[Federal Register Volume 65, Number 218 (Thursday, November 9, 2000)]
[Proposed Rules]
[Pages 67315-67318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28832]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-CE-75-AD]
RIN 2120-AA64


Airworthiness Directives; Rolladen Schneider Flugzeugbau GmbH 
Models LS 4 and LS 4a Sailplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to certain Rolladen Schneider Flugzeugbau GmbH 
(Rolladen Schneider) Models LS 4 and LS 4a sailplanes. The proposed AD 
would require you to inspect the airbrake system for damage and proper 
rigging, with correction, repair, or replacement, as necessary. The 
proposed AD would also require you to report any damage found to the 
Federal Aviation Administration (FAA). The proposed AD is the result of 
mandatory continuing airworthiness information (MCAI) issued by the 
airworthiness authority for Germany. The actions specified by the 
proposed AD are intended to detect and correct damage to the airbrake 
locking bracket caused by asymmetric loads. This condition could result 
in the pilot's inability to operate the airbrake controls, with 
consequent loss of sailplane control.

DATES: The Federal Aviation Administration (FAA) must receive any 
comments on this proposed rule on or before December 14, 2000.

ADDRESSES: Submit comments in triplicate to FAA, Central Region, Office 
of the Regional Counsel, Attention: Rules Docket No. 99-CE-75-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. Comments may be 
inspected at this location between 8 a.m. and 4 p.m., Monday through 
Friday, holidays excepted.
    Service information that applies to the proposed AD may be obtained 
from Rolladen-Schneider Flugzeugbau GmbH, Muhlstrasse 10, D-63329 
Egelsbach, Germany; phone: ++ 49 6103 204126; facsimile: ++ 49 6103 
45526. This information also may be examined at the Rules Docket at the 
address above.

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:

Comments Invited

    How do I comment on the proposed AD? The FAA invites comments on 
this proposed 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 the proposed rule in light of 
comments received. Factual information that supports your ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
proposed AD action and determining whether we need to take additional 
rulemaking action.
    Are there any specific portions of the proposed AD I should pay 
attention to? The FAA specifically invites comments on the overall 
regulatory, economic, environmental, and energy aspects of the proposed 
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 the proposed AD.
    We are 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.
    How can I be sure FAA receives my comment? 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-75-AD.'' We will date stamp and mail the postcard back 
to you.

Discussion

    What events have caused this proposed AD? The LBA, which is the 
airworthiness authority for Germany, recently notified FAA that an 
unsafe condition may exist on certain Rolladen Schneider Models LS 4 
and LS 4a sailplanes. The LBA reports two occurrences of damaged 
airbrake

[[Page 67316]]

locking brackets found on the above-referenced sailplanes. The damage 
was the result of improper rigging of the airbrake system. The 
asymmetric load that occurs over time with an improperly rigged 
airbrake system could result in cracks in the welding region of the 
airbrake tube and lateral deformation of the airbrake locking bracket.
    What are the consequences if the condition is not corrected? Damage 
to the airbrake locking bracket, if not detected and corrected, could 
result in the pilot's inability to operate the airbrake controls with 
consequent loss of sailplane control.
    Is there service information that applies to this subject? Rolladen 
Schneider has issued Technical Bulletin No. 4042, dated July 2, 1999.
    What are the provisions of this service bulletin? The service 
bulletin specifies procedures for:

--Inspecting the airbrake locking bracket for deformation (indicated by 
cracks in paint, paint chipping off, and/or cracks in the welding 
region to the tube); and
--If any deformation exists, repairing or modifying the airbrake 
locking bracket by adding a brace that increases the structural 
strength of the bracket.

    What action did the LBA take? The LBA classified this service 
bulletin as mandatory and issued German AD 1999-270, dated July 22, 
1999, in order to assure the continued airworthiness of these 
sailplanes in Germany.
    Was this in accordance with the bilateral airworthiness agreement? 
These sailplane models are manufactured in Germany and are 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 FAA informed of the situation described above.

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

    What has FAA decided? The FAA has examined the findings of the LBA; 
reviewed all available information, including the service information 
referenced above; and determined that:

--The unsafe condition referenced in this document exists or could 
develop on other Rolladen Schneider Models LS 4 and LS 4a sailplanes of 
the same type design;
--The actions specified in the previously-referenced service 
information should be accomplished on the affected sailplanes; and
--AD action should be taken in order to correct this unsafe condition.

    What would the proposed AD require? This proposed AD would require 
you to:

--Inspect the airbrake locking bracket on the rear landing gear box for 
signs of fatigue (cracks in the paint, paint chips, or cracks in the 
welding region to the tube) and inspect for proper rigging of the 
airbrake system;
--Reassemble the airbrake system (if improper rigging is found), and if 
any sign of fatigue is evident, disassemble the airbrake system, repair 
or modify any airbrake locking bracket, and accomplish certain 
adjustments after reassembling the airbrake system; and
--Report any damage found to the FAA.

    The FAA is proposing a reporting requirement so we can get an idea 
of how many sailplanes in the fleet have damaged or incorrectly rigged 
airbrake systems. We will utilize this information in deciding whether 
any of the proposed actions should be repetitive or whether we should 
initiate additional rulemaking.

Cost Impact

    How many sailplanes would the proposed AD impact? We estimate that 
the proposed AD would affect 78 sailplanes in the U.S. registry.
    What would be the cost impact of the proposed AD on owners/
operators of the affected sailplanes? We estimate the following costs 
to accomplish the proposed inspection and any necessary reassembly:

----------------------------------------------------------------------------------------------------------------
                                                                                                     Total cost
                                                                                                       on U.S.
               Labor cost                          Parts cost            Total cost per sailplane     sailplane
                                                                                                      operators
----------------------------------------------------------------------------------------------------------------
1 workhour  x  $60 per hour = $60.......  Not applicable.............  $60 per....................       $4,680
                                                                       sailplane..................
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to accomplish any necessary 
modification that would be required based on the results of the 
proposed inspection. We have no way of determining the number of 
sailplanes that may need such modification:

----------------------------------------------------------------------------------------------------------------
               Labor cost                            Parts cost                   Total cost per sailplane
----------------------------------------------------------------------------------------------------------------
 2 workhours  x  $60 per hour = $120....  The manufacturer will modify     $120 per sailplane.
                                           the airbrake bracket free of
                                           charge.
----------------------------------------------------------------------------------------------------------------

Compliance Time of the Proposed AD

    What would be the compliance time of the proposed AD? The 
compliance time of this proposed AD is within the next 30 calendar days 
after the effective date of this AD.
    Why is the compliance time presented in calendar time instead of 
hours time-in-service (TIS)? Damage to the airbrake locking brake 
occurs as a result of airplane operation. However, the reason the 
damage occurs is because of incorrect rigging of the airbrake system. 
We have determined that a calendar time for compliance is necessary 
because this incorrect rigging 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 the proposed AD different than the 
German AD and the service information? The service information 
specifies the actions required in this proposed AD ``prior to further 
flight'' and the German AD mandates these actions ``prior to further 
flight'' for sailplanes registered for

[[Page 67317]]

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 proposed AD.

Regulatory Impact

    Would this proposed AD impact various entities? The regulations 
proposed herein would 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, it is determined that this 
proposed rule would not have federalism implications under Executive 
Order 13132.
    Would this proposed AD involve a significant rule or regulatory 
action? For the reasons discussed above, I certify that this proposed 
action (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) if 
promulgated, 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.
    A copy of the draft regulatory evaluation prepared for this action 
has been placed in the Rules Docket. A copy of it may be obtained by 
contacting the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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. FAA amends Sec. 39.13 by adding a new airworthiness directive 
(AD) to read as follows:

Rolladen Schneider Flugzeugbau GMBH: Docket No. 99-CE-75-AD.

    (a) What sailplanes are affected by this AD? This AD affects 
models LS 4 and LS 4a sailplanes, serial numbers 4000 through 4852, 
certificated in any category.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the above sailplanes must comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to detect and correct damage to the airbrake 
locking bracket caused by asymmetric loads. This condition could 
result in the pilot's inability to operate the airbrake controls 
with consequent loss of sailplane control.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

------------------------------------------------------------------------
           Action                Compliance time         Procedures
------------------------------------------------------------------------
(1) Inspect the airbrake      Within the next 30    Inspect for proper
 locking bracket on the rear   calendar days after   rigging in
 landing gear box for signs    the effective date    accordance with the
 of fatigue (cracks in the     of this AD..          procedures
 paint, paint chips, or                              contained in the
 cracks in the welding                               applicable
 region to the tube) and                             maintenance manual.
 inspect for proper rigging                          Inspect the
 of the airbrake system.                             airbrake locking
                                                     bracket in
                                                     accordance with the
                                                     procedures
                                                     contained in
                                                     Rolladen Schneider
                                                     Technical Bulletin
                                                     No. 4042, dated
                                                     July 2, 1999.
(2) If any sign of fatigue    Accomplish all        Accomplish the
 is evident, accomplish the    actions prior to      disassembly,
 following:.                   further flight        installation,
(i) Disassemble the airbrake   after the             assembly, and
 system;.                      inspection required   adjustments in
(ii) Obtain a modified         in paragraph (d)(1)   accordance with
 airbrake locking bracket      of this AD.           procedures
 from the manufacturer (2-                           contained in the
 day turnaround time) and                            applicable
 install this bracket; and.                          maintenance manual
(iii) Reassemble the                                 and the procedures
 airbrake system and                                 in Rolladen
 accomplish the adjustments                          Schneider Technical
 listed in the service                               Bulletin No. 4042,
 bulletin.                                           dated July 2, 1999.
(3) If no signs of fatigue    Accomplish all        Accomplish in
 are found but the airbrake    actions prior to      accordance with
 system is incorrectly         further flight        procedures
 assembled, disassemble the    after the             contained in the
 system and reassemble,        inspection required   applicable
 including accomplishing the   in paragraph (d)(1)   maintenance manual
 adjustments listed in the     of this AD.           and the procedures
 service bulletin.                                   in Rolladen
                                                     Schneider Technical
                                                     Bulletin No. 4042,
                                                     dated July 2, 1999.
(4) If no signs of fatigue    AD complied with....  AD complied with.
 are found and the airbrake
 system is correctly
 assembled, then no further
 action is required by this
 AD.
(5) If any discrepancy is     Within 10 days after  Mail the information
 found that requires           the inspection        to: FAA, Small
 additional work as required   required by this AD   Airplane
 by paragraphs (d)(2) and      or within 10 days     Directorate (ACE-
 (d)(3) of this AD, then       after the effective   112), Attention:
 send information describing   date of this AD,      Docket No. 99-CE-75-
 the discrepancies found and   whichever occurs      AD, 901 Locust,
 the follow-on work that was   later.                Room 301, Kansas
 necessary to the FAA.                               City, Missouri
                                                     64106.
------------------------------------------------------------------------

    (e) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) 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, Small Airplane Directorate.

    Note 1: This AD applies to each sailplane identified in 
paragraph (a) of this AD, 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) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition

[[Page 67318]]

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 Mike Kiesov, Aerospace 
Engineer, 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 
sections 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) How do I get copies of the documents referenced in this AD? 
You may obtain copies of the documents referenced in this AD from 
Rolladen-Schneider Flugzeugbau GmbH, Muhlstrasse 10, D-63329 
Egelsbach, Germany. You may examine these documents at FAA, Central 
Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas 
City, Missouri 64106.

    Note 2: The subject of this AD is addressed in German AD 1999-
270, dated July 22, 1999.


    Issued in Kansas City, Missouri, on November 2, 2000.
Michael K. Dahl,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-28832 Filed 11-8-00; 8:45 am]
BILLING CODE 4910-13-P