Airworthiness Directives; PZL-Bielsko Model SZD-50-3 “Puchacz” Gliders, 70300-70302 [E6-20325]
Download as PDF
70300
Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Rules and Regulations
Issued in Kansas City, Missouri, on
November 24, 2006.
Sandra J. Campbell,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E6–20326 Filed 12–1–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–25810; Directorate
Identifier 2006–CE–49–AD; Amendment 39–
14838; AD 2006–24–09]
RIN 2120–AA64
Airworthiness Directives; PZL-Bielsko
Model SZD–50–3 ‘‘Puchacz’’ Gliders
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
mstockstill on PROD1PC61 with RULES
VerDate Aug<31>2005
12:11 Dec 01, 2006
Jkt 211001
Streamlined Issuance of AD
The FAA is implementing a new
process for streamlining the issuance of
ADs related to MCAI. The streamlined
process will allow us to adopt MCAI
safety requirements in a more efficient
manner and will reduce safety risks to
the public. This process continues to
follow all FAA AD issuance processes to
meet legal, economic, Administrative
Procedure Act, and Federal Register
requirements. We also continue to meet
our technical decision-making
responsibilities to identify and correct
unsafe conditions on U.S.-certificated
products.
This AD references the MCAI and
related service information that we
considered in forming the engineering
basis to correct the unsafe condition.
The AD contains text copied from the
MCAI and for this reason might not
follow our plain language principles.
Discussion
We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
issued 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 a discrepancy between the
design documentation and the
Technical Service Manual. In 1981, a
castellated nut with cotter pin was
introduced to secure the rudder,
replacing the self-locking nut through
PZL-Bielsko Bulletin No. BE–06/50–3/
81. This change has not been introduced
to the Technical Service Manual and
use of a self-locking nut, in accordance
with the Manual, is still possible. We
are issuing this AD to require actions
that are intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective
January 8, 2007.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of January 8, 2007.
ADDRESSES: You may examine the AD
docket on the Internet at https://
dms.dot.gov or in person at the Docket
Management Facility, U.S. Department
of Transportation, 400 Seventh Street
SW., Nassif Building, Room PL–401,
Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Gregory Davison, Glider Program
Manager, 901 Locust, Room 301, Kansas
City, Missouri 64106; telephone: (816)
329–4130; fax: (816) 329–4090.
SUMMARY:
SUPPLEMENTARY INFORMATION:
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on September 27, 2006 (71 FR
56416). That NPRM proposed to correct
an unsafe condition for the specific
products. The MCAI states that a
discrepancy between the design
documentation and the Technical
Service Manual has been identified. In
1981, a castellated nut with cotter pin
was introduced to secure the rudder,
replacing the self-locking nut through
PZL-Bielsko Bulletin No BE–06/50–3/
81. This change has not been introduced
to the Technical Service Manual and
use of a self-locking nut, in accordance
with the Manual, is still possible. This
was probably the reason of rudder
disconnection during flight which
occurred recently. If not corrected, loss
of the nut could result and allow the
rudder to slip out of its hinges, separate
from the glider, and lead to loss of
control. This AD requires you to inspect
and, if necessary, replace the Rudder
Attachment parts in accordance with
the instruction contained in the Allstar
PZL Glider Sp. z o.o. Mandatory
Bulletin No. BE–058/SZD–50–3/2006
‘‘PUCHACZ’’, dated August 10, 2006.
Concurrently, changes in the Technical
Service Manual must be introduced in
accordance with the referenced bulletin.
Comments
We gave the public the opportunity to
participate in developing this AD. We
have considered the comments received.
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Frm 00026
Fmt 4700
Sfmt 4700
Jack Buster with the Modification and
Replacement Parts Association
(MARPA) provides comments to the
MCAI AD process pertaining to how the
FAA addresses publishing manufacturer
service information as part of a
proposed AD action. Mr. Buster states
that the rule, as proposed, attempts to
require compliance with a public law by
reference to a private writing (as
referenced in paragraph (e) of the
proposed AD). Mr. Buster would like
the FAA to incorporate by reference
(IBR) the Allstar PZL Glider Sp. z o.o.
Mandatory Bulletin.
We agree with Mr. Buster. However,
we do not IBR any document in a
proposed AD action, instead we IBR the
document in the final rule. Since we are
issuing the proposal as a final rule AD
action, Allstar PZL Glider Sp. z o.o.
Mandatory Bulletin No. BE–058/SZD–
50–3/2006 ‘‘PUCHACZ’’, dated August
10, 2006, is incorporated by reference.
Mr. Buster requests that IBR
documents be made available to the
public by publication in the Federal
Register or in the Docket Management
System (DMS).
We are currently reviewing issues
surrounding the posting of service
bulletins in the Department of
Transportation’s DMS as part of the AD
docket. Once we have thoroughly
examined all aspects of this issue and
have made a final determination, we
will consider whether our current
practice needs to be revised.
Conclusion
We reviewed the available data,
including the comments received, and
determined that air safety and the
public interest require adopting the AD
as proposed.
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 a U.S.
court of law. 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 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, if any, take precedence
over the actions copied from the MCAI.
E:\FR\FM\04DER1.SGM
04DER1
Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Rules and Regulations
Costs of Compliance
We estimate that this AD will affect
about 8 products of U.S. registry. We
also estimate that it will take about 1.5
work-hours per product to comply with
this AD. The average labor rate is $80
per work-hour. Required parts will cost
about $2 per product. Where the service
information lists required parts costs
that are covered under warranty, we
have assumed that there will be no
charge for these parts. As we do not
control warranty coverage for affected
parties, some parties may incur costs
higher than estimated here. Based on
these figures, we estimate the cost of
this AD to the U.S. operators to be $976
or $122 per product.
mstockstill on PROD1PC61 with RULES
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 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.
VerDate Aug<31>2005
12:11 Dec 01, 2006
Jkt 211001
Examining the AD Docket
You may examine the AD docket on
the Internet at https://dms.dot.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 the
NPRM, the regulatory evaluation, any
comments received, and other
information. The street address for the
Docket Office (telephone (800) 647–
5227) is in the ADDRESSES section.
Comments will be available in the AD
docket shortly after receipt.
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 FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
I
2006–24–09 PZL-Bielsko: Amendment 39–
14838; Docket No. FAA–2006–25810;
Directorate Identifier 2006–CE–49–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective January 8, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to PZL-Bielsko Model
SZD–50–3 ‘‘Puchacz’’ gliders, all serial
numbers, certificated in any category.
Reason
(d) The mandatory continuing
airworthiness information (MCAI) states that
the aircraft manufacturer has identified a
discrepancy between the design
documentation and the Technical Service
Manual. In 1981, a castellated nut with cotter
pin was introduced to secure the rudder,
replacing the self-locking nut, through PZL
Bielsko Bulletin No. BE–06/50–3/81. This
change has not been introduced to the
Technical Service Manual and use of a selflocking nut, in accordance with the Manual,
is still possible. This was probably the reason
for rudder disconnection during flight which
occurred recently. If not corrected, loss of the
nut could result and allow the rudder to slip
out of its hinges, separate from the glider,
and lead to loss of control.
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
70301
Actions and Compliance
(e) Unless already done, do the following
actions except as stated in paragraph (f)
below: Within 30 days of January 3, 2007 (the
effective date of this AD) or before further
flight, whichever occurs later, inspect and, if
necessary, replace the Rudder Attachment
parts in accordance with the instruction
contained in Allstar PZL Glider Sp. z o.o.
Mandatory Bulletin No. BE–058/SZD–50–3/
2006 ‘‘PUCHACZ’’, dated August 10, 2006.
Concurrently, changes in the Technical
Service Manual must be introduced in
accordance with the referenced Bulletin.
FAA AD Differences
(f) None.
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Standards Staff,
FAA, ATTN: Gregory Davison, Glider
Program Manager, 901 Locust, Room 301,
Kansas City, Missouri 64106; telephone:
(816) 329–4130; fax: (816) 329–4090, has the
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
CFR 39.19.
(2) Return to Airworthiness: 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 FAAapproved 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,
the Office of Management and Budget (OMB)
has approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
Related Information
(h) This AD is related to EASA EAD No.:
2006–0243–E, which references Allstar PZL
Glider Sp. z o.o. Mandatory Bulletin No BE–
058/SZD–50–3/2006 ‘‘PUCHACZ’’, dated
August 10, 2006.
Material Incorporated by Reference
(i) You must use Allstar PZL Glider Sp. z
o.o. Mandatory Bulletin No. BE–058/SZD–
50–3/2006 ‘‘PUCHACZ’’, dated August 10,
2006, 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 AllStar PZL Glider Sp. z
o.o., ul. Cieszynska 325, 43 300 Bielsko-Biala;
telephone: +48 (0)33 8125021; fax: +48 (0)33
8123739; e-mail: office@szd.com.pl.
(3) You may review copies at the FAA,
Central Region, Office of the Regional
Counsel, 901 Locust, Room 506, Kansas City,
Missouri 64106; or at the National Archives
and Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or go
E:\FR\FM\04DER1.SGM
04DER1
70302
Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Rules and Regulations
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Kansas City, Missouri, on
November 22, 2006.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E6–20325 Filed 12–1–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2006–25182; Airspace
Docket No. 06–AAL–21]
Revision of Class E Airspace; Iliamna,
AK
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; correction.
AGENCY:
SUMMARY: This action corrects an error
in the airspace description contained in
a Final Rule that was published in the
Federal Register on Friday, October 6,
2006 (71 FR 59007). Airspace Docket
No. 06–AAL–21.
DATES: Effective Date: 0901 UTC,
January 18, 2007. The Director of the
Federal Register approves this
incorporation by reference action under
title 1, Code of Federal Regulations, part
51, subject to the annual revision of
FAA Order 7400.9 and publication of
conforming amendments.
FOR FURTHER INFORMATION CONTACT: Gary
Rolf, AAL–538G, Federal Aviation
Administration, 222 West 7th Avenue,
Box 14, Anchorage, AK 99513–7587;
telephone number (907) 271–5898; fax:
(907) 271–2850; e-mail:
gary.ctr.rolf@faa.gov. Internet address:
https://www.alaska.faa.gov/at.
SUPPLEMENTARY INFORMATION:
History
mstockstill on PROD1PC61 with RULES
Federal Register Document E6–16504,
Airspace Docket No. 06–AAL–21,
published on Friday, October 6, 2006
(71 FR 59007), revised Class E airspace
at Iliamna, AK. An error was discovered
in the airspace description associated
with the directional reference to the
200° bearing from the Iliamna Nondirectional Beacon. This action corrects
that error by removing it.
Correction to Final Rule
Accordingly, pursuant to the authority
delegated to me, the airspace
description of the Class E airspace
published in the Federal Register,
I
VerDate Aug<31>2005
12:11 Dec 01, 2006
Jkt 211001
Friday, October 6, 2006 (71 FR 59007),
(FR doc. E6–16504, page 59007, all
references to Iliamna) is corrected as
follows:
§ 71.1
*
[Corrected]
*
*
*
*
AAL AK E5 Iliamna, AK [Revised]
Iliamna Airport, AK
(Lat. 59°45′16″ N., long. 154°54′39″ W.)
Iliamna NDB
(Lat. 59°44′53″ N., long. 154°54′35″ W.)
That airspace extending upward from 700
feet above the surface within a 6.7-mile
radius of the Iliamna Airport and that
airspace 4 miles west and 8 miles east of the
200° bearing from the Iliamna NDB extending
from the 6.7-mile radius to 16 miles; and that
airspace extending upward from 1,200 feet
above the surface within an area bounded by
lat.60°14′00″ N. long. 154°54′00″ W., to lat
59°46′20″ N. long. 153°52′00″ W., to lat.
59°43′00″ N. long 153°00′00″ W., to lat
59°33′00″ N. long. 153°00′00″W., to
lat.59°28′00″ N. long. 154°13′00″ W., to lat
59°18′00″ N. long. 154°04′00″ W., to lat.
59°11′00″ N. long. 155°17′00″ W., to lat
59°32′00″ N. long. 155°31′00″ W., to lat.
59°41′00″ N. long. 156°35′00″ W., to the point
of beginning.
*
*
*
*
*
Issued in Anchorage, AK, on November 16,
2006.
Linda J. Couture,
Acting Director, Alaska Flight Service
Information Office.
[FR Doc. 06–9516 Filed 12–1–06; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2006–25180; Airspace
Docket No. 06–AAL–19]
Establishment of Class E Airspace;
Kokhanok, AK
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; correction.
AGENCY:
This action corrects an error
in the location name (Kokhanok)
contained in a Final Rule that was
published in the Federal Register on
Tuesday, October 10, 2006 (71 FR
59372). Airspace Docket No. 06–AAL–
19.
DATES: Effective Date: 0901 UTC,
November 23, 2006. The Director of the
Federal Register approves this
incorporation by reference action under
title 1, Code of Federal Regulations, part
51, subject to the annual revision of
FAA Order 7400.9 and publication of
conforming amendments.
SUMMARY:
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
Gary
Rolf, AAL–538G, Federal Aviation
Administration, 222 West 7th Avenue,
Box 14, Anchorage, AK 99513–7587;
telephone number (907) 271–5898; fax:
(907) 271–2850; e-mail:
gary.ctr.rolf@faa.gov. Internet address:
https://www.alaska.faa.gov/at.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
History
Federal Register Document 06–8523,
Airspace Docket No. 06–AAL–19,
published on Tuesday, October 10, 2006
(71 FR 59372), established Class E
airspace at Kokhanok, AK. An error was
discovered in the spelling of the airport
name, Kokhanok. This action corrects
that error.
Correction to Final Rule
Accordingly, pursuant to the authority
delegated to me, the airspace
description of the Class E airspace
published in the Federal Register,
Tuesday, October 10, 2006 (71 FR
59372), (FR Doc 06–8523, page 59372,
all references to Kokhanok) is corrected
as follows:
I
§ 71.1
*
[Corrected]
*
*
*
*
AAL AK E5 Kokhanok, AK [New]
Kokhanok Airport, AK
(Lat. 59°26′00″ N., long. 154°48′09″ W.)
That airspace extending upward from 700
feet above the surface within a 6.9-mile
radius of the Kokhanok Airport, and that
airspace 1 mile noth and 1 mile south of the
260° bearing from the Kokhanok Airport
extending from the 6.9-mile radius to 8.8
miles west of the Kokhanok Airport, and that
airspace extending upward from 1,200 feet
above the surface within a 49-mile radius of
the Kokhanok Airport.
*
*
*
*
*
Issued in Anchorage, AK, on November 16,
2006.
Linda J. Couture,
Acting Director, Alaska Flight Service
Information Office.
[FR Doc. 06–9515 Filed 12–1–06; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 520
Oral Dosage Form New Animal Drugs;
Sulfamethazine Soluble Powder
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
E:\FR\FM\04DER1.SGM
Final rule.
04DER1
Agencies
[Federal Register Volume 71, Number 232 (Monday, December 4, 2006)]
[Rules and Regulations]
[Pages 70300-70302]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20325]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25810; Directorate Identifier 2006-CE-49-AD;
Amendment 39-14838; AD 2006-24-09]
RIN 2120-AA64
Airworthiness Directives; PZL-Bielsko Model SZD-50-3 ``Puchacz''
Gliders
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
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 an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as a
discrepancy between the design documentation and the Technical Service
Manual. In 1981, a castellated nut with cotter pin was introduced to
secure the rudder, replacing the self-locking nut through PZL-Bielsko
Bulletin No. BE-06/50-3/81. This change has not been introduced to the
Technical Service Manual and use of a self-locking nut, in accordance
with the Manual, is still possible. We are issuing this AD to require
actions that are intended to address the unsafe condition described in
the MCAI.
DATES: This AD becomes effective January 8, 2007.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of January 8,
2007.
ADDRESSES: You may examine the AD docket on the Internet at https://
dms.dot.gov or in person at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street SW., Nassif Building,
Room PL-401, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Gregory Davison, Glider Program
Manager, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816) 329-4130; fax: (816) 329-4090.
SUPPLEMENTARY INFORMATION:
Streamlined Issuance of AD
The FAA is implementing a new process for streamlining the issuance
of ADs related to MCAI. The streamlined process will allow us to adopt
MCAI safety requirements in a more efficient manner and will reduce
safety risks to the public. This process continues to follow all FAA AD
issuance processes to meet legal, economic, Administrative Procedure
Act, and Federal Register requirements. We also continue to meet our
technical decision-making responsibilities to identify and correct
unsafe conditions on U.S.-certificated products.
This AD references the MCAI and related service information that we
considered in forming the engineering basis to correct the unsafe
condition. The AD contains text copied from the MCAI and for this
reason might not follow our plain language principles.
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on September 27, 2006
(71 FR 56416). That NPRM proposed to correct an unsafe condition for
the specific products. The MCAI states that a discrepancy between the
design documentation and the Technical Service Manual has been
identified. In 1981, a castellated nut with cotter pin was introduced
to secure the rudder, replacing the self-locking nut through PZL-
Bielsko Bulletin No BE-06/50-3/81. This change has not been introduced
to the Technical Service Manual and use of a self-locking nut, in
accordance with the Manual, is still possible. This was probably the
reason of rudder disconnection during flight which occurred recently.
If not corrected, loss of the nut could result and allow the rudder to
slip out of its hinges, separate from the glider, and lead to loss of
control. This AD requires you to inspect and, if necessary, replace the
Rudder Attachment parts in accordance with the instruction contained in
the Allstar PZL Glider Sp. z o.o. Mandatory Bulletin No. BE-058/SZD-50-
3/2006 ``PUCHACZ'', dated August 10, 2006. Concurrently, changes in the
Technical Service Manual must be introduced in accordance with the
referenced bulletin.
Comments
We gave the public the opportunity to participate in developing
this AD. We have considered the comments received.
Jack Buster with the Modification and Replacement Parts Association
(MARPA) provides comments to the MCAI AD process pertaining to how the
FAA addresses publishing manufacturer service information as part of a
proposed AD action. Mr. Buster states that the rule, as proposed,
attempts to require compliance with a public law by reference to a
private writing (as referenced in paragraph (e) of the proposed AD).
Mr. Buster would like the FAA to incorporate by reference (IBR) the
Allstar PZL Glider Sp. z o.o. Mandatory Bulletin.
We agree with Mr. Buster. However, we do not IBR any document in a
proposed AD action, instead we IBR the document in the final rule.
Since we are issuing the proposal as a final rule AD action, Allstar
PZL Glider Sp. z o.o. Mandatory Bulletin No. BE-058/SZD-50-3/2006
``PUCHACZ'', dated August 10, 2006, is incorporated by reference.
Mr. Buster requests that IBR documents be made available to the
public by publication in the Federal Register or in the Docket
Management System (DMS).
We are currently reviewing issues surrounding the posting of
service bulletins in the Department of Transportation's DMS as part of
the AD docket. Once we have thoroughly examined all aspects of this
issue and have made a final determination, we will consider whether our
current practice needs to be revised.
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed.
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 a U.S. court of
law. 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 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, if
any, take precedence over the actions copied from the MCAI.
[[Page 70301]]
Costs of Compliance
We estimate that this AD will affect about 8 products of U.S.
registry. We also estimate that it will take about 1.5 work-hours per
product to comply with this AD. The average labor rate is $80 per work-
hour. Required parts will cost about $2 per product. Where the service
information lists required parts costs that are covered under warranty,
we have assumed that there will be no charge for these parts. As we do
not control warranty coverage for affected parties, some parties may
incur costs higher than estimated here. Based on these figures, we
estimate the cost of this AD to the U.S. operators to be $976 or $122
per product.
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 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.
Examining the AD Docket
You may examine the AD docket on the Internet at https://
dms.dot.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 the NPRM, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (telephone (800) 647-5227) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.
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:
2006-24-09 PZL-Bielsko: Amendment 39-14838; Docket No. FAA-2006-
25810; Directorate Identifier 2006-CE-49-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective January
8, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to PZL-Bielsko Model SZD-50-3 ``Puchacz''
gliders, all serial numbers, certificated in any category.
Reason
(d) The mandatory continuing airworthiness information (MCAI)
states that the aircraft manufacturer has identified a discrepancy
between the design documentation and the Technical Service Manual.
In 1981, a castellated nut with cotter pin was introduced to secure
the rudder, replacing the self-locking nut, through PZL Bielsko
Bulletin No. BE-06/50-3/81. This change has not been introduced to
the Technical Service Manual and use of a self-locking nut, in
accordance with the Manual, is still possible. This was probably the
reason for rudder disconnection during flight which occurred
recently. If not corrected, loss of the nut could result and allow
the rudder to slip out of its hinges, separate from the glider, and
lead to loss of control.
Actions and Compliance
(e) Unless already done, do the following actions except as
stated in paragraph (f) below: Within 30 days of January 3, 2007
(the effective date of this AD) or before further flight, whichever
occurs later, inspect and, if necessary, replace the Rudder
Attachment parts in accordance with the instruction contained in
Allstar PZL Glider Sp. z o.o. Mandatory Bulletin No. BE-058/SZD-50-
3/2006 ``PUCHACZ'', dated August 10, 2006. Concurrently, changes in
the Technical Service Manual must be introduced in accordance with
the referenced Bulletin.
FAA AD Differences
(f) None.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Staff, FAA, ATTN: Gregory Davison, Glider Program Manager,
901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816)
329-4130; fax: (816) 329-4090, has the authority to approve AMOCs
for this AD, if requested using the procedures found in 14 CFR
39.19.
(2) Return to Airworthiness: 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, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.
Related Information
(h) This AD is related to EASA EAD No.: 2006-0243-E, which
references Allstar PZL Glider Sp. z o.o. Mandatory Bulletin No BE-
058/SZD-50-3/2006 ``PUCHACZ'', dated August 10, 2006.
Material Incorporated by Reference
(i) You must use Allstar PZL Glider Sp. z o.o. Mandatory
Bulletin No. BE-058/SZD-50-3/2006 ``PUCHACZ'', dated August 10,
2006, 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
AllStar PZL Glider Sp. z o.o., ul. Cieszynska 325, 43 300 Bielsko-
Biala; telephone: +48 (0)33 8125021; fax: +48 (0)33 8123739; e-mail:
office@szd.com.pl.
(3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri
64106; or at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go
[[Page 70302]]
to: https://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.
Issued in Kansas City, Missouri, on November 22, 2006.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E6-20325 Filed 12-1-06; 8:45 am]
BILLING CODE 4910-13-P