27854 Federal Register / Vol. 66, No. 98 / Monday, May 21, 2001 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–CE–33–AD; Amendment

39–12234; AD 2001–10–08]

RIN 2120–AA64

Airworthiness Directives; Rolladen

Schneider Flugzeugbau GmbH Models

LS 3, LS 4, and LS 6c Sailplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to all Rolladen Schneider

Flugzeugbau GmbH (Rolladen

Schneider) Models LS 3, LS 4, and LS

6c sailplanes. This AD requires you to

inspect the airbrake levers in the wing

for lower end corrosion and for play in

flight direction when fully extended and

retracting under load; replace the

bearings if there is jamming under load

or if corrosion is found; and adjust the

lower lever member (only for the Model

LS 3). 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 corrosion

damage to the airbrake levers and

bearings caused by collection of water

in the airbrake boxes, not detected

during postflight checks. This condition

could result in the airbrakes locking in

the extended position and a consequent

off-field or short landing.

DATES: This AD becomes effective on

July 13, 2001.

The Director of the Federal Register

approved the incorporation by reference

of certain publications listed in the

regulations as of July 13, 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. 2000–CE–33–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:

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, notified FAA that an unsafe

condition may exist on all Rolladen

Schneider Models LS 3, LS 4, and LS 6c

sailplanes. The LBA reports one

occurrence of corroded bearings on the

lower ends of airbrake levers found on

the above-referenced sailplanes. The

damage was possibly the result of

improper postflight checks. It has been

reported that in some cases, the

corrosion, occurring over a long time,

could cause bearing failure and

consequent locking of airbrakes in the

extended position.

What are the consequences if the

condition is not corrected? If the

airbrakes lock in the extended position,

inadvertent off-field or short landing

conditions might occur.

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 all Rolladen

Schneider Models LS 3, LS 4, and LS 6c

sailplanes. This proposal was published

in the Federal Register as a notice of

proposed rulemaking (NPRM) on

February 14, 2001 (66 FR 10230). The

NPRM proposed to require you to

inspect the airbrake levers in the wing

for lower end corrosion and for play in

flight direction when fully extended;

inspect for retraction under load;

replace the bearings if there is jamming

under load or if corrosion is found; and

adjust the lower lever member (only for

the Model LS 3).

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

175 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 do the inspection:

Labor cost Parts cost Total cost per

sailplane

Total cost on

U.S. operators

2 workhours × $60 per hour = $120 .................................................................. Not applicable ......................... $120 $21,000

We estimate the following costs to do any necessary bearing replacement that will be required because of the

results of the inspection. We have no way of determining the number of sailplanes that will need bearings replaced:

Labor cost Parts cost Total cost per

sailplane

30 workhours × $60 per hour = $1,800 ......................................................................................... $35 for bearings + $550 for levers = $585.$2,385

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)? Because of the typical

use of sailplanes, calendar days

compliance time is deemed more

suitable than hours time-in-service. For

Federal Register / Vol. 66, No. 98 / Monday, May 21, 2001 / Rules and Regulations 27855

example, one sailplane operator may

use the sailplane 50 hours in a month

while another may only accumulate 50

hours in a year.

Why is the compliance time of this AD

different from the German AD and the

service information? The service

information specifies the actions

required in this AD

‘‘before next flight’’ and the German

AD mandates these actions ‘‘before next

take-off, when play at levers is existent’’

for sailplanes registered for operation in

Germany. The FAA does not have

justification for requiring the action

before further flight. Compliance times

such as these are used for urgent safety

of flight conditions. Instead, FAA has

determined that 30 calendar days is a

reasonable time period for doing the

inspection 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:

2001–10–08 Rolladen Schneider

Flugzeugbau GmbH: Amendment 39–

12234; Docket No. 2000–CE–33–AD.

(a) What sailplanes are affected by this

AD? This AD affects Models LS 3, LS 4, and

LS 6c sailplanes, all serial numbers,

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 corrosion damage to the

airbrake levers and bearings caused by

collection of water in the airbrake boxes, not

detected during postflight checks. This

condition could result in the airbrakes

locking in the extended position and a

consequent off-field or short landing.

(d) What actions must I accomplish to

address this problem? To address this

problem, you must do the following:

Actions Compliance Procedures

(1) Inspect airbrake levers in the wing for lower

end corrosion and for play in flight direction

when fully extended, and retracting under

load.

Within the next 30 calendar days after July

13, 2001 (the effective date of this AD), and

thereafter at every three calendar years.

Do these actions following the applicable

Rolladen Schneider Technical Bulletin:

Model LS 3: No. 3051, dated September 14,

1999;

Model LS 4: No. 4043, dated September 14,

1999; or

Model LS 6c: No. 6037, dated September 14,

1999.

(2) Replace the bearings if there is jamming

under load.

Prior to further flight after the inspection required in paragraph (d)(1) of this AD.Do this action following the applicable

Rolladen Schneider Technical Bulletin:

Model LS 3: No. 3051, dated September 14,

1999;

Model LS 4: No. 4043, dated September 14,

1999; or

Model LS 6c: No. 6037, dated September 14,

1999.

(3) If corrosion of the bearings is found, but no

jamming, replace the bearings.

Within 6 calendar months after the inspection

required in paragraph (d)(1) of this AD.

Do this action following the applicable

Rolladen Schneider Technical Bulletin:

Model LS 3: No. 3051, dated September 14,

1999;

Model LS 4: No. 4043, dated September 14,

1999; or

Model LS 6c: No. 6037, dated September 14,

1999.

(4) For only the Model LS 3, adjust the lower

lever member.

Within the next 30 calendar days after July

13, 2001 (the effective date of this AD).

Do this action following the procedures contained in Rolladen Schneider Technical Bulletin No. 3051, dated September 14, 1999.

(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

27856 Federal Register / Vol. 66, No. 98 / Monday, May 21, 2001 / Rules and Regulations

1 44 FR 66466. Since its promulgation, the Rule

has been amended five times to include new

product categories—central air conditioners (52 FR

46888, Dec. 10, 1987), fluorescent lamp ballasts (54

FR 1182, Jan. 12, 1989), certain plumbing products

(58 FR 54955, Oct. 25, 1993), certain lamp products

(59 FR 25176, May 13, 1994), and pool heaters and

certain residential water heater types (59 FR 49556,

Sept. 28, 1994). Obligations under the Rule

concerning fluorescent lamp ballasts, lighting

products, plumbing products and pool heaters are

not affected by the cost figures in this notice.

2Sections 305.11(a)(5)(i)(H)(2) and (3) of the Rule

(16 CFR 305.11(a)(5)(i)(H)(2) and (3)) require that

labels for refrigerators, refrigerator-freezers, clothes

washers, dishwashers, water heaters, and room air

conditioners contain a secondary energy usage

disclosure in terms of an estimated annual

operating cost (labels for clothes washers and

dishwashers will show two such secondary

disclosures—one based on operation with water

heated by natural gas, and one on operation with

water heated by electricity). The labels also must

disclose, below this secondary estimated annual

operating cost, the fact that the estimated annual

operating cost is based on the appropriate DOE

energy cost figure, and must identify the year in

which the cost figure was published.

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, FAA, 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) 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.

3051, Technical Bulletin No. 4043, or

Technical Bulletin No. 6037, all dated

September 14, 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 July 13, 2001.

Note 2: The subject of this AD is addressed

in German AD Numbers 2000–076, 2000–

082, and 2000–085, all dated March 9, 2000.

Issued in Kansas City, Missouri, on May

14, 2001.

Melvin D. Taylor,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 01–12523 Filed 5–18–01; 8:45 am]

BILLING CODE 4910–13–U

FEDERAL TRADE COMMISSION

16 CFR Part 305

Rule Concerning Disclosures

Regarding Energy Consumption and

Water Use of Certain Home Appliances

and Other Products Required Under

the Energy Policy and Conservation

Act (‘‘Appliance Labeling Rule’’)

AGENCY: Federal Trade Commission.

ACTION: Final rule.

SUMMARY: The Federal Trade

Commission (‘‘Commission’’) revises

Table 1 in § 305.9 of the Commission’s

Appliance Labeling Rule (‘‘Rule’’) to

incorporate the latest figures for average

unit energy costs as published by the

Department of Energy (‘‘DOE’’) in the

Federal Register on March 8, 2001.

Table 1 sets forth the representative

average unit energy costs for five

residential energy sources, which the

Commission revises periodically on the

basis of undated information provided

by DOE. The Commission is also making

two minor technical corrections to the

Rule.

DATES: The amendments published in

this document are effective May 21,

2001. The mandatory dates for using

these revised DOE cost figures in

connection with the Appliance Labeling

Rule are detailed in the SUPPLEMENTARY

INFORMATION section below.

FOR FURTHER INFORMATION CONTACT:

Hampton Newsome, Attorney, 202–326–

2889, Division of Enforcement, Bureau

of Consumer Protection, Federal Trade

Commission, Washington, DC 20580; Email:hnewsome@ftc.gov.

SUPPLEMENTARY INFORMATION: On

November 19, 1979, the Commission

issued a final rule in response to a

directive in section 324 of the Energy

Policy and Conservation Act (‘‘EPCA’’),

42 U.S.C. 6201.1 The Rule requires the

disclosure of energy efficiency,

consumption, or cost information on

labels and in retail sales catalogs for

eight categories of appliances, and

mandates that the energy costs,

consumption, or efficiency ratings be

based on standardized test procedures

developed by DOE. The cost

information obtained by following the

test procedures is derived by using the

representative average unit energy costs

provided by DOE. Table 1 in section

305.9(a) of the Rule sets forth the

representative average unit energy costs

to be used for all cost-related

requirements of the Rule. As stated in

section 305.9(b), the Table is to be

revised periodically on the basis of

updated information provided by DOE.

I. Representative Average Unit Energy

Costs

On March 8, 2001, DOE published the

most recent figures for representative

average unit energy costs (66 FR 13917).

These energy cost figures are for

manufacturers to use, in accordance

with the guidelines that appear below,

to calculate the required secondary

annual operating cost figures at the

bottom of required EnergyGuides for

refrigerators, refrigerator-freezers,

freezers, dishwashers, clothes washers,

water heaters, and room air

conditioners. The energy cost figures

also are for manufacturers of central air

conditions and heat pumps to use, also

in accordance with the below

guidelines, to calculate annual operating

cost for required fact sheets and in

approved industry directories listing

these products.

The DOE cost figures are not

necessary for making data submissions

to the Commission. The required energy

use information that manufacturers of

refrigerators, refrigerator-freezers,

freezers, clothes washers, dishwashers,

and water heaters must submit under

section 305.8 of the Rule is no longer

operating cost; it is now energy

consumption (kilo Watt-hour use per

year for electricity, therms per year for

natural gas, or gallons per year for

propane and oil).

Accordingly, Table 1 is revised to

reflect these latest cost figures, as set

forth below. The current and future

obligations of manufacturers with

respect to the use of DOE’s cost figures

are as follows:

A. For Labeling of Refrigerators,

Refrigerator-Freezers, Freezers, Clothes

Washers, Dishwashers, Water Heaters,

and Room Air Conditioners 2

Manufacturers of refrigerators,

refrigerator-freezers, freezers, clothes

washers, dishwashers, water heaters,

and room air conditioners must use the

National Average Representative Unit

Costs published today on labels for their

products only after the Commission

publishes new ranges of comparability

for those products that are based on

today’s cost figures. In the meantime,

they must continue to use past DOE cost

figures as follows:

1. Refrigerators, Refrigerator-Freezers,

and Freezers

Manufacturers of refrigerators,

refrigerator-freezers, and freezers

covered by Appendices A1, A2, A3, A4,