[Federal Register Volume 72, Number 197 (Friday, October 12, 2007)]
[Rules and Regulations]
[Pages 58005-58007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-20123]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28958; Directorate Identifier 2007-CE-070-AD; 
Amendment 39-15227; AD 2007-21-09]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) issued by the aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    As a result of a fault report from a Stemme S10-VT operator, an 
investigation of the differential fuel pressure sensor 11AB-K01 was 
performed. The fault report describes a fuel leak through the air 
pressure line into the airbox. The fuel escaped through the drainage 
tubes. As a result of this investigation, the possibility of a leak 
to the engine compartment cannot be excluded.

This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective November 1, 2007.
    On November 1, 2007, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in this 
AD.
    We must receive comments on this proposed AD by November 13, 2007.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Office (telephone (800) 647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Greg Davison, Glider Program Manager, 
901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 
329-4130; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued AD 
No.: 2007-0191-E, dated July 13, 2007 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    As a result of a fault report from a Stemme S10-VT operator, an 
investigation of the differential fuel pressure sensor 11AB-K01 was 
performed. The fault report describes a fuel leak through the air 
pressure line into the airbox. The fuel escaped through the drainage 
tubes. As a result of this investigation, the possibility of a leak 
to the engine compartment cannot be excluded.
    Differential fuel pressure sensor type 11AB-KD was designed end 
of year 2003 after the end of production of the old differential 
fuel pressure sensor 11AB-K01. The old differential fuel pressure 
sensor 11AB-K01 was installed into the serial production until April 
2004. The differential fuel pressure sensor 11AB-K01 has a life time 
limitation of 5 years. The new differential fuel pressure sensor 
11AB-KD has no life time limitation.
    Stemme AG has issued Service Bulletin A31-10-081, describing the 
repetitive inspection and ultimate replacement of the old 
differential fuel pressure sensor 11AB-K01. Some 32 installation 
kits (11AB-KIT) containing the type 11AB-KD sensor were provided to 
different owners of Stemme S10-VT aircraft in the period between 
April 2003 and May 2007. The Stemme-Group has no information about 
the installation of these kits.

    You may obtain further information by examining the MCAI in the AD.

Relevant Service Information

    STEMME F & D has issued Service Bulletin A31-10-081, Am.-Index: 
01.a, dated June 25, 2007. The actions described in this service 
information are intended to correct the unsafe condition identified in 
the MCAI.

FAA's Determination and Requirements of the AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are issuing this AD because we 
evaluated all information provided by the State of Design Authority and 
determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making

[[Page 58006]]

these changes, we do not intend to differ substantively from the 
information provided in the MCAI and related service information.
    We might have also required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
described in a separate paragraph of the AD. These requirements take 
precedence over those copied from the MCAI.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because a 
fuel leak through the drainage tubes was found following the 
investigation of the differential pressure sensor 11AB-K01. A Stemme 
S10 VT operator made a fault report describing a fuel leak through the 
air pressure line into the airbox, prompting the investigation. The 
fuel escaped through the drainage tubes. As a result of this 
investigation, the possibility of a leak in the engine compartment 
cannot be excluded. Therefore, we determined that notice and 
opportunity for public comment before issuing this AD are impracticable 
and that good cause exists for making this amendment effective in fewer 
than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2007-28958; Directorate 
Identifier 2007-CE-070-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We 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.
    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 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 regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

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 FAA amends 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 AD:

2007-21-09 Stemme GmbH & Co. KG: Amendment 39-15227; Docket No. FAA-
2007-28958; Directorate Identifier 2007-CE-070-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November 
1, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Stemme Model S10-VT gliders, all serial 
numbers, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    As a result of a fault report from a Stemme S10-VT operator, an 
investigation of the differential fuel pressure sensor 11AB-K01 was 
performed. The fault report describes a fuel leak through the air 
pressure line into the airbox. The fuel escaped through the drainage 
tubes. As a result of this investigation, the possibility of a leak 
to the engine compartment cannot be excluded.
    Differential fuel pressure sensor type 11AB-KD was designed end 
of year 2003 after the end of production of the old differential 
fuel pressure sensor 11AB-K01. The old differential fuel pressure 
sensor 11AB-K01 was installed into the serial production until April 
2004. The differential fuel pressure sensor 11AB-K01 has a lifetime 
limitation of 5 years. The new differential fuel pressure sensor 
11AB-KD has no lifetime limitation.
    Stemme AG has issued Service Bulletin A31-10-081, describing the 
repetitive inspection and ultimate replacement of the old 
differential fuel pressure sensor 11AB-K01. Some 32 installation 
kits (11AB-KIT) containing the type 11AB-KD sensor were provided to 
different owners of Stemme S10-VT aircraft in the period between 
April 2003 and May 2007. The Stemme-Group has no information about 
the installation of these kits.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For all gliders with a type 11AB-K01 fuel pressure sensor 
installed:
    (i) Before further flight after November 1, 2007 (the effective 
date of this AD), insert Stemme S10-VT Flight Manual page 4-2, 
Amendment No.: 3-SB A31-10-081, date of issue September 9, 1997, as 
attached to STEMME F & D Service Bulletin A31-10-081, Am.-Index: 
01.a, dated June 25, 2007, into the Limitations section of the 
applicable airplane flight manual (AFM), upgrading the third check 
item ``Daily Inspection'' according to chapter 4.3, subchapter 4.3.1 
``Engine'':

    ``* * * installed differential fuel pressure sensor must be 
checked with fuel cock ``OPEN'' and main fuel pumps ''ON'', for any 
signs of leakage in the area of case splitting.''

The owner/operator holding at least a private pilot certificate as 
authorized by section 43.7

[[Page 58007]]

of the Federal Aviation Regulations (14 CFR 43.7) may do this 
action. Make an entry in the aircraft records showing compliance 
with this portion of the AD following section 43.9 of the Federal 
Aviation Regulations (14 CFR 43.9).
    (ii) If fuel leakage is found during any of the daily checks as 
required by the AFM insert of paragraph (f)(1)(i) of this AD, before 
further flight, repair any damage and replace the type 11AB-K01 
sensor with the new type 11AB-KD sensor.
    (iii) Within 30 days after November 1, 2007 (the effective date 
of this AD), replace any remaining type 11AB-K01 differential fuel 
pressure sensors with the new version 11AB-KD sensors.
    (iv) After installation of the 11AB-KD differential fuel 
pressure sensor, remove the additionally introduced page from the 
Limitations section of the AFM as required by paragraph (f)(1)(i) of 
this AD. The repetitive daily inspection is no longer required.
    (2) For all airplanes: As of 30 days after November 1, 2007 (the 
effective date of this AD), do not install a type 11AB-K01 
differential fuel pressure sensor on any of the affected gliders as 
a replacement part.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: Greg Davison, Glider Program Manager, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4130; fax: (816) 329-4090. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
    2007-0191-E, dated July 13, 2007, and STEMME F & D Service 
Bulletin A31-10-081, Am.-Index: 01.a, dated June 25, 2007, for 
related information.

Material Incorporated by Reference

    (i) You must use STEMME F & D Service Bulletin A31-10-081 Am.-
Index: 01.a, dated June 25, 2007 (which includes Flight Manual 
Stemme S10-VT, page 4-2, Amendment No.: 3-SB A31-10-081, issued 
September 9, 1997), to do the actions required by this AD, unless 
the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Stemme GmbH & Co. KG, Gustav-Meyer-Allee 25, D-13355 Berlin, 
Germany; Telephone: +49-3341-3111-70; Facsimile: +49-3341-3111-73.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 
64106; or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on October 4, 2007.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-20123 Filed 10-11-07; 8:45 am]
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