[Federal Register Volume 61, Number 183 (Thursday, September 19, 1996)]
[Rules and Regulations]
[Pages 49250-49251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23988]


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


DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 96-CE-50-AD; Amendment 39-9765; AD 96-19-07]
RIN 2120-AA64


Airworthiness Directives; Burkhart Grob Luft-und Raumfahrt Models 
G115C, G115C2, G115D, and G115D2 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: This document publishes in the Federal Register an amendment 
adopting Airworthiness Directive (AD) 96-19-07, which was sent 
previously to all known U.S. owners and operators of Burkhart Grob 
Luft-und Raumfahrt (Grob) Models G115C, G115C2, G115D, and G115D2 
airplanes. This AD requires installing a placard that restricts the 
never exceed speed (Vne) of the affected airplane models from 184 knots 
to 160 knots; installing on the airspeed indicator glass a red line at 
296 km/h (160 knots); installing a placard that prohibits aerobatic 
maneuvers; and placing a copy of this AD in the Limitations Section of 
the airplane flight manual. An in-flight breakup of a Grob Model G115D 
airplane prompted priority letter AD 96-19-07. The actions specified by 
this AD are intended to prevent loss of control of the airplane caused 
by excessive speed or aerobatic maneuvers.

DATES: Effective September 27, 1996, to all persons except those to 
whom it was made immediately effective by priority letter AD 96-19-07, 
issued September 6, 1996, which contained the requirements of this 
amendment.
    Comments for inclusion in the Rules Docket must be received on or 
before November 19, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket 96-CE-50-AD, Room 1558, 601 E. 12th 
Street, Kansas City, Missouri 64106.
    The service information and placards specified in this AD may be 
obtained from Burkhart Grob Luft-und Raumfahrt, D-8939 Mattsies, 
Germany. This information may also be examined at the Rules Docket at 
the address above.

FOR FURTHER INFORMATION CONTACT: Mr. Greg Holt, Program Officer, 
Brussels Aircraft Certification Division, FAA, Europe, Africa, and 
Middle East Office, c/o American Embassy, B-1000 Brussels, Belgium; 
telephone (32 2) 508.26.92; facsimile (32 2) 230.68.99; or Mr. Mike 
Kiesov, Aerospace Engineer, FAA, Small Airplane Directorate, 1201 
Walnut Street, suite 900, Kansas City, Missouri 64106; telephone (816) 
426-6934; facsimile (816) 426-2169.

SUPPLEMENTARY INFORMATION:

Events Leading to the AD

    The Federal Aviation Administration (FAA) is currently involved 
with investigating an in-flight breakup of a Grob Model G115D airplane. 
Preliminary investigation of the accident reveals that the empennage 
separated from the airplane. Both crew members were killed in the 
accident. Involved in the on-going investigation are:

--The FAA;
--The National Transportation Safety Board (NTSB); and
--Grob (the manufacturer of the accident airplane).

Applicable Service Information

    Grob has issued Service Bulletin (SB) 1078-59/2, dated September 2, 
1996, which specifies (1) installing a placard that restricts the never 
exceed speed (Vne) of the affected airplanes from 184 knots to 160 
knots; (2) installing on the airspeed indicator a red line at 296 km/h 
(160 knots); and (3) installing a placard that prohibits aerobatic 
maneuvers. The placards are included in this service bulletin.

The FAA's Determination

    Although the on-going investigation of the in-flight breakup of the 
Grob Model G115D airplane is not complete, the FAA has determined (1) 
that the actions specified in Grob SB 1078-59/2, dated September 2, 
1996, should be accomplished by all owners/operators of Grob Models 
G115C, G115C2, G115D, and G115D2 airplanes; and (2) airworthiness 
directive (AD) action should be taken to prevent loss of control of the 
airplane caused by excessive speed or aerobatic maneuvers. Further 
rulemaking may be required when the results of the accident 
investigation are known.
    These airplane 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. The Luftfahrt-
Bundesamt (LBA), which is the airworthiness authority for Germany, is 
preparing an AD in order to assure the continued airworthiness of these 
airplanes in Germany.

Explanation of the Provisions of This AD

    Since an unsafe condition has been identified that is likely to 
exist or develop on other Grob Models G115C, G115C2, G115D, and G115D2 
airplanes of the same type design that are registered for operation in 
the United States, the FAA issued priority letter AD 96-19-07 on 
September 5, 1996, to prevent loss of control of the airplane caused by 
excessive speed or aerobatic maneuvers. The AD requires the following:

--Installing a placard that restricts the never exceed speed (Vne) of 
the affected airplane models from 184 knots to 160 knots;
--Installing on the airspeed indicator glass a red line at 296 km/h 
(160 knots);
--Installing a placard that prohibits aerobatic maneuvers; and
--Placing a copy of this AD in the Limitations Section of the airplane 
flight manual.

    The placards are included with Grob SB 1078-59/2, dated September 
2, 1996.
    Since it was found that immediate corrective action was required, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual letters 
issued on September 5, 1996, to all known U.S. operators of Grob G115C,

[[Page 49251]]

G115C2, G115D, and G115D2 airplanes. These conditions still exist, and 
the AD is hereby published in the Federal Register as an amendment to 
section 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to 
make it effective as to all persons.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting immediate flight safety and, thus, was not 
preceded by notice and opportunity to comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications should identify the Rules Docket number and be submitted 
in triplicate to the address specified above. All communications 
received on or before the closing date for comments will be considered, 
and this rule may be amended in light of the comments received. Factual 
information that supports the commenter's ideas and suggestions is 
extremely helpful in evaluating the effectiveness of the AD action and 
determining whether additional rulemaking action would be needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 96-CE-50-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects 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, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    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. It has been determined further that this 
action involves an emergency regulation under DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979). If it is determined 
that this emergency regulation otherwise would be significant under DOT 
Regulatory Policies and Procedures, a final regulatory evaluation will 
be prepared and placed in the Rules Docket. A copy of it, if filed, may 
be obtained from 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.

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:

96-19-07  Burkhart Grob Luft-Und Raumfahrt: Amendment 39-9765; 
Docket No. 96-CE-50-AD.

    Applicability: Models G115C, G115C2, G115D, and G115D2 airplanes 
(all serial numbers), certificated in any category.

    Note 1: This AD applies to each airplane 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 airplanes 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 (f) 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 the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required prior to further flight after the effective 
date of this AD, unless already accomplished, except to those 
operators receiving this action by priority letter issued September 
6, 1996, which made these actions effective immediately upon 
receipt.
    To prevent loss of control of the airplane caused by excessive 
speed or aerobatic maneuvers, accomplish the following:
    (a) Install, on the limitation placard at the left-hand cabin 
wall, the airspeed placard that is included with Grob Service 
Bulletin (SB) 1078-59/2, dated September 2, 1996. This placard 
reduces the maximum airspeed to 296 kilometers per hour (km/h); 
equal to 160 knots per hour.
    (b) Modify the airspeed indicator glass by accomplishing the 
following:
    (1) Place a red radial line on the indicator glass at 296 km/h 
(160 knots). The minimum dimensions for this radial line are 0.05-
inch in width and 0.30-inch in length.
    (2) Place a white 0.05-inch minimum width slippage index mark 
that connects both the instrument glass and bezel. This slippage 
index mark shall not obscure any airspeed markings.
    (c) Install, near the airspeed indicator, the red placard 
included with Grob SB 1078-59/2 that has the words: ``Aerobatic 
maneuvers are prohibited.''
    (d) Insert a copy of this AD into the Limitations Section of the 
airplane flight manual.
    (e) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (f) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
approved by the Manager, Brussels Aircraft Certification Division, 
FAA, Europe, Africa, and Middle East Office, c/o American Embassy, 
B-1000 Brussels, Belgium. The request shall be forwarded through an 
appropriate FAA Maintenance Inspector, who may add comments and then 
send it to the Manager, Brussels Aircraft Certification Division.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Brussels Aircraft Certification Division.

    (g) The service information and placards specified in this AD 
may be obtained from Burkhart Grob Luft-und Raumfahrt, D-8939 
Mattsies, Germany. This information may also be examined at the FAA, 
Central Region, Office of the Assistant Chief Counsel, Room 1558, 
601 E. 12th Street, Kansas City, Missouri 64106.
    (h) This amendment (39-9765) becomes effective on September 27, 
1996, to all persons except those persons to whom it was made 
immediately effective by priority letter AD 96-19-07, issued 
September 6, 1996, which contained the requirements of this 
amendment.

    Issued in Kansas City, Missouri, on September 12, 1996.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 96-23988 Filed 9-18-96; 8:45 am]
BILLING CODE 4910-13-U