Airworthiness Directives; Aircraft Industries a.s. (Type Certificate G60EU Previously Held by LETECKÉ ZÁVODY a.s. and LET Aeronautical Works) Model L-13 Blanik Gliders, 39795-39798 [2010-16382]
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39795
Federal Register / Vol. 75, No. 133 / Tuesday, July 13, 2010 / Rules and Regulations
TABLE 7—ALL MATERIAL INCORPORATED BY REFERENCE
Airbus—
AOT
AOT
AOT
AOT
Revision—
A330–24A3042
A330–24A3044
A340–24A4056
A340–24A4057
...........................................................................................................................................
...........................................................................................................................................
...........................................................................................................................................
...........................................................................................................................................
02
03
02
03
AOT A340–24–A5020 .........................................................................................................................................
AOT A340–24A5021 ...........................................................................................................................................
02
02
Mandatory Service Bulletin A330–24–3045 ........................................................................................................
Mandatory Service Bulletin A340–24–4058 ........................................................................................................
Mandatory Service Bulletin A340–24–5022 ........................................................................................................
01
01
01
Dated—
April 12, 2007.
May 26, 2008.
April 12, 2007.
December 20,
2007.
April 12, 2007.
December 20,
2007.
October 1, 2008.
October 1, 2008.
November 27,
2008.
(The AOT document number, revision level, and date are indicated on only page 1 of these documents.)
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information contained in Table 8
of this AD under 5 U.S.C. 552(a) and 1 CFR
part 51.
TABLE 8—NEW MATERIAL INCORPORATED BY REFERENCE
Airbus—
Revision—
AOT A330–24A3044 ...........................................................................................................................................
AOT A340–24A4057 ...........................................................................................................................................
03
03
AOT A340–24A5021 ...........................................................................................................................................
02
Mandatory Service Bulletin A330–24–3045 ........................................................................................................
Mandatory Service Bulletin A340–24–4058 ........................................................................................................
Mandatory Service Bulletin A340–24–5022 ........................................................................................................
01
01
01
(2) The Director of the Federal Register
previously approved the incorporation by
reference of the service information
Dated—
May 26, 2008.
December 20,
2007.
December 20,
2007.
October 1, 2008.
October 1, 2008.
November 27,
2008.
contained in Table 9 of this AD on June 26,
2007 (72 FR 31973, June 11, 2007).
TABLE 9—MATERIAL PREVIOUSLY INCORPORATED BY REFERENCE
Revision
level—
Airbus all operators telex—
jlentini on DSKJ8SOYB1PROD with RULES
A330–24A3042 .........................................................................................................................................................
A340–24A4056 .........................................................................................................................................................
A340–24A5020 .........................................................................................................................................................
(3) For service information identified in
this AD, contact Airbus SAS—Airworthiness
Office—EAL, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33
5 61 93 36 96; fax +33 5 61 93 45 80, e-mail:
airworthiness.A330-A340@airbus.com;
Internet https://www.airbus.com.
(4) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the
availability of this material at the FAA, call
425–227–1221.
(5) You may also review copies of the
service information that is incorporated by
reference 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: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
VerDate Mar<15>2010
16:12 Jul 12, 2010
Jkt 220001
Issued in Renton, Washington, June 23,
2010.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
Dated—
02
02
02
April 12, 2007.
April 12, 2007.
April 12, 2007.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[FR Doc. 2010–16181 Filed 7–12–10; 8:45 am]
[Docket No. FAA–2010–0684; Directorate
Identifier 2010–CE–031–AD; Amendment
39–16360; AD 2010–14–15]
BILLING CODE 4910–13–P
PO 00000
RIN 2120–AA64
Airworthiness Directives; Aircraft
Industries a.s. (Type Certificate G60EU
´ ´
Previously Held by LETECKE ZAVODY
a.s. and LET Aeronautical Works)
Model L–13 Blanik Gliders
AGENCY: Federal Aviation
Administration (FAA), DOT.
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13JYR1
39796
Federal Register / Vol. 75, No. 133 / Tuesday, July 13, 2010 / Rules and Regulations
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:
A fatal accident occurred to a L–13
´
BLANIK sailplane, in which the main spar of
the right wing failed near the root due to
positive load. The right wing detached from
the aircraft and the pilots lost control of the
sailplane.
The preliminary investigation has revealed
that the fracture may have been due to
fatigue.
jlentini on DSKJ8SOYB1PROD with RULES
This AD requires actions that are
intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective July
19, 2010.
On July 19, 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 August 27, 2010.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://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 https://
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,
VerDate Mar<15>2010
16:12 Jul 12, 2010
Jkt 220001
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 Emergency AD
No.: 2010–0122–E, dated June 23, 2010
(referred to after this as ‘‘the MCAI’’), to
correct an unsafe condition for the
specified products. The MCAI states:
A fatal accident occurred to a L–13
´
BLANIK sailplane, in which the main spar of
the right wing failed near the root due to
positive load. The right wing detached from
the aircraft and the pilots lost control of the
sailplane.
The preliminary investigation has revealed
that the fracture may have been due to
fatigue.
The Emergency AD 2010–0119–E required
immediate inspection of the main spar at the
root of the wing to detect fatigue cracking
and the accomplishment of the relevant
corrective actions as necessary. In addition,
this AD 2010–0119–E imposed operational
limitations. This AD retains the requirements
of AD 2010–0119–E, which is superseded,
and extends the applicability to L–13 A
´
BLANIK sailplanes.
The requirements of this AD are
considered as interim action to immediately
address this unsafe condition. If, as a result
of the on-going investigation, a terminating
action is later identified, further mandatory
actions might be considered.
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.: L13/109a,
dated June 18, 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.
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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
the flying public justifies waiving notice
and comment prior to adoption of this
rule because a fatal accident occurred in
an L–13 Blanik glider. The main spar of
the right wing of the accident glider
failed near the root due to positive load.
The right wing detached from the
aircraft and the pilots lost control. The
preliminary investigation has revealed
that the fracture may have been due to
fatigue. 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–2010–0684;
Directorate Identifier 2010–CE–031–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 https://
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.
E:\FR\FM\13JYR1.SGM
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Federal Register / Vol. 75, No. 133 / Tuesday, July 13, 2010 / Rules and Regulations
Authority for This Rulemaking
§ 39.13
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
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
jlentini on DSKJ8SOYB1PROD with RULES
■
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.
VerDate Mar<15>2010
16:12 Jul 12, 2010
Jkt 220001
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
2010–14–15 Aircraft Industries a.s. (Type
Certificate G60EU Previously Held by
´ ´
LETECKE ZAVODY a.s. and LET
Aeronautical Works): Amendment 39–
16360; Docket No. FAA–2010–0684;
Directorate Identifier 2010–CE–031–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective July 19, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Models L–13 Blanik
gliders, all serial numbers, certificated in any
category.
Subject
(d) Air Transport Association of America
(ATA) Code 57: Wings.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
A fatal accident occurred to a L–13
´
BLANIK sailplane, in which the main spar of
the right wing failed near the root due to
positive load. The right wing detached from
the aircraft and the pilots lost control of the
sailplane.
The preliminary investigation has revealed
that the fracture may have been due to
fatigue.
The Emergency AD 2010–0119–E required
immediate inspection of the main spar at the
root of the wing to detect fatigue cracking
and the accomplishment of the relevant
corrective actions as necessary. In addition,
this AD 2010–0119–E imposed operational
limitations. This AD retains the requirements
of AD 2010–0119–E, which is superseded,
and extends the applicability to L–13 A
´
BLANIK sailplanes.
The requirements of this AD are
considered as interim action to immediately
address this unsafe condition. If, as a result
of the on-going investigation, a terminating
action is later identified, further mandatory
actions might be considered.
Actions and Compliance
(f) Unless already done, do the following
actions.
(1) As of July 19, 2010, aerobatics
maneuvers (i.e., roll, loop, stalled turn,
immelmann turn, half roll, and inverted
flight) are prohibited. Before further flight
after July 19, 2010, insert a copy of this AD
into the flight manual to comply with the
requirements of this paragraph. The chapter
‘‘Aerobatics’’ in ‘‘Pilot’s Notes for the L–13
sailplane’’ (flight manual) is not valid.
(2) Before further flight after July 19, 2010,
inspect the wing critical areas following
Aircraft Industries a.s. Mandatory Bulletin
MB No.: L13/109a, dated June 18, 2010,
except use a 10X magnifier.
(3) If any cracks are found during the
inspection required by paragraph (f)(2) of this
AD, no further flights are permitted.
PO 00000
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Fmt 4700
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39797
(4) Within 10 days after the inspection
required by paragraph (f)(2) of this AD,
submit the following information requested
by Aircraft Industries a.s. Mandatory Bulletin
MB No.: L13/109a, dated June 18, 2010, for
further assessment. Send information to the
address listed in paragraph (i)(2) of this AD.
(i) Appendix No. 1, Summary of L–13
glider Log book record; and
(ii) Paragraph H. RECORD IN GLIDER
LOGBOOK AFTER BULLETIN EXECUTION.
Note 1: The above limitation is an interim
solution until a final action is identified, at
which time the European Aviation Safety
Agency (EASA) and the FAA may consider
further AD action.
FAA AD Differences
Note 2: This AD differs from the MCAI
and/or service information as follows. The
service information requires a visual
inspection with a 6X magnifier. We are
requiring a 10X magnifier to detect cracks
that could go undetected using only a 6X
magnifier.
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 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
(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.: 2010–0122–E, dated June 23, 2010; and
Aircraft Industries a.s. Mandatory Bulletin
MB No.: L13/109a, dated June 18, 2010, for
related information.
Material Incorporated by Reference
(i) You must use Aircraft Industries a.s.
Mandatory Bulletin MB No.: L13/109a, dated
June 18, 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
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39798
Federal Register / Vol. 75, No. 133 / Tuesday, July 13, 2010 / Rules and Regulations
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
´
Zahonech 1177, 686 04 Kunovice, Czech
Republic; phone: +420 572 817 660; fax: +420
572 816 112; Internet: https://www.let.cz/; email: ots@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: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Kansas City, Missouri, on June
28, 2010.
James E. Jackson,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2010–16382 Filed 7–12–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2010–0382; Directorate
Identifier 2009–NM–211–AD; Amendment
39–16361; AD 2010–14–16]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc. Model DHC–8–400, –401, and –402
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
jlentini on DSKJ8SOYB1PROD with RULES
SUMMARY: We are superseding an
existing airworthiness directive (AD) for
the products listed above. This 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:
Several cases have been reported where a
loss of fluid in the No.2 hydraulic system has
caused the power transfer unit (PTU) to
overspeed, resulting in pressure fluctuations
and increased fluid flow within the No. 1
hydraulic system. In one case, the hydraulic
system control logic did not shut down the
PTU and the overspeed condition persisted,
VerDate Mar<15>2010
16:12 Jul 12, 2010
Jkt 220001
resulting in the illumination of the No.1 HYD
FLUID HOT caution light.
*
*
*
*
*
The unsafe condition is possible loss of
both the No. 1 and No. 2 hydraulic
systems, resulting in the potential loss
of several functions essential for safe
flight and landing of the airplane. We
are issuing this AD to require actions to
correct the unsafe condition on these
products.
DATES: This AD becomes effective
August 17, 2010.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of August 17, 2010.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of September 2, 2008 (73 FR 47818,
August 15, 2008).
The Director of the Federal Register
approved the incorporation by reference
of certain other publications listed in
this AD as of July 10, 2007 (72 FR
30968, June 5, 2007).
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at the
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Fabio Buttitta, Aerospace Engineer,
Airframe and Mechanical Systems
Branch, ANE–171, FAA, New York
Aircraft Certification Office, 1600
Stewart Avenue, Suite 410, Westbury,
New York 11590; telephone (516) 228–
7303; fax (516) 794–5531.
SUPPLEMENTARY INFORMATION:
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 April 21, 2010 (75 FR
20787), and proposed to supersede AD
2008–17–06, Amendment 39–15644 (73
FR 47818, August 15, 2008). That NPRM
proposed to correct an unsafe condition
for the specified products. The MCAI
states:
Since we issued AD 2008–17–06, a
modification of the power transfer unit
(PTU) control logic, including the
provision of automatic PTU shutdown
in the event of loss of fluid in the No.
2 hydraulic system, has been developed.
The modification addresses the
identified unsafe condition. In addition,
the applicability has been revised to
remove airplanes having serial number
PO 00000
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Fmt 4700
Sfmt 4700
4185 and subsequent, since an
equivalent modification has been
installed in production on these
airplanes. Transport Canada Civil
Aviation (TCCA), which is the aviation
authority for Canada, has issued
Canadian Airworthiness Directive CF–
2006–08R1, dated August 31, 2009
(referred to after this as ‘‘the MCAI’’), to
correct an unsafe condition for the
specified products. The MCAI states:
Several cases have been reported where a
loss of fluid in the No.2 hydraulic system has
caused the power transfer unit (PTU) to
overspeed, resulting in pressure fluctuations
and increased fluid flow within the No. 1
hydraulic system. In one case, the hydraulic
system control logic did not shut down the
PTU and the overspeed condition persisted,
resulting in the illumination of the No. 1
HYD FLUID HOT caution light.
As an interim action to avoid possible loss
of both the No. 1 and No. 2 hydraulic
systems, the Airplane Flight Manual (AFM)
has been revised to include pulling the HYD
PWR XFER circuit breaker in the event of the
loss of all hydraulic fluid in the No. 2
hydraulic system.
Insertion of the resultant Temporary
Amendment (TA) No. 13 into the AFM was
mandated in the original issue of this
[Canadian] directive. This instruction * * *
remains in effect until * * * this [revised]
directive is accomplished.
Revision 1 of this directive * * *
mandates modification of the PTU control
logic, including the provision of automatic
PTU shutdown in the event of loss of fluid
in the No. 2 hydraulic system. In addition,
the applicability of the [Canadian] directive
has been revised to remove aircraft Serial
Number (SN) 4185 and subsequent, since an
equivalent modification has been installed in
production on these aircraft.
The unsafe condition is possible loss of
both the No. 1 and No. 2 hydraulic
systems, resulting in the potential loss
of several functions essential for safe
flight and landing of the airplane. You
may obtain further information by
examining the MCAI in the AD docket.
Comments
We gave the public the opportunity to
participate in developing this AD. We
received no comments on the NPRM or
on the determination of the cost to the
public.
Conclusion
We reviewed the available data 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
E:\FR\FM\13JYR1.SGM
13JYR1
]]>Agencies
[Federal Register Volume 75, Number 133 (Tuesday, July 13, 2010)]
[Rules and Regulations]
[Pages 39795-39798]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16382]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0684; Directorate Identifier 2010-CE-031-AD;
Amendment 39-16360; AD 2010-14-15]
RIN 2120-AA64
Airworthiness Directives; Aircraft Industries a.s. (Type
Certificate G60EU Previously Held by LETECK[Eacute] Z[Aacute]VODY a.s.
and LET Aeronautical Works) Model L-13 Blanik Gliders
AGENCY: Federal Aviation Administration (FAA), DOT.
[[Page 39796]]
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:
A fatal accident occurred to a L-13 BLAN[Iacute]K sailplane, in
which the main spar of the right wing failed near the root due to
positive load. The right wing detached from the aircraft and the
pilots lost control of the sailplane.
The preliminary investigation has revealed that the fracture may
have been due to fatigue.
This AD requires actions that are intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective July 19, 2010.
On July 19, 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 August 27, 2010.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://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 https://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
Emergency AD No.: 2010-0122-E, dated June 23, 2010 (referred to after
this as ``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:
A fatal accident occurred to a L-13 BLAN[Iacute]K sailplane, in
which the main spar of the right wing failed near the root due to
positive load. The right wing detached from the aircraft and the
pilots lost control of the sailplane.
The preliminary investigation has revealed that the fracture may
have been due to fatigue.
The Emergency AD 2010-0119-E required immediate inspection of
the main spar at the root of the wing to detect fatigue cracking and
the accomplishment of the relevant corrective actions as necessary.
In addition, this AD 2010-0119-E imposed operational limitations.
This AD retains the requirements of AD 2010-0119-E, which is
superseded, and extends the applicability to L-13 A BLAN[Iacute]K
sailplanes.
The requirements of this AD are considered as interim action to
immediately address this unsafe condition. If, as a result of the
on-going investigation, a terminating action is later identified,
further mandatory actions might be considered.
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.: L13/
109a, dated June 18, 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.
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 the flying public justifies
waiving notice and comment prior to adoption of this rule because a
fatal accident occurred in an L-13 Blanik glider. The main spar of the
right wing of the accident glider failed near the root due to positive
load. The right wing detached from the aircraft and the pilots lost
control. The preliminary investigation has revealed that the fracture
may have been due to fatigue. 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-2010-0684; Directorate
Identifier 2010-CE-031-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 https://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.
[[Page 39797]]
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:
2010-14-15 Aircraft Industries a.s. (Type Certificate G60EU
Previously Held by LETECK[Eacute] Z[Aacute]VODY a.s. and LET
Aeronautical Works): Amendment 39-16360; Docket No. FAA-2010-0684;
Directorate Identifier 2010-CE-031-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective July 19,
2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Models L-13 Blanik gliders, all serial
numbers, certificated in any category.
Subject
(d) Air Transport Association of America (ATA) Code 57: Wings.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
A fatal accident occurred to a L-13 BLAN[Iacute]K sailplane, in
which the main spar of the right wing failed near the root due to
positive load. The right wing detached from the aircraft and the
pilots lost control of the sailplane.
The preliminary investigation has revealed that the fracture may
have been due to fatigue.
The Emergency AD 2010-0119-E required immediate inspection of
the main spar at the root of the wing to detect fatigue cracking and
the accomplishment of the relevant corrective actions as necessary.
In addition, this AD 2010-0119-E imposed operational limitations.
This AD retains the requirements of AD 2010-0119-E, which is
superseded, and extends the applicability to L-13 A BLAN[Iacute]K
sailplanes.
The requirements of this AD are considered as interim action to
immediately address this unsafe condition. If, as a result of the
on-going investigation, a terminating action is later identified,
further mandatory actions might be considered.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) As of July 19, 2010, aerobatics maneuvers (i.e., roll, loop,
stalled turn, immelmann turn, half roll, and inverted flight) are
prohibited. Before further flight after July 19, 2010, insert a copy
of this AD into the flight manual to comply with the requirements of
this paragraph. The chapter ``Aerobatics'' in ``Pilot's Notes for
the L-13 sailplane'' (flight manual) is not valid.
(2) Before further flight after July 19, 2010, inspect the wing
critical areas following Aircraft Industries a.s. Mandatory Bulletin
MB No.: L13/109a, dated June 18, 2010, except use a 10X magnifier.
(3) If any cracks are found during the inspection required by
paragraph (f)(2) of this AD, no further flights are permitted.
(4) Within 10 days after the inspection required by paragraph
(f)(2) of this AD, submit the following information requested by
Aircraft Industries a.s. Mandatory Bulletin MB No.: L13/109a, dated
June 18, 2010, for further assessment. Send information to the
address listed in paragraph (i)(2) of this AD.
(i) Appendix No. 1, Summary of L-13 glider Log book record; and
(ii) Paragraph H. RECORD IN GLIDER LOGBOOK AFTER BULLETIN
EXECUTION.
Note 1: The above limitation is an interim solution until a
final action is identified, at which time the European Aviation
Safety Agency (EASA) and the FAA may consider further AD action.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service
information as follows. The service information requires a visual
inspection with a 6X magnifier. We are requiring a 10X magnifier to
detect cracks that could go undetected using only a 6X magnifier.
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.: 2010-0122-E, dated June
23, 2010; and Aircraft Industries a.s. Mandatory Bulletin MB No.:
L13/109a, dated June 18, 2010, for related information.
Material Incorporated by Reference
(i) You must use Aircraft Industries a.s. Mandatory Bulletin MB
No.: L13/109a, dated June 18, 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
[[Page 39798]]
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]honech 1177, 686 04 Kunovice,
Czech Republic; phone: +420 572 817 660; fax: +420 572 816 112;
Internet: https://www.let.cz/; e-mail: ots@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: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Kansas City, Missouri, on June 28, 2010.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-16382 Filed 7-12-10; 8:45 am]
BILLING CODE 4910-13-P
