6446 Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Rules and Regulations

the Immigration Court or the Board,

whichever last held jurisdiction over the

case.

(2) If the Immigration Court has

jurisdiction, and grants only the motion

to reopen to apply for section 212(c)

relief pursuant to this section, it shall

adjudicate only the section 212(c)

application.

(3) If the Board has jurisdiction and

grants only the motion to reopen to

apply for section 212(c) relief pursuant

to this section, it shall remand the case

to the Immigration Court solely for

adjudication of the section 212(c)

application (Form I–191), unless the

Board chooses to exercise its

discretionary authority to adjudicate the

matter on the merits without a remand.

(h) Applicability of other exceptions

to motions to reopen. Nothing in this

section shall be interpreted to preclude

or restrict the applicability of any other

exception to the motion to reopen

provisions of this part as defined in 8

CFR 3.2(c)(3) and 3.23(b).

(i) Limitations on eligibility for

reopening under this section. This

section does not apply to:

(1) Aliens who have departed the

United States;

(2) Aliens with a final order of

deportation who have illegally returned

to the United States; or

(3) Aliens who have not been

admitted or paroled.

PART 212—DOCUMENTARY

REQUIREMENTS: NONIMMIGRANTS;

WAIVERS; ADMISSION OF CERTAIN

INADMISSIBLE ALIENS; PAROLE

5. The authority citation for part 212

continues to read as follows:

Authority: 8 U.S.C. 1101, 1102, 1103, 1182,

1184, 1187, 1225, 1226, 1227, 1228, 1252; 8

CFR part 2.

6. Paragraph (g) is added to section

212.3 to read as follows:

§ 212.3 Application for the exercise of

discretion under § 212(c).

* * * * *

(g) Relief for certain aliens who were

in deportation proceedings before April

24, 1996. Section 440(d) of

Antiterrorism and Effective Death

Penalty Act of 1996 (AEDPA) shall not

apply to any applicant for relief under

this section whose deportation

proceedings were commenced before

the Immigration Court before April 24,

1996.

PART 240—PROCEEDINGS TO

DETERMINE REMOVABILITY OF

ALIENS IN THE UNITED STATES

7. The authority citation for 8 CFR

part 240 continues to read as follows:

Authority: 8 U.S.C. 1103, 1182, 1186a,

1224, 1225, 1226, 1227, 1251, 1252 note,

1252a, 1252b, 1362; secs. 202 and 203, Pub.

L. 105–100 (111 Stat. 2160, 2193); sec. 902,

Pub. L. 105–277 (112 Stat. 2681); 8 CFR part

2.

§ 240.15 [Amended]

8. In § 240.15, the reference to

‘‘§ 3.1(d)(1–a)’’ is revised to read

‘‘§ 3.1(d)(2).’’

§ 240.21 [Amended]

9. In § 240.21(c), the reference to

‘‘§§ 3.1(d)(2) and 3.39’’ is revised to read

‘‘§§ 3.1(d)(3) and 3.39.’’

§ 240.53 [Amended]

10. In § 240.53(a), the reference to

§ 3.1(d)(1–a)’’ is revised to read

‘‘§ 3.1(d)(2).’’

Dated: January 17, 2001.

Janet Reno,

Attorney General.

[FR Doc. 01–1785 Filed 1–19–01; 8:45 am]

BILLING CODE 4410–30–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–CE–75–AD; Amendment 39–

12081; AD 2001–01–11]

RIN 2120–AA64

Airworthiness Directives; Rolladen

Schneider Flugzeugbau GmbH Models

LS 4 and LS 4a Sailplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to certain Rolladen Schneider

Flugzeugbau GmbH (Rolladen

Schneider) Models LS 4 and LS 4a

sailplanes. This AD requires you to

inspect the airbrake system for damage

and proper rigging, with correction,

repair, or replacement, as necessary.

This AD also requires you to report any

damage found to the Federal Aviation

Administration (FAA). 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 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: This AD becomes effective on

March 9, 2001.

The Director of the Federal Register

approved the incorporation by reference

of certain publications listed in the

regulations as of March 9, 2001.

ADDRESSES: 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 Federal Aviation Administration

(FAA), Central Region, Office of the

Regional Counsel, Attention: Rules

Docket No. 99–CE–75–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:

Brian Hancock, Aerospace Engineer,

FAA, Small Airplane Directorate, 901

Locust, Room 301, Kansas City,

Missouri 64106; telephone: (816) 329–

4143; 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 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

locking brackets found on the abovereferenced 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.

Has FAA taken any action to this

point? We issued a proposal to amend

part 39 of the Federal Aviation

Regulations (14 CFR part 39) to include

an AD that would apply to certain

Rolladen Schneider Models LS 4 and LS

4a sailplanes. This proposal was

published in the Federal Register as a

notice of proposed rulemaking (NPRM)

on November 9, 2000 (65 FR 67315).

The NPRM proposed to require you to

inspect the airbrake locking bracket on

the rear landing gear box for signs of

Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Rules and Regulations 6447

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). If any sign of fatigue is evident,

disassemble the airbrake system, obtain

a modified airbrake locking bracket from

the manufacturer, install this bracket,

and accomplish certain adjustments

after reassembling the airbrake system;

and report any damage found to the

FAA.

The FAA is requiring 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 required actions should be repetitive

or whether we should initiate additional

rulemaking.

Was the public invited to comment?

Interested persons were afforded an

opportunity to participate in the making

of this amendment. No comments were

received on the proposed rule or the

FAA’s determination of the cost to the

public.

FAA’s Determination

What is FAA’s final determination on

this issue? After careful review of all

available information related to the

subject presented above, we have

determined that air safety and the

public interest require the adoption of

the rule as proposed except for minor

editorial corrections. We determined

that these minor corrections:

—Will not change the meaning of the

AD; and

—Will not add any additional burden

upon the public than was already

proposed.

Cost Impact

How many sailplanes does this AD

impact? We estimate that this AD affects

78 sailplanes in the U.S. registry.

What is the cost impact of this AD on

owners/operators of the affected

sailplanes? We estimate the following

costs to accomplish the inspection and

any necessary reassembly:

Labor cost Parts cost Total cost per sailplane Total cost on U.S.

operators

1 workhour × $60 per hour = $60 ......................... Not applicable ............................. $60 per sailplane ........................ $60 × 78 = $4,680.

We estimate the following costs to accomplish any necessary modification that will be required based on the results

of the 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 × $60 per hour = $120 ..................................... The manufacturer will modify the airbrake bracket free of

charge.

$120 per sailplane.

Compliance Time of this AD

What is the compliance time of this

AD? The compliance time of this 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 timein-service (TIS)? Damage to the airbrake

locking brake occurs as a result of

sailplane 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 will

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.

Regulatory Impact

Does this AD impact various entities?

The regulations adopted herein 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, it is

determined that this final rule does not

have federalism implications under

Executive Order 13132.

Does this AD involve a significant

rule or regulatory action? For the

reasons discussed above, I certify that

this 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) 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

final evaluation prepared for this action

is contained 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, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, under 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.

§ 39.13 [Amended]

2. FAA amends § 39.13 by adding a

new AD to read as follows:

2001–01–11 Rolladen Schneider

Flugzeugbau GMBH:

Amendment 39–12081; 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, that are 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.

6448 Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Rules and Regulations

(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:

Actions Compliance Procedures

(1) 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.

Within the next 30 calendar days after

March 9, 2001 (the effective date of

this AD).

Inspect for proper rigging in accordance with the procedures

contained in the applicable maintenance manual. Inspect

the 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 is evident, accomplish the following:Accomplish all actions prior to further

flight after the inspection required in

paragraph (d)(1) of this AD.

Accomplish the disassembly, installation, assembly, and adjustments in accordance with procedures contained in the

applicable maintenance manual and the procedures in

Rolladen Schneider Technical Bulletin No. 4042, dated July

2, 1999.

(i) Disassemble the airbrake system;

(ii) Obtain a modified airbrake locking bracket from the manufacturer (2-day turnaround time)

and install this bracket; and

(iii) Reassemble the airbrake system and accomplish the adjustments listed in the service bulletin.

(3) If no signs of fatigue are found but

the airbrake system is incorrectly assembled, disassemble the system

and reassemble, including accomplishing the adjustments listed in the

service bulletin.

Accomplish all actions prior to further

flight after the inspection required in

paragraph (d)(1) of this AD.

Accomplish in accordance with procedures contained in the

applicable maintenance manual and the procedures in

Rolladen Schneider Technical Bulletin No. 4042, dated July

2, 1999.

(4) If no signs of fatigue are found and

the airbrake system is correctly assembled, then no further action is required by this AD.

AD complied with ................................. AD complied with.

(5) If any discrepancy is found that requires additional work as required by

paragraphs (d)(2) and (d)(3) of this

AD, then send information describing

the discrepancies found and the follow-on work that was necessary to

the FAA.

Within 10 days after the inspection required by this AD or within 10 days

after March 9, 2001 (the effective

date of this AD), whichever occurs

later.

Mail the information to: FAA, Small Airplane Directorate

(ACE–112), Attention: Docket No. 99–CE–75–AD, 901 Locust, Room 301, Kansas 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

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 Brian Hancock,

Aerospace Engineer, Small Airplane

Directorate, 901 Locust, Room 301, Kansas

City, Missouri 64106; telephone: (816) 329–

4143; facsimile: (816) 329–4090.

(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) Are any service bulletins incorporated

into this AD by reference? Actions required

by this AD must be done in accordance with

Rolladen Schneider Technical Bulletin No.

4042, dated July 2, 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 RolladenSchneider 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.

(i) When does this amendment become

effective? This amendment becomes effective

on March 9, 2001.

Note 2: The subject of this AD is addressed

in German AD 1999–270, dated July 22, 1999.

Issued in Kansas City, Missouri, on January

8, 2001.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 01–1230 Filed 1–19–01; 8:45 am]

BILLING CODE 4910–13–P