[Federal Register Volume 68, Number 64 (Thursday, April 3, 2003)]
[Rules and Regulations]
[Pages 16190-16192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7744]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-CE-52-AD; Amendment 39-13101; AD 2003-07-05]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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

SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to all Stemme GmbH & Co. KG (Stemme) Models S10 and S10-V 
sailplanes. This AD requires you to modify the engine compartment fuel 
and oil system and firewall. This 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 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: This AD becomes effective on May 22, 2003.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulations as of May 
22, 2003.

ADDRESSES: You may get the service information 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 this information at the Federal Aviation Administration 
(FAA), Central Region, Office of the Regional Counsel, Attention: Rules 
Docket No. 2002-CE-52-AD, 901 Locust, Room 506, 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, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4144; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

What Events Have Caused This 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 sailplanes:

--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

[[Page 16191]]

sailplanes registered outside of the United States.

What Is the Potential Impact if FAA Took No Action?

    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.

Has FAA Taken Any Action to This Point?

    We issued a proposal to amend part 39 of the Federal Aviation 
Regulations (14 CFR part 39) to include an AD that would apply to all 
Stemme Models S10 and S10-V sailplanes. This proposal was published in 
the Federal Register as a notice of proposed rulemaking (NPRM) on 
January 14, 2003 (68 FR 1805). The NPRM proposed to require you to 
modify the engine compartment fuel and oil system and firewall.

Was the Public Invited To Comment?

    The FAA encouraged interested persons to participate in the making 
of this amendment. We received one comment in support of the NPRM.

FAA's Determination

What Is FAA's Final Determination on This Issue?

    We carefully reviewed all available information related to the 
subject presented above and determined that air safety and the public 
interest require the adoption of the rule as proposed except for the 
changes discussed above and minor editorial corrections. We have 
determined that these changes and minor corrections:

--Provide the intent that was proposed in the NPRM for correcting the 
unsafe condition; and
--Do not add any additional burden upon the public than was already 
proposed in the NPRM.

How Does the Revision to 14 CFR Part 39 Affect This AD?

    On July 10, 2002, FAA published a new version of 14 CFR part 39 (67 
FR 47997, July 22, 2002), which governs FAA's AD system. This 
regulation now includes material that relates to special flight 
permits, alternative methods of compliance, and altered products. This 
material previously was included in each individual AD. Since this 
material is included in 14 CFR part 39, we will not include it in 
future AD actions.

Cost Impact

How Many Sailplanes Does This AD Impact?

    We estimate that this AD affects 15 sailplanes in the U.S. 
registry.

What Is the Cost Impact of This AD on Owners/Operators of the Affected 
Sailplanes?

    We estimate the following costs to accomplish the modifications:

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

What is the Compliance Time of This AD?

    The compliance time of this 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 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 AD will 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

Does This AD Impact Various Entities?

    The regulations adopted herein will 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 final rule does not have federalism 
implications under Executive Order 13132.

Does This AD Involve a Significant Rule or Regulatory Action?

    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

0
Accordingly, under 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

0
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]

0
2. FAA amends Sec.  39.13 by adding a new AD to read as follows:

2003-07-05 Stemme GmbH & Co. KG: Amendment 39-13101; 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:

[[Page 16192]]



------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
Modify the firewall by        Within the next 50    Modify the firewall
 sealing all gaps and modify   hours time-in-        in accordance with
 the fuel and oil lines in     service (TIS) or 6    Stemme Service
 the engine compartment.       months after May      Bulletin A31-10-
                               22, 2003 (the         057, dated June 7,
                               effective date of     2001, as specified
                               this AD), whichever   in Stemme Service
                               occurs first.         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? To use an 
alternative method of compliance or adjust the compliance time, use 
the procedures in 14 CFR 39.19. Send these requests to the Manager, 
Standards Office, Small Airplane Directorate. For information on 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.
    (f) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance 
with Stemme Service Bulletin A31-10-057, dated June 7, 2001; Stemme 
Service Bulletin A31-10-063, dated September 11, 2002; and Stemme 
Installation Instruction A34-10-063E, dated August 26, 2002. The 
Director of the Federal Register approved this incorporation by 
reference under 5 U.S.C. 552(a) and 1 CFR part 51. You may get 
copies 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 copies at the FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, 
Missouri, or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.
    (g) When does this amendment become effective? This amendment 
becomes effective on May 22, 2003.

    Issued in Kansas City, MO, on March 25, 2003.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 03-7744 Filed 4-2-03; 8:45 am]
BILLING CODE 4910-13-P