Airworthiness directives: Rolladen Schneider Flugzeugbau GmbH,
[Federal Register: January 12, 2000 (Volume 65, Number 8)]
[Rules and Regulations]
[Page 1769-1771]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ja00-10]
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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.
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
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The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
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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. 00-497Filed1-11-00; 8:45 am]
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