[Federal Register Volume 65, Number 8 (Wednesday, January 12, 2000)]
[Rules and Regulations]
[Pages 1769-1771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-497]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-CE-76-AD; Amendment 39-11503; AD 2000-01-06]
RIN 2120-AA64


Airworthiness Directives; Rolladen Schneider Flugzeugbau GmbH 
Model LS6-c Sailplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain Rolladen Schneider Flugzeugbau GmbH (Rolladen 
Schneider) Model LS6-c sailplanes. This AD requires that you accomplish 
the following:
--install a deflector on the cockpit instrument panel for sailplanes 
equipped with an instrument panel that is 40 centimeters (15.75 inches) 
wide;
--inspect the canopy emergency jettison system on all sailplanes; and
--adjust the system, as necessary, for all sailplanes, including 
installing a deflector for sailplanes equipped with an instrument panel 
that is not 40 centimeters (15.75 inches) wide if proper clearance is 
not met.
    This AD is the result of mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for Germany. 
The actions specified by this AD are intended to assure that the 
instrument panel does not jam against the canopy frame of the emergency 
jettison system. This could restrict the pilot's ability to safely exit 
the sailplane.

DATES: Effective February 4, 2000.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulation as of 
February 4, 2000.
    The FAA must receive any comments on this rule on or before 
February 15, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 99-CE-76-AD, 901 Locust, Room 506, Kansas 
City, Missouri 64106.
    You may get the service information referenced in this AD from 
Rolladen-Schneider Flugzeugbau GmbH, Muhlstrasse 10, D-63329 Egelsbach, 
Germany; phone: ++49 6103 204126; facsimile: ++49 6103 45526. You may 
examine this information at the FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 99-CE-76-AD, 901 Locust, 
Room 506, Kansas City, Missouri 64106; or at the Office of the Federal 
Register, 800 North Capitol Street, NW, suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr. Mike Kiesov, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4144; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

    What events have caused this AD? The Luftfahrt-Bundesamt (LBA), 
which is the airworthiness authority for Germany, recently notified the 
FAA that an unsafe condition may exist on certain Rolladen Schneider 
Model LS6-c sailplanes. The LBA advises that the potential exists for 
the instrument panel to jam against the canopy frame of the emergency 
jettison system. The potential for the unsafe condition is greater for 
sailplanes equipped with an instrument panel that is 40 centimeters 
(15.75 inches) wide. However, the potential also exists for sailplanes 
equipped with an instrument panel that is 27 centimeters (10.6 inches) 
wide.
    What are the consequences if the condition is not corrected? The 
instrument panel jamming against the canopy frame of the emergency 
jettison system could restrict the pilot's ability to safely exit the 
sailplane.
    What is the cause of the problem? The potential for the unsafe 
condition is inherent in the design of the instrument panels that are 
40 centimeters (15.75 inches) wide. Modifications made to instrument 
panels that are 27 centimeters (10.6 inches) wide could create the 
potential for the condition to exist or develop.

Relevant Service Information

    Is there service information that applies to this subject? Yes. 
Rolladen Schneider has issued Technical Bulletin No. 6036, dated June 
8, 1999.
    What are the provisions of this service bulletin? The service 
bulletin specifies and/or includes procedures for:
--installing a deflector on the cockpit instrument panel for sailplanes 
equipped with an instrument panel that is 40 centimeters (15.75 inches) 
wide;
--inspecting the canopy emergency jettison system on all sailplanes; 
and
--adjusting the system, as necessary, for all sailplanes, including 
installing a deflector for sailplanes equipped with an instrument panel 
that is 27 centimeters (10.6 inches) wide if proper clearance is not 
met.

The Foreign Airworthiness Authority's Action

    What action did the LBA take? The LBA classified this service 
bulletin as mandatory and issued German AD 1999-266, dated July 6, 
1999, in order to assure the continued airworthiness of these 
sailplanes in Germany.
    Was this in accordance with the bilateral airworthiness agreement? 
Yes. This sailplane model is manufactured in Germany and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the LBA has kept the FAA informed of 
the situation described above.

The FAA's Determination and an Explanation of the Provisions of the 
AD

    What has the FAA decided? After examining the circumstances and 
reviewing all available information related to the incidents described 
above including that received from the LBA, the FAA has determined 
that:
--an unsafe condition exists or could develop on Rolladen Schneider 
Model LS6-c sailplanes of the same type design to those referenced 
above;
--the actions of the above-referenced service bulletin should be 
accomplished on the affected sailplanes; and
--AD action should be taken to assure that the instrument panel does 
not jam against the canopy frame of the emergency jettison system. This 
could restrict the pilot's ability to safely exit the sailplane.
    What does this AD require? This AD requires you to accomplish the 
following:
--install a deflector on the cockpit instrument panel for sailplanes 
equipped with an instrument panel that is 40 centimeters (15.75 inches) 
wide;
--inspect the canopy emergency jettison system on all sailplanes; and
--adjust the system, as necessary, for all sailplanes, including 
installing a deflector for sailplanes equipped with an instrument panel 
that is not 40 centimeters (15.75 inches) wide if proper clearance is 
not met.

Compliance Time of This AD

    What is the compliance time of this AD? Within 30 calendar days 
after the effective date of this AD. Since a

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situation exists that requires the immediate adoption of this 
regulation, the FAA finds that notice and opportunity for public prior 
comment hereon are impracticable, and that good cause exists for making 
this amendment effective in less than 30 days.
    Why is the compliance time in calendar time instead of hours time-
in-service? The FAA has determined that a calendar time for compliance 
is necessary because the unsafe condition described by this AD is not 
directly related to sailplane operation. The chance of this situation 
occurring is the same for a sailplane with 10 hours time-in-service 
(TIS) as it is for a sailplane with 500 hours TIS. For this reason, the 
FAA has determined that a compliance based on calendar time should be 
utilized in this AD in order to assure that the unsafe condition is 
addressed on all sailplanes in a reasonable time period.
    Why is the compliance time of this AD different than the German AD 
and the service information? The service information specifies the 
actions required in this AD ``prior to further flight'' and the German 
AD mandates these actions ``prior to further flight'' for sailplanes 
registered for operation in Germany. The FAA does not have 
justification for requiring the action prior to further flight. 
Instead, the FAA has determined that 30 calendar days is a reasonable 
time period for accomplishing the actions in this AD.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by notice and opportunity for public comment, the FAA invites 
comments on this rule. You may submit whatever written data, views, or 
arguments you choose. You need to include the rule's docket number and 
submit your comments in triplicate to the address specified under the 
caption ADDRESSES. The FAA will consider all comments received on or 
before the closing date. We may amend this rule in light of comments 
received. Factual information that supports your ideas and suggestions 
is extremely helpful in evaluating the effectiveness of the AD action 
and determining whether we need to take additional rulemaking action.
    The FAA is re-examining the writing style we currently use in 
regulatory documents, in response to the Presidential memorandum of 
June 1, 1998. That memorandum requires federal agencies to communicate 
more clearly with the public. We are interested in your comments on 
whether the style of this document is clearer, and any other 
suggestions you might have to improve the clarity of FAA communications 
that affect you. You can get more information about the Presidential 
memorandum and the plain language initiative at http://
www.plainlanguage.gov.
    The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. You may examine all comments we 
receive before and after the closing date of the rule in the Rules 
Docket. We will file a report in the Rules Docket that summarizes each 
FAA contact with the public that concerns the substantive parts of this 
AD.
    If you want us to acknowledge the receipt of your comments, you 
must include a self-addressed, stamped postcard. On the postcard, write 
``Comments to Docket No. 99-CE-76-AD.'' We will date stamp and mail the 
postcard back to you.

Regulatory Impact

    These regulations 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. Therefore, the FAA has determined that 
this final rule does not have federalism implications under Executive 
Order 13132.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and is not a significant regulatory action under 
Executive Order 12866. We determined that this action involves an 
emergency regulation under DOT Regulatory Policies and Procedures (44 
FR 11034, February 26, 1979). If the FAA determines that this emergency 
regulation otherwise would be significant under DOT Regulatory Policies 
and Procedures, we will prepare a final regulatory evaluation and place 
it in the Rules Docket (otherwise, an evaluation is not required). You 
may obtain a copy of this evaluation, if filed, from the Rules Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

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.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding a new airworthiness directive 
(AD) to read as follows:

2000-01-06  Rolladen Schneider Flugzeugbau GmbH: Amendment 39-11503; 
Docket No. 99-CE-76-AD.

    (a) What airplanes are affected by this AD? Model LS6-c 
sailplanes, serial numbers 6149 through 6382, certificated in any 
category.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the above airplanes on the U.S. Register.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to assure that the instrument panel does not 
jam against the canopy frame of the emergency jettison system. This 
could restrict the pilot's ability to safely exit the sailplane.
    (d) What must I do to address this problem? To address this 
problem, you must accomplish all actions of either paragraph (d)(1) 
or (d)(2) of this AD, as applicable:
    (1) For Any Sailplane Equipped With an Instrument Panel That is 
40 Centimeters (15.75 Inches) Wide.
    (i) What actions must I take? Install a deflector on the cockpit 
instrument panel; and inspect the canopy emergency jettison system 
and adjust the system as necessary.
    (ii) What procedures must I use? The procedures contained in 
Rolladen Schneider Technical Bulletin No. 6036, dated June 8, 1999.
    (iii) When must I comply with these actions?
    (A) Installation and Inspection: Within the next 30 calendar 
days after the effective date of this AD; and
    (B) Adjustment, as necessary: Prior to further flight after the 
required inspection.
    (2) For Any Sailplane Equipped With an Instrument Panel That Is 
Not 40 Centimeters (15.75 Inches) Wide; i.e., 27 Centimeters (10.6 
Inches) Wide.
    (i) What actions must I take? Inspect the canopy emergency 
jettison system, adjust the system as necessary, and install a 
deflector if proper clearance is not met.
    (ii) What procedures must I use? The procedures contained in 
Rolladen Schneider Technical Bulletin No. 6036, dated June 8, 1999.
    (iii) When must I comply with these actions?
    (A) Inspection: Within the next 30 calendar days after the 
effective date of this AD; and
    (B) Adjustment and Installation, as necessary: Prior to further 
flight after the required inspection.
    (e) Can I comply with this AD in any other way? Yes.
    (1) You may use an alternative method of compliance or adjust 
the compliance time if:

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    (i) Your alternative method of compliance provides an equivalent 
level of safety; and
    (ii) The Manager, Small Airplane Directorate, approves your 
alternative. Submit your request through an FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager.
    (2) This AD applies to each sailplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For sailplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (e)(1) 
of this AD. The request should include an assessment of the effect 
of the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if you have not eliminated the unsafe 
condition, specific actions you propose to address it.
    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact the Small Airplane 
Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; 
telephone: (816) 329-4121; facsimile: (816) 329-4091.
    (g) What if I need to fly the sailplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 
21.197 and 21.199) to operate your sailplane to a location where you 
can accomplish the requirements of this AD.
    (h) Who should I contact if I have questions regarding the 
service information? Questions or technical information related to 
Rolladen Schneider Technical Bulletin No. 6036, dated June 8, 1999, 
should be directed to Rolladen-Schneider Flugzeugbau GmbH, 
Muhlstrasse 10,       D-63329 Egelsbach, Germany; phone: ++ 49 6103 
204126; facsimile: ++ 49 6103 45526. This service information may be 
examined at the FAA, Central Region, Office of the Regional Counsel, 
901 Locust, Room 506, Kansas City, Missouri 64106.
    (i) Are any service bulletins incorporated into this AD by 
reference? Yes. Actions required by this AD must be done in 
accordance with Rolladen Schneider Technical Bulletin No. 6036, 
dated June 8, 1999. The Director of the Federal Register approved 
this incorporation by reference under 5 U.S.C. 552(a) and 1 CFR part 
51. You can get copies from Rolladen-Schneider Flugzeugbau GmbH, 
Muhlstrasse 10,       D-63329 Egelsbach, Germany. You can look at 
copies at the FAA, Central Region, Office of the Regional Counsel, 
901 Locust, Room 506, Kansas City, Missouri, or at the Office of the 
Federal Register, 800 North Capitol Street, NW, suite 700, 
Washington, DC.
    (j) Has the airworthiness authority for the State of Design 
addressed this action? Yes. The subject of this AD is addressed in 
German AD 1999-266, dated July 6, 1999.
    (k) When does this amendment become effective? This amendment 
becomes effective on February 4, 2000.

    Issued in Kansas City, Missouri, on January 3, 2000.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 00-497 Filed 1-11-00; 8:45 am]
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