[Federal Register Volume 64, Number 134 (Wednesday, July 14, 1999)]
[Rules and Regulations]
[Pages 37841-37842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17677]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-CE-07-AD; Amendment 39-11222; AD 99-15-03]
RIN 2120-AA64


Airworthiness Directives; Stemme GmbH & Co. KG Model S10-VT 
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) Model S10-VT 
sailplanes. This AD requires modifying the wastegate control in order 
to eliminate heat damage. 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 
the wastegate control from malfunctioning because of heat damage, which 
could result in loss of automatic manifold pressure control and engine 
damage.

DATES: Effective August 31, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 31, 1999.

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. 99-CE-07-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, 
FAA, Small Airplane Directorate, 1201 Walnut, suite 900, Kansas City, 
Missouri 64106; telephone: (816) 426-6934; facsimile: (816) 426-2169.


[[Page 37842]]


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 Model 
S10-VT sailplanes was published in the Federal Register as a notice of 
proposed rulemaking (NPRM) on April 26, 1999 (64 FR 20229). The NPRM 
proposed to require modifying the wastegate control in order to 
eliminate heat damage. Accomplishment of the proposed action as 
specified in the NPRM would be required in accordance with Stemme 
Service Bulletin No. A31-10-034, Amendment 01.a, pages 3 and 4, dated 
July 24, 1998.
    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 
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 6 sailplanes in the U.S. registry will be 
affected by this AD, that it will take approximately 4 workhours per 
sailplane to accomplish this action, and that the average labor rate is 
approximately $60 an hour. Parts cost approximately $150 per sailplane. 
Based on these figures, the total cost impact of this AD on U.S. 
operators is estimated to be $2,340, or $390 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:

99-15-03  Stemme GMBH & Co. KG: Amendment 39-11222; Docket No. 99-
CE-07-AD.

    Applicability: Model S10-VT sailplanes, serial numbers 11-004 
through 11-006 and 11-008 through 11-013, 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 (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 3 calendar months after the 
effective date of this AD, unless already accomplished.
    To prevent the wastegate control from malfunctioning because of 
heat damage, which could result in loss of automatic manifold 
pressure control and engine damage, accomplish the following:
    (a) Modify the wastegate control in order to eliminate heat 
damage, in accordance with the Instructions section of Stemme 
Service Bulletin No. A31-10-034, Amendment 01.a, pages 3 and 4, 
dated July 24, 1998.
    (b) Special flight permits may be issued in accordance with 
Secs. 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. A31-10-034, Amendment 01.a, dated July 24, 1998, 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 64106.
    (e) The modification required by this AD shall be done in 
accordance with Stemme GmbH & Co. KG Service Bulletin No. A31-10-
034, Amendment 01.a, pages 3 and 4, dated July 24, 1998. 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-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.

    Note 3: The subject of this AD is addressed in German AD 1998-
400, dated October 22, 1998.

    (f) This amendment becomes effective on August 31, 1999.

    Issued in Kansas City, Missouri, on July 2, 1999.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-17677 Filed 7-13-99; 8:45 am]
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