[Federal Register Volume 68, Number 9 (Tuesday, January 14, 2003)]
[Proposed Rules]
[Pages 1805-1807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-673]



[[Page 1805]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-CE-52-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to all Stemme GmbH & Co. KG (Stemme) Models S10 
and S10-V sailplanes. This proposed AD would require you to modify the 
engine compartment fuel and oil system and firewall. This proposed AD 
is the result of FAA's determination that the actions required in AD 
2002-22-04 should also be accomplished on other sailplanes of similar 
type design. The actions specified by this proposed AD are intended to 
reduce the potential for a fire to ignite in the engine compartment and 
to increase the containment of an engine fire in the engine 
compartment. A fire in the engine compartment could lead to loss of 
control of the sailplane.

DATES: The Federal Aviation Administration (FAA) must receive any 
comments on this proposed rule on or before February 21, 2003.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2002-CE-52-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. You may view any 
comments at this location between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays. You may also send comments 
electronically to the following address: [email protected]. 
Comments sent electronically must contain ``Docket No. 2002-CE-52-AD'' 
in the subject line. If you send comments electronically as attached 
electronic files, the files must be formatted in Microsoft Word 97 for 
Windows or ASCII text.
    You may get service information that applies to this proposed AD 
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. 
You may also view this information at the Rules Docket at the address 
above.

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:

Comments Invited

    How do I comment on this proposed AD? The FAA invites comments on 
this proposed rule. You may submit whatever written data, views, or 
arguments you choose. You need to include the rule's docket number and 
submit your comments to the address specified under the caption 
ADDRESSES. We will consider all comments received on or before the 
closing date. We may amend this proposed rule in light of comments 
received. Factual information that supports your ideas and suggestions 
is extremely helpful in evaluating the effectiveness of this proposed 
AD action and determining whether we need to take additional rulemaking 
action.
    Are there any specific portions of this proposed AD I should pay 
attention to? The FAA specifically invites comments on the overall 
regulatory, economic, environmental, and energy aspects of this 
proposed rule that might suggest a need to modify the proposed rule. 
You may view all comments we receive before and after the closing date 
of the proposed rule in the Rules Docket. We will file a report in the 
Rules Docket that summarizes each contact we have with the public that 
concerns the substantive parts of this proposed AD.
    How can I be sure FAA receives my comment? If you want FAA to 
acknowledge the receipt of your mailed comments, you must include a 
self-addressed, stamped postcard. On the postcard, write ``Comments to 
Docket No. 2002-CE-52-AD.'' We will date stamp and mail the postcard 
back to you.

Discussion

    What events have caused this proposed AD? The Luftfahrt-Bundesamt 
(LBA), which is the airworthiness authority for Germany, reported an 
incident of an in-flight fire on a Model S10-VT sailplane. The accident 
investigation revealed that the fire was not contained in the engine 
compartment. The manufacturer conducted a design review and determined 
that modifications to the fuel and oil system and the firewall design 
will significantly reduce the potential for a fire to ignite in the 
engine compartment and increase the containment of an engine fire in 
the engine compartment.
    This condition caused us to issue AD 2002-22-04, Amendment 39-12928 
(67 FR 66547, November 1, 2002). AD 2002-22-04 requires the following 
on certain Model S10-VT airplanes:

--modify the engine compartment fuel and oil system; and
--modify the firewall by sealing all gaps.

    Although Stemme Models S10 and S10-V sailplanes have a different 
engine installation (non-turbocharged), they are of similar type design 
as Stemme Model S10-VT sailplanes. We have determined that similar 
modifications should also be incorporated on these sailplanes. The LBA 
has determined that these modifications are not mandatory for 
sailplanes registered outside of the United States.
    What are the consequences if the condition is not corrected? If 
this condition is not prevented, there is potential for a fire to 
ignite in the engine compartment and spread into the cockpit. Such a 
condition could lead to loss of control of the sailplane.
    Is there service information that applies to this subject on the 
affected airplanes? Stemme has issued Service Bulletin Document Number 
A31-10-057, dated June 7, 2001, Service Bulletin Document Number A31-
10-063, dated September 11, 2002 , and Installation Instruction 
Document Number A34-10-063E, dated August 26, 2002.
    What are the provisions of this service information? These service 
documents include procedures for:

--modifying the engine compartment fuel and oil system; and
--modifying the firewall by sealing all gaps.
    Was this in accordance with the bilateral airworthiness agreement? 
These sailplane 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.
    Pursuant to this bilateral airworthiness agreement, the LBA kept 
FAA informed of its decision on this matter.

The FAA's Determination and an Explanation of the Provisions of this 
Proposed AD

    What has FAA decided? The FAA has examined the findings of the LBA; 
reviewed all available information, including the service information 
referenced above; and determined that:

--the unsafe condition referenced in this document exists or could 
develop

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on other Stemme Models S10 and S10-V sailplanes of the same type design 
that are on the U.S. registry;
--similar actions specified in AD 2002-22-04 should also be 
accomplished on these sailplane models;
--the actions specified in the previously-referenced service 
information should be accomplished on the affected sailplanes; and
--AD action should be taken in order to correct this unsafe condition.

    What would this proposed AD require? This proposed AD would require 
you to incorporate the actions in the previously-referenced service 
information.

Cost Impact

    How many sailplanes would this proposed AD impact? We estimate that 
this proposed AD affects 15 sailplanes in the U.S. registry.
    What would be the cost impact of this proposed AD on owners/
operators of the affected sailplanes? We estimate the following costs 
to accomplish the proposed modifications:

----------------------------------------------------------------------------------------------------------------
                                                                              Total cost per     Total cost on
                       Labor cost                            Parts cost         sailplane        U.S. operators
----------------------------------------------------------------------------------------------------------------
10 workhours x $60 per hour = $600.....................               $620             $1,220      $1,220 x 15 =
                                                                                                        $18,300.
----------------------------------------------------------------------------------------------------------------

Compliance Time of this Proposed AD

    What would be the compliance time of this proposed AD? The 
compliance time of this proposed AD is ``within the next 50 hours time-
in-service (TIS) or 6 months after the effective date of this AD, 
whichever occurs first.''
    Why is the compliance time of this proposed AD presented in both 
hours TIS and calendar time? The unsafe condition on these sailplanes 
is not a result of the number of times the sailplane is operated. 
Sailplane operation varies among operators. For example, one operator 
may operate the sailplane 50 hours TIS in 6 months while it may take 
another operator 12 months or more to accumulate 50 hours TIS. For this 
reason, the FAA has determined that the compliance time of this 
proposed AD should be specified in both hours TIS and calendar time in 
order to ensure this condition is not allowed to go uncorrected over 
time.

Regulatory Impact

    Would this proposed AD impact various entities? The regulations 
proposed herein would 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 
proposed rule would not have federalism implications under Executive 
Order 13132.
    Would this proposed AD involve a significant rule or regulatory 
action? For the reasons discussed above, I certify that this proposed 
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, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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. FAA amends Sec.  39.13 by adding a new airworthiness directive 
(AD) to read as follows:

Stemme Gmbh & Co. KG: Docket No. 2002-CE-52-AD

    (a) What sailplanes are affected by this AD? This AD affects 
Models S10 and S10-V sailplanes, all serial numbers, that are 
certificated in any category.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the sailplanes identified in paragraph (a) of this AD must 
comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to reduce the potential for a fire to ignite in 
the engine compartment and to increase the containment of an engine 
fire in the engine compartment. A fire in the engine compartment 
could lead to loss of control of the sailplane.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

------------------------------------------------------------------------
             Actions                  Compliance          Procedures
------------------------------------------------------------------------
Modify the firewall by sealing    Within the next 50  Modify the
 all gaps and modify the fuel      hours time-in-      firewall in
 and oil lines in the engine       service (TIS) or    accordance with
 compartment.                      6 months after      Stemme Service
                                   the effective       Bulletin A31-10-
                                   date of this AD,    057, dated June
                                   whichever occurs    7, 2001, as
                                   first.              specified in
                                                       Stemme Service
                                                       Bulletin A31-10-
                                                       063, dated
                                                       September 11,
                                                       2002. Modify the
                                                       fuel and oil
                                                       lines in
                                                       accordance with
                                                       Stemme Service
                                                       Bulletin A31-10-
                                                       063, dated
                                                       September 11,
                                                       2002, and Stemme
                                                       Installation
                                                       Instruction A34-
                                                       10-063E, dated
                                                       August 26, 2002.
------------------------------------------------------------------------

    (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, Standards Office, Small Airplane Directorate, 
approves your alternative. Submit your request through an

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FAA Principal Maintenance Inspector, who may add comments and then 
send it to the Manager, Standards Office.

    Note: 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 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) 329-4144; facsimile: 
(816) 329-4090.
    (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) How do I get copies of the documents referenced in this AD? 
You may get copies of the documents referenced in this AD 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. 
You may view these documents at FAA, Central Region, Office of the 
Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106.

    Issued in Kansas City, Missouri, on January 8, 2003.
Dorenda D. Baker,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-673 Filed 1-13-03; 8:45 am]
BILLING CODE 4910-13-P