[Federal Register Volume 63, Number 175 (Thursday, September 10, 1998)]
[Rules and Regulations]
[Pages 48417-48418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23967]



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 Rules and Regulations
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  Federal Register / Vol. 63, No. 175 / Thursday, September 10, 1998 / 
Rules and Regulations  

[[Page 48417]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 93-CE-24-AD; Amendment 39-10744; AD 98-19-01]
RIN 2120-AA64


Airworthiness Directives; Stemme GmbH & Co. KG Model S10 
Sailplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain Stemme GmbH & Co. KG (Stemme) Model S10 sailplanes. 
This AD requires replacing the O-ring that is installed in the mounting 
part of the pitot tube (in the propeller dome) with one 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 failure of the 
pitot tube O-ring caused by an ineffective design, which could result 
in the pitot tube falling out and the sailplane pilot losing airspeed 
indications.

DATES: Effective September 25, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 25, 1998.
    Comments for inclusion in the Rules Docket must be received on or 
before October 21, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket 93-CE-24-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106.
    Service information that applies to this AD may be obtained from 
Stemme GmbH & Co. KG, Gustav-Meyer-Allee 25, D-W-1000 Berlin 65, 
Federal Republic of Germany. This information may also be examined at 
the Federal Aviation Administration (FAA), Central Region, Office of 
the Regional Counsel, Attention: Rules Docket No. 93-CE-24-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: Mr. 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:

Discussion

    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for Germany, notified the FAA that an unsafe condition may exist on 
certain Stemme Model S10 sailplanes. The LBA advises that the original 
design O-ring that is installed in the mounting part of the pitot tube 
(in the propeller dome) could fail. The softness of these O-rings makes 
this part subject to failure due to propeller vibration.
    Failure of this O-ring could result in the pitot tube falling out 
and the sailplane pilot losing airspeed indications.

Relevant Service Information

    Stemme has issued Technical Bulletin No. A31-10-003, dated February 
7, 1992, which specifies procedures for replacing the O-ring that is 
installed in the mounting part of the pitot tube (in the propeller 
dome) with one of improved design.
    The LBA classified this technical bulletin as mandatory and issued 
German AD 92-197 Stemme, dated April 9, 1992, in order to assure the 
continued airworthiness of these sailplanes in Germany.

The FAA's Determination

    This sailplane model is manufactured in Germany and is 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 the FAA informed of 
the situation described above.
    The FAA has examined the findings of the LBA; reviewed all 
available information, including the service information referenced 
above; and determined that AD action is necessary for products of this 
type design that are certificated for operation in the United States.

Cost Impact

    None of the Stemme Model S10 sailplanes affected by this action are 
on the U.S. Register. All sailplanes included in the applicability of 
this rule currently are operated by non-U.S. operators under foreign 
registry; therefore, they are not directly affected by this AD action. 
However, the FAA considers this rule necessary to ensure that the 
unsafe condition is addressed in the event that any of these subject 
sailplanes are imported and placed on the U.S. Register.
    Should an affected sailplane be imported and placed on the U.S. 
Register, accomplishment of the required modification would take 
approximately 1 workhour at an average labor charge of $60 per 
workhour. Parts cost approximately $1 per sailplane. Based on these 
figures, the total cost impact of this AD would be $61 per sailplane 
that would become registered in the United States.

The Effective Date of This AD

    Since this AD action does not affect any airplane that is currently 
on the U.S. register, it has no adverse economic impact and imposes no 
additional burden on any person. Therefore, notice and public 
procedures hereon are unnecessary and the amendment may be made 
effective in less than 30 days after publication in the Federal 
Register.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by notice and opportunity for public 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 shall identify the Rules Docket number and be 
submitted in triplicate to the address specified under the caption 
ADDRESSES. All communications

[[Page 48418]]

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. 93-CE-24-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.
    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) 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, 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:

98-19-01  Stemme Gmbh & Co. KG: Amendment 39-10744; Docket No. 93-
CE-24-AD.

    Applicability: Model S10 sailplanes, serial numbers 10-01 
through 10-35, certificated in any category.

    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 (d) 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.
    To prevent failure of the pitot tube O-ring caused by an 
ineffective design, which could result in the pitot tube falling out 
and the sailplane pilot losing airspeed indications, accomplish the 
following:
    (a) Replace the O-ring that is installed in the mounting part of 
the pitot tube (in the propeller dome) with one of improved design, 
part number 10 RV-PD28. Accomplish this replacement in accordance 
with Stemme Technical Bulletin No. A31-10-003, dated February 7, 
1992.

    Note 2: Stemme Technical Bulletin No. A31-10-003, dated February 
7, 1992, specifies repetitively greasing the replacement O-ring with 
silicone at 3-month intervals. This is not a requirement of this AD 
since it is considered regular maintenance for the sailplane 
operator.

    (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 3: 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 
Technical Bulletin No. A31-10-003, dated February 7, 1992, should be 
directed to Stemme GmbH & Co. KG, Gustav-Meyer-Allee 25, D-W-1000 
Berlin 65, Federal Republic of Germany. 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 64106.
    (e) The replacement required by this AD shall be done in 
accordance with Stemme Technical Bulletin No. A31-10-003, dated 
February 7, 1992. 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 Stemme GmbH & 
Co. KG, Gustav-Meyer-Allee 25, D-W-1000 Berlin 65, Federal Republic 
of 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.

    Note 4: The subject of this AD is addressed in German AD 92-197 
Stemme, dated April 9, 1992.

    (f) This amendment becomes effective on September 25, 1998.

    Issued in Kansas City, Missouri on August 28, 1998.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 98-23967 Filed 9-9-98; 8:45 am]
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