Federal Register, Volume 75 Issue 164 (Wednesday, August 25, 2010)

[Federal Register Volume 75, Number 164 (Wednesday, August 25, 2010)]
[Rules and Regulations]
[Pages 52250-52253]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20877]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0839; Directorate Identifier 2010-CE-042-AD;
Amendment 39-16418; AD 2010-18-05]
RIN 2120-AA64

Airworthiness Directives; Aircraft Industries a.s. (Type
Certificate G24EU 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.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above that will supersede an existing AD. 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:

This AD requires actions that are intended to address the unsafe
condition described in the MCAI.

DATES: This AD becomes effective August 30, 2010.
We must receive comments on this AD by October 12, 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

[[Page 52251]]

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,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106, telephone: (816) 329-4130, fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

On June 28, 2010, we issued AD 2010-14-15, Amendment 39-16360 (75
FR 39795), dated July 13, 2010. That AD required actions intended to
address an unsafe condition on the products listed above.
Since we issued AD 2010-14-15, we have received preliminary
information from the European Aviation Safety Agency (EASA), which is
the Technical Agent for the Member States of the European Community,
that identified fatigue as the failure mode in the fatal accident. The
examination of the fractures in the wing flange straps found eight
areas of fatigue cracking that originated from the surface of the bores
used to rivet the flange straps to the hinge. The fatigue cracks had
propagated to the surface of the flange straps and were not visible for
inspection.
In addition, we received several public comments indicating that
the use of a 10X magnifier is not appropriate to assess the specified
inspection areas and portions of the operational data requested by the
current AD are not required for U.S. operators.
EASA has issued Emergency AD No. 2010-0160-E, dated July 30, 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 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, the AD 2010-0119-E imposed operational limitations. AD
2010-0122-E retained the requirements of AD 2010-0119-E, which is
superseded, and extended the applicability to L-13 A BLAN[Iacute]K
sailplanes.
The requirements of AD 2010-0122-E were considered as interim
action to immediately address the unsafe condition. Since issuance
of AD 2010-0122-E, based on further information provided by the
Austrian Accident Investigation Board, EASA has re-assessed the
inspection method as described in Aircraft Industries a.s. Mandatory
Bulletin No. L13/109a. EASA now concludes that the inspection method
might not be sufficient for detecting the crack which means that the
unsafe condition might still be present even if the sailplane has
passed the inspection required by AD 2010-0122-E. Furthermore, the
Type Certificate Holder indicates that it is extremely important to
remain within the flight limitations specified in the Aircraft
Industries a.s. Mandatory Bulletin No. L13/109a. For this reason,
this AD further requires a record checking for determining if the
sailplane has been operated within the flight limitations.
For all the reasons stated above, as a precautionary measure,
this AD is prohibiting operations when a sailplane does not pass the
requirements of this AD. For those sailplanes, EASA is currently
working with the Type Certificate Holder. When, as a result of the
on-going investigation, a solution is later identified, further
mandatory action is likely to follow.

You may obtain further information by examining the MCAI in the AD
docket.

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-2010-0839; Directorate
Identifier 2010-CE-042-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

[[Page 52252]]

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, 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 removing Amendment 39-16360 (75 FR
39795), dated July 13, 2010, and adding the following new AD:

2010-18-05 Aircraft Industries a.s. (Type Certificate G24EU
Previously Held by Leteck[eacute] Z[aacute]vody a.s. and LET
Aeronautical Works): Amendment 39-16418; Docket No. FAA-2010-0839;
Directorate Identifier 2010-CE-042-AD.

Effective Date

(a) This airworthiness directive (AD) becomes effective August
30, 2010.

Affected ADs

(b) This AD supersedes AD 2010-14-15; Amendment 39-16360.

Applicability

Subject

(d) Air Transport Association of America (ATA) Code 57: Wings.

Reason

(e) The mandatory continuing airworthiness information (MCAI)
states:

Actions and Compliance

(f) To address this problem, before further flight after August
30, 2010 (the effective date of this AD), incorporate an FAA-
approved inspection and/or modification program developed
specifically for this AD. Corrective action is considered FAA-
approved if it is 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.

FAA AD Differences

Note: This AD differs from the MCAI and/or service information
as follows: The MCAI requires the owner/operator to submit data
regarding certain operations including aerobatic operations, to the
European Aviation Safety Agency (EASA) and Aircraft Industries, a.s.
so they can determine whether further flight is permitted. The FAA
does not require such data to be collected for operations in the
United States. The FAA is relying on an inspection and/or
modification program approved specifically for this AD to detect and
correct cracks before further flight. Until such a program is
approved, owners/operators may apply for an alternative method of
compliance (AMOC) following 14 CFR 39.19 described in paragraph
(f)(1) of this AD. The FAA will work with EASA and Aircraft
Industries a.s. to determine if an acceptable level of safety is
achieved with the AMOC proposal.

Other FAA AD Provisions

(f) 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.

Special Flight Permit

(g) Under 14 CFR part 39.23, we are limiting the special flight
permits for this AD by prohibiting aerobatic maneuvers.

Related Information

(h) Refer to MCAI EASA Emergency AD No. 2010-0160-E, dated July
30, 2010, for related information. For future service information
that may be developed to address the unsafe condition specified in
this AD, contact Aircraft Industries, a.s., Na Z[aacute]honech 1177,
686 04 Kunovice, Czech Republic; telephone: +420 572 817 660; fax:
+420 572 816 112; Internet: http://www.let.cz/; e-mail: ots@let.cz.

[[Page 52253]]

Issued in Kansas City, Missouri, on August 17, 2010.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-20877 Filed 8-24-10; 8:45 am]
BILLING CODE 4910-13-P