Airworthiness Directives: Aircraft Industries a.s. Model L 23 Super Blanik Gliders
Federal Register: April 6, 2010 (Volume 75, Number 65)
Rules and Regulations
Page 17295-17297
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr06ap10-3
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration 14 CFR Part 39
Docket No. FAA-2010-0357; Directorate Identifier 2010-CE-017-AD;
Amendment 39-16256; AD 2010-08-01
RIN 2120-AA64
Airworthiness Directives; Aircraft Industries a.s. Model L 23
Super Blanik Gliders
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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 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.
This AD requires actions that are intended to address the unsafe condition described in the MCAI.
DATES: This AD becomes effective April 26, 2010.
On April 26, 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 May 21, 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 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 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.
You may obtain further information by examining the MCAI in the AD docket.
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 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.
This AD is considered an interim action because we are not including the action that you repetitively inspect the elevator inner hinges on the stabilizer at intervals not to exceed every 1,000 hours time-in-service (TIS). 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 are analyzed separately for justification to bypass prior public notice.
After issuing this AD, we may initiate further AD action (notice of proposed rulemaking followed by a final rule) to require that you repetitively inspect the elevator inner hinges on the stabilizer at intervals not to exceed every 1,000 hours TIS. Credit will be given in any subsequent action for the initial inspection done under this AD.
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
Page 17296
the flying public justifies waiving notice and comment prior to adoption of this rule because during inspection, cracks have been found on the stabilizer elevator inner hinges of seven Model L 23 Super
Blanik gliders. This condition, if not corrected, could result in no longer retaining the elevator in its place and in jamming of the elevator control system and subsequent loss of elevator 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-2010-0357; Directorate
Identifier 2010-CE-017-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: 2010-08-01 Aircraft Industries a.s.: Amendment 39-16256; Docket No.
FAA-2010-0357; Directorate Identifier 2010-CE-017-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective April 26, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Models 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 26, 2010 (the effective date of this AD), 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) If, as a result of the inspection required by paragraph
(f)(1) 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:
(1) The MCAI and the service information specify that you inspect the elevator inner hinges on the stabilizer, and if you find any elevator inner hinge on the elevator is cracked or damaged, before further flight, replace it. The MCAI also requires you to repetitively inspect the elevator inner hinges on the stabilizer at intervals not to exceed every 1,000 hours time-in-service (TIS).
(2) This AD is considered an interim action because we are not including the mandatory repetitive inspection of the elevator inner hinges on the stabilizer at intervals not to exceed every 1,000 hours TIS. 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 are analyzed separately for justification to bypass prior public notice.
(3) After issuing this AD, we may initiate further AD action
(notice of proposed rulemaking followed by a final rule) to require that you repetitively inspect the elevator inner hinges on the stabilizer at intervals not to exceed every 1,000 hours TIS. Credit will be given in any subsequent action for the initial inspection done under this AD.
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
Page 17297
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.
Material Incorporated by Reference
(i) You must use Aircraft Industries, a.s. Mandatory Bulletin MB
No.: L23/052a, dated March 2, 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
Aircraft Industries, a.s.--Na z[aacute]honech1177, 686 04 Kunovice,
Czech Republic; telephone: +420 572 817 660; fax: +420 572 816 112;
E-mail: ots@let.cz; Internet: www.let.cz.
(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 March 29, 2010.
Steven R. Thompson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
FR Doc. 2010-7591 Filed 4-5-10; 8:45 am
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