[Federal Register Volume 63, Number 68 (Thursday, April 9, 1998)]
[Rules and Regulations]
[Pages 17320-17321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9155]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-127-AD; Amendment 39-10452; AD 98-08-03]
RIN 2120-AA64


Airworthiness Directives; Stemme GmbH & Co. KG Models S10 and 
S10-V Sailplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain Stemme GmbH & Co. KG (Stemme) Models S10 and S10-V 
sailplanes. This AD requires replacing the horizontal stabilizer rear 
fittings with parts of improved design. 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 prevent structural failure of the horizontal stabilizer 
caused by cracked rear fittings, which could result in loss of 
sailplane controllability.

DATES: Effective May 26, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 26, 1998.

ADDRESSES: Service information that applies to this AD may be obtained 
from Stemme GmbH & Co. KG, Gustav-Meyer-Allee 25, D-13355 Berlin, 
Germany; telephone: 49.33.41.31.11.70; facsimile: 49.33.41.31.11.73. 
This information may also be examined at the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 97-CE-127-AD, Room 1558, 601 E. 12th 
Street, 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, Small 
Airplane Directorate, Aircraft Certification Service, FAA, 1201 Walnut, 
suite 900, Kansas City, Missouri 64106; telephone: (816) 426-6934; 
facsimile: (816) 426-2169.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This AD

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to include an AD that would apply to certain Stemme Models 
S10 and S10-V sailplanes was published in the Federal Register as a 
notice of proposed rulemaking (NPRM) on January 21, 1998 (63 FR 3054). 
The NPRM proposed to require replacing the horizontal stabilizer rear 
fittings with parts of improved design. Accomplishment of the proposed 
action as specified in the NPRM would be in accordance with Stemme 
Service Bulletin No. A31-10-022, dated August 16, 1996.
    The NPRM was the result of mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for Germany.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were received on the

[[Page 17321]]

proposed rule or the FAA's determination of the cost to the public.

The FAA's Determination

    After careful review of all available information related to the 
subject presented above, the FAA has determined that air safety and the 
public interest require the adoption of the rule as proposed except for 
minor editorial corrections. The FAA has 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

    The FAA estimates that 9 sailplanes in the U.S. registry will be 
affected by this AD, that it will take approximately 3 workhours per 
sailplane to accomplish this replacement, and that the average labor 
rate is approximately $60 an hour. Parts cost approximately $200 per 
sailplane. Based on these figures, the total cost impact of this AD on 
U.S. operators is estimated to be $3,420, or $380 per sailplane.

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.
    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, 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:

98-08-03  STEMME GmbH & CO. KG: Amendment 39-10452; Docket No. 97-
CE-127-AD.

    Applicability: The following sailplane models and serial 
numbers, certificated in any category:

------------------------------------------------------------------------
               Models                            Serial Nos.            
------------------------------------------------------------------------
S10................................  10-03 through 10-63.               
S10V...............................  14-002 through 14-026 and          
                                      transformed S10V sailplanes with  
                                      serial numbers of 14-012M through 
                                      14-063M.                          
------------------------------------------------------------------------

    Note 1: 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 (c) 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 within the next 25 hours time-in-service 
(TIS) after the effective date of this AD, unless already 
accomplished.
    To prevent structural failure of the horizontal stabilizer 
caused by cracked rear fittings, which could result in loss of 
sailplane controllability, accomplish the following:
    (a) Replace the horizontal stabilizer rear fittings with 
improved design fittings in accordance with the instructions in 
Stemme Service Bulletin No. A31-10-022, dated August 16, 1996.
    (b) 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 sailplane to a location where 
the requirements of this AD can be accomplished.
    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
approved by the Manager, Small Airplane Directorate, FAA, 1201 
Walnut, suite 900, Kansas City, Missouri 64106. The request shall be 
forwarded through an appropriate FAA Maintenance Inspector, who may 
add comments and then send it to the Manager, Small Airplane 
Directorate.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Small Airplane Directorate.

    (d) Questions or technical information related to Stemme Service 
Bulletin No. A31-10-022 dated August 16, 1996, should be directed to 
Stemme GmbH & Co. KG, Gustav-Meyer-Allee 25, D-13355 Berlin, 
Germany; telephone: 49.33.41.31.11.70; facsimile: 49.33.41.31.11.73. 
This service information may be examined at the FAA, Central Region, 
Office of the Regional Counsel, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri.
    (e) The replacement required by this AD shall be done in 
accordance with Stemme Service Bulletin No. A31-10-022, dated August 
16, 1996. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51. Copies may be obtained from to Stemme GmbH & Co. 
KG, Gustav-Meyer-Allee 25, D-13355 Berlin, Germany. Copies may be 
inspected at the FAA, Central Region, Office of the Regional 
Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri, or at 
the Office of the Federal Register, 800 North Capitol Street, NW, 
suite 700, Washington, DC.
    (f) This amendment becomes effective on May 26, 1998.

    Issued in Kansas City, Missouri, on March 31, 1998.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 98-9155 Filed 4-8-98; 8:45 am]
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