[Federal Register Volume 68, Number 196 (Thursday, October 9, 2003)]
[Rules and Regulations]
[Pages 58263-58265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25330]



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  Federal Register / Vol. 68, No. 196 / Thursday, October 9, 2003 / 
Rules and Regulations  

[[Page 58263]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-36-AD; Amendment 39-13327; AD 2003-20-09]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Stemme GmbH & Co. KG Model STEMME S10-VT sailplanes that incorporate a 
certain gear box. This AD requires you to incorporate flight 
restrictions into the Limitations Section of the sailplane flight 
manual and fabricate and install a placard close to the throttle lever 
indicating these restrictions. This AD is the result of mandatory 
continuing airworthiness information (MCAI) issued by the airworthiness 
authority for Germany. We are issuing this AD to prevent the potential 
for the lower cog wheel in the gear box to rupture, which could result 
in loss of power and possible loss of control of the sailplane.

DATES: This AD becomes effective on October 20, 2003.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulation as of 
October 20, 2003.
    We must receive any comments on this AD by November 3, 2003.

ADDRESSES: Use one of the following to submit comments on this AD:
    [sbull] By mail: FAA, Central Region, Office of the Regional 
Counsel, Attention: Rules Docket No. 2003-CE-36-AD, 901 Locust, Room 
506, Kansas City, Missouri 64106.
    [sbull] By fax: (816) 329-3771.
    [sbull] By e-mail: [email protected]. Comments sent 
electronically must contain ``Docket No. 2003-CE-36-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.
    You may get the service information identified 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 the AD docket at FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2003-CE-36-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. Office hours are 8 a.m. 
to 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Greg Davison, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4130; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

What Events Have Caused This AD?

    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for Germany, recently notified FAA that an unsafe condition may exist 
on all Stemme GmbH & Co. KG Model STEMME S10-VT sailplanes that 
incorporate a part number 11AG gear box (serial numbers 43YYQ001 
through 43YYQ093). The LBA reports two incidents where the lower cog 
wheels of the affected gear box failed. In both cases, the web of the 
cog wheel separated from the shaft.

What Are the Consequences if the Condition Is Not Corrected?

    This condition, if not prevented, could cause the lower cog wheel 
in the gear box to rupture, which could result in loss of power and 
possible loss of control of the sailplane.

Is There Service Information That Applies to This Subject?

    Stemme GmbH & Co. KG has issued Stemme Service Bulletin A31-10-065, 
Am.-Index: 92a, dated February 21, 2003.

What Are the Provisions of This Service Information?

    The service bulletin is divided into two parts as follows:
    1. Flight manual limitations and placard installation:

--Flight manual limitation: ``The operation of the engine will be 
limited to maximum 100% power (max. continuous power).''
--Flight manual limitation: ``Hence the take-off procedure (take-off 
with take-off power 115%, see section 4.5.2.2. of the Flight Manual) 
must not be selected. Alternative procedures (i.e., take-off with max. 
continuous power 100%) are published in the Flight Manual.''
--Placard: Installation of a placard close to the throttle lever with 
the following: ``Operation above 100% continuous power is not allowed! 
(see SB A31-10-1065).''

    2. Replacement of the lower cog wheel (P/N: 43.15.0028) with a 
modified cog wheel (P/N: 43:15:0043).

What Action Did the LBA Take?

    The LBA classified this service bulletin as mandatory and issued 
German AD Number 2002-389/2, Effective date: April 17, 2003, in order 
to ensure the continued airworthiness of these sailplanes in Germany.

Was This in Accordance With the Bilateral Airworthiness Agreement?

    These Stemme GmbH & Co. KG Model STEMME S10-VT sailplanes 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.
    Per this bilateral airworthiness agreement, the LBA has kept us 
informed of the situation described above.

FAA's Determination and Requirements of the Proposed AD

What Has FAA Decided?

    We have examined the LBA's findings, reviewed all available 
information, and determined that AD action is necessary for products of 
this type design that are certificated for operation in the United 
States.
    Since the unsafe condition described previously is likely to exist 
or develop

[[Page 58264]]

on other Stemme GmbH & Co. KG Model STEMME S10-VT sailplanes of the 
same type design that are registered in the United States, this AD is 
being issued to prevent the potential for the lower cog wheel in the 
gear box to rupture, which could result in loss of power and possible 
loss of control of the sailplane.

What Does This AD Require?

    This AD requires you to incorporate restrictions into the 
Limitations Section of the flight manual and incorporate a placard 
close to the throttle lever indicating these restrictions. These 
restrictions and the placard are referenced in Stemme Service Bulletin 
A31-10-065, Am.-Index: 02a, dated February 25, 2003.
    In preparation of this rule, we contacted type clubs and aircraft 
operators to obtain technical information and information on 
operational and economic impacts. We did not receive any information 
through these contacts. If received, we would have included, in the 
rulemaking docket, a discussion of any information that may have 
influenced this action.

Why Is the FAA Not Mandating the Cog Wheel Replacement?

    We are not mandating the cog wheel replacement (as specified in the 
service information) in this AD action because of the ``bootstrapping 
requirement.'' When we issue an AD that involves requirements affecting 
flight safety where we do not first provide notice and an opportunity 
for public comment, then we are only able to include a short-term 
action that immediately corrects the unsafe condition. The 
Administrative Procedures Act does not permit combining a long-term 
requirement with a short-term action when we do not provide prior 
public comment. We analyze the short-term action and the long-term 
action separately for justification to bypass public notice.
    The FAA may initiate future AD action with public comment to 
mandate the cog wheel replacement as terminating action for the AFM 
requirements of this AD. This cog wheel replacement is optional in this 
AD as terminating action.

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

    On July 10, 2002, we 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 altered products, 
special flight permits, and alternative methods of compliance. 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.

Comments Invited

Will I Have the Opportunity To Comment Prior to the Issuance of the 
Rule?

    This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment; however, we invite you to submit any written relevant data, 
views, or arguments regarding this AD. Send your comments to an address 
listed under ADDRESSES. Include ``AD Docket No. 2003-CE-36-AD'' in the 
subject line of your comments. If you want us to acknowledge receipt of 
your mailed comments, send us a self-addressed, stamped postcard with 
the docket number written on it; we will date-stamp your postcard and 
mail it back to you. We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of the rule 
that might suggest a need to modify it. If a person contacts us through 
a nonwritten communication, and that contact relates to a substantive 
part of this AD, we will summarize the contact and place the summary in 
the docket. We will consider all comments received by the closing date 
and may amend the AD in light of those comments.

Regulatory Findings

Will This AD Impact Various Entities?

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.

Will This AD involve a significant rule or regulatory action?

    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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.
    We prepared a summary of the costs to comply with this AD and 
placed it in the AD Docket. You may get a copy of this summary by 
sending a request to us at the address listed under ADDRESSES. Include 
``AD Docket No. 2003-CE-36-AD'' in your request.

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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2003-20-09 Stemme GmbH & Co. KG: Amendment 39-13327; Docket No. 
2003-CE-36-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on October 20, 2003.

Are Any Other ADs Affected by This Action?

    (b) None.

What Sailplanes Are Affected by This AD?

    (c) This AD affects all Model STEMME S10-VT sailplanes that:
    (1) Incorporate a part number (P/N) 11AG gear box (serial 
numbers 43YYQ001 through 43YYQ093); and
    (2) Are certificated in any category:

What is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for 
Germany. We are issuing this AD to prevent the potential for the 
lower cog wheel in the gear box to rupture, which could result in 
loss of power and possible loss of control of the sailplane.

What Must I Do To Address This Problem?

    (e) To address this problem, you must accomplish the following:

[[Page 58265]]



------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Incorporate the           Within the next 10    Either insert a copy
 following flight              days after October    of this portion of
 restrictions into the         20, 2003 (the         the AD or Stemme
 Limitations Section of the    effective date of     Service Bulletin
 flight manual:                this AD), unless      A31-10-065, Am.-
(i) ``The operation of the     already               Index: 02a, dated
 engine will be limited to     accomplished.         February 25, 2003,
 maximum 100% power (max.                            into the
 continuous power).'' and.                           Limitations Section
(ii) ``Hence the take-off                            of this of the AFM.
 procedure (take-off with                            The owner/operator
 take-off power 115%, see                            holding at least a
 section 4.5.2.2, of the                             private pilot
 Flight Manual) must not be                          certificate as
 selectd. Alternative                                authorized by
 procedures (i.e., take-off                          section 43.7
 with max. continuous power                          Federal Aviation
 100%) are published in the                          Regulations (14 CFR
 flight Manual.''.                                   43.7) may do this
                                                     flight manual
                                                     insertion. Make an
                                                     entry into the
                                                     aircraft records
                                                     showing compliance
                                                     with these portions
                                                     of the AD in
                                                     accordance with
                                                     section 43.9 of the
                                                     Federal Aviation
                                                     regulations (14 CFR
                                                     43.9).
(2) Fabricate a placard that  Within the next 10    No specific
 incorporates the following    days after October    procedures are
 words (using at least 1/8-    20, 2003 (the         necessary for this
 inch letters) and install     effective date of     action. Stemme
 this placard close to the     this AD), unless      Service Bulletin
 throttle lever: ``Operation   already               A31-10-065, Am.-
 above 100% continuous power   accomplished.         Index: 02a, dated
 is not allowed! (see SB A31-                        February 25, 2003,
 10-1065).''                                         references this
                                                     action. The owner/
                                                     operator holding at
                                                     least a private
                                                     pilot certificate
                                                     as authorized by
                                                     section 43.7 of the
                                                     Federal Aviation
                                                     Regulations (14 CFR
                                                     the throttle 43.7)
                                                     may do the placard
                                                     requirements. Make
                                                     an entry into the
                                                     aircraft records
                                                     showing compliance
                                                     with these portions
                                                     of the AD in
                                                     accordance with
                                                     section 43.9 of the
                                                     Federal Aviation
                                                     (14 CFR 43.9).
(3) As an alternative method  At any time as        Use the instructions
 of compliance to this AD,     terminating action    in Stemme Service
 replace the lower cog wheel   for the limitations   Bulletin A31-10-
 (P/N: 43.15.0028) with a      and placard           065, Am.-Index:
 modified cog wheel (P/N:      requirements of       02a, dated February
 43:15:0043).                  this AD.              25, 2003.
------------------------------------------------------------------------

Why Is the FAA Not Mandating the Cog Wheel Replacement?

    (f) We are not mandating the cog wheel replacement (as specified 
in the service information) in this AD action because of the 
``bootstrapping requirement.'' When we issue an AD that involves 
requirements affecting flight safety where we do not first provide 
notice and an opportunity for public comment, then we are only able 
to include a short-term action that immediately corrects the unsafe 
condition.
    (1) The Administrative Procedures Act does not permit combining 
a long-term requirement with a short-term action when we do not 
provide prior public comment. The short-term action and the long-
term action are analyzed separately for justification to bypass 
public notice.
    (2) We may initiate future AD action with public comment to 
mandate the cog wheel replacement as terminating action for the AFM 
requirements of this AD. This cog wheel replacement is optional in 
this AD as terminating action.

What About Alternative Methods of Compliance?

    (g) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.13. Send your request to the Manager, Standards Office, 
Small Airplane Directorate, FAA. For information on any already 
approved alternative methods of compliance, contact Greg Davison, 
Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, 
Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4130; 
facsimile: (816) 329-4090.

Is There Material Incorporated by Reference?

    (h) If you choose to do the replacement required by this AD, 
then you must use Stemme Service Bulletin A31-10-065, Am.-Index: 
02a, dated February 25, 2003. The Director of the Federal Register 
approved the incorporation by reference of this service bulletin in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may get a 
copy 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 review copies at FAA, Central Region, 
Office of the Regional Counsel, 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.

Is There Other Information That Relates to This Subject?

    (i) German AD Number 2002-389/2, Effective date: April 17, 2003, 
also addresses the subject of this AD.

    Issued in Kansas City, Missouri, on September 30, 2003.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 03-25330 Filed 10-8-03; 8:45 am]
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