Mandatory
 left side aileron, right side                         Bulletin Number
 aileron, or airbrake of the                           BO-17-03-18,
 Model PW-5 Swidnik glider; and.                       dated December
(ii) Any push-rod end for the                          22, 2003. For the
 ailerons, airbake, or elevator                        Model PW-6U
 control of the Model PW-6U                            glider: Follow
 glider.                                               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 PZL-Swidnik 
Mandatory Bulletin Number BO-17-03-18, dated December 22, 2003, and 
Communication Equipment Factory PZL-Swidnik 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]
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