[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Rules and Regulations]
[Pages 47275-47277]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19094]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0598; Directorate Identifier 2012-CE-017-AD; 
Amendment; 39-17150; AD 2012-16-03]
RIN 2120-AA64


Airworthiness Directives; HPH s. r.o. Sailplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all HPH 
s. r.o. Models 304C, 304CZ, and 304CZ-17 sailplanes. 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 the lack of a drain hole in the elevator control rod, 
which may allow water to accumulate in the control rod and lead to 
possible corrosion. This condition could cause the elevator control rod 
to fail, which could result in loss of control of the sailplane. We are 
issuing this AD to require actions to address the unsafe condition on 
these products.

DATES: This AD is effective September 12, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of September 12, 
2012.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document Management Facility, U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 
20590.
    For service information identified in this AD, contact HPH spol. s. 
r.o., [Ccaron][aacute]slavsk[aacute] 126, P.O. Box 112, 284 01 
Kutn[aacute] Hora, Czech Republic; phone: +420 327 512 633; fax: +420 
327 513 441; email: hph@hph.cz; Internet: www.hph.cz. You may review 
copies of

[[Page 47276]]

the referenced service information at the FAA, Small Airplane 
Directorate, 901 Locust, Kansas City, Missouri 64106. For information 
on the availability of this material at the FAA, call (816) 329-4148.

FOR FURTHER INFORMATION CONTACT: Taylor Martin, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; phone: (816) 329-4138; fax: (816) 329-4090; email: 
taylor.martin@faa.gov.

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 June 5, 2012 (77 FR 
33127). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    A broken elevator control rod in the vertical fin on a Kestrel 
sailplane has been reported.
    The technical investigation revealed that water had soaked into 
the elevator control rod through a control bore hole and resulted in 
corrosion damage. The investigation concluded that the corrosion 
cannot be detected from outside the elevator control rod.
    This condition, if not detected and corrected, could lead to 
failure of the elevator control rod, possibly resulting in loss of 
control of the sailplane.
    To address this unsafe condition, HPH spol. s.r.o. published 
Service Bulletins (SB): G304CZ-06a), G304CZ17-06a), G304C-06a), 
providing instructions for elevator control rod inspection and 
replacement.
    For the reasons described above, this AD requires accomplishment 
of a one-time inspection of the elevator control rod in the vertical 
fin and replacement with an improved control rod if control rod 
without drainage hole is used.

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 (77 FR 33127, June 5, 
2012) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting the AD as proposed except for 
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 33127, June 5, 2012) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 33127, June 5, 2012).

Costs of Compliance

    We estimate that this AD will affect 10 products of U.S. registry. 
We also estimate that it will take about 6 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $233 per product.
    Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $7,430, or $743 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 the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM, 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.

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:

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:

2012-16-03 HPH s. r.o. Sailplanes: Amendment 39-17150; Docket No. 
FAA-2012-0598; Directorate Identifier 2012-CE-017-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective September 
12, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to HPH s. r.o. Models 304C, 304CZ, and 304CZ-17 
sailplanes, all serial numbers, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 27, Flight 
controls.

(e) Reason

    This AD was prompted by 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 the lack of a 
drain hole in the elevator control rod, which may allow water to 
accumulate in the control rod and lead to possible corrosion. We are 
issuing this AD to prevent failure of the elevator control rod, 
which could result in loss of control of the sailplane.

[[Page 47277]]

(f) Actions and Compliance

    Unless already done, do the following actions in accordance with 
HPH spol. s. r.o. Service Bulletin No.: G304CZ--06 a)--R01, G304C--
06 a)--R01, G304CZ17--06 a)--R01, dated April 23, 2012:
    (1) Within 30 days after September 12, 2012 (the effective date 
of this AD), inspect the elevator control rod in the vertical fin.
    (2) If you find any deficiency during the inspection required by 
paragraph (f)(1) of this AD, before further flight, replace the 
elevator control rod with an elevator control rod that has a drain 
hole.
    (3) Within 9 months after September 12, 2012 (the effective date 
of this AD), unless already done as required by paragraph (f)(2) of 
this AD, replace the elevator control rod in the vertical fin with 
an elevator control rod that has a drain hole.
    (4) As of September 12, 2012 (the effective date of this AD), do 
not install an elevator control rod without a drainage hole.

 (g) Material Incorporated by Reference

    (1) You must use HPH spol. s. r.o. Service Bulletin No.: 
G304CZ--06 a)--R01, G304C--06 a)--R01, G304CZ17--06 a)--R01, dated 
April 23, 2012, to do the actions required by this AD, unless the AD 
specifies otherwise. The Director of the Federal Register approved 
the incorporation by reference (IBR) under 5 U.S.C. 552(a) and 1 CFR 
part 51.
    (2) For service information identified in this AD, contact HPH 
spol. s. r.o., [Ccaron][aacute]slavsk[aacute] 126, P.O. Box 112, 284 
01 Kutn[aacute] Hora, Czech Republic, telephone: +420 327 512 633; 
fax: +420 327 513 441; email: hph@hph.cz; Internet: www.hph.cz.
    (3) You may review copies of the service information at the FAA, 
FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the 
FAA, call (816) 329-4148.
    (4) 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 an NARA facility, call 202-741-6030, or go to http://www.archives.gov/federal-register/cfr/index.html.

    Issued in Kansas City, Missouri, on July 30, 2012.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2012-19094 Filed 8-7-12; 8:45 am]
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