[Federal Register Volume 73, Number 216 (Thursday, November 6, 2008)]
[Rules and Regulations]
[Pages 65979-65981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26235]



[[Page 65979]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1161; Directorate Identifier 2008-CE-067-AD; 
Amendment 39-15726; AD 2008-23-05]
RIN 2120-AA64


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

    Investigations performed following a report about a fuel leakage 
in a Stemme S10-V powered-sailplane revealed that some fuel lines 
fabricated between March 2008 and May 2008, after the introduction 
of a new pressing tool, present a manufacturing defect which could 
lead to the puncture of the fuel lines.

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

DATES: This AD becomes effective November 26, 2008.
    On November 26, 2008 the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in this 
AD.
    We must receive comments on this AD by December 8, 2008.

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.: 2008-0186-E, dated October 9, 2008 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    Investigations performed following a report about a fuel leakage 
in a Stemme S10-V powered-sailplane revealed that some fuel lines 
fabricated between March 2008 and May 2008, after the introduction 
of a new pressing tool, present a manufacturing defect which could 
lead to the puncture of the fuel lines.
    For the reason stated above, this Airworthiness Directive (AD) 
mandates, as an initial phase, repetitive inspections of the fuel 
lines until their replacement, by new ones which conform to the 
approved original specifications, is implemented as a final fix.

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

Relevant Service Information

    Stemme GmbH & Co. KG has issued Stemme F & D Service Bulletin A31-
10-084 Am.-Index: 01.a, dated October 1, 2008. 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 these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have 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 
investigations performed following a report about a fuel leakage in a 
Stemme S10-V powered sailplane revealed that some fuel lines fabricated 
between March 2008 and May 2008, after the introduction of a new 
pressing tool, present a manufacturing defect which could lead to the 
puncture of the fuel lines. 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-2008-1161; Directorate 
Identifier 2008-CE-067-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.

[[Page 65980]]

    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 amends14 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:

2008-23-05 Stemme GmbH & Co. KG: Amendment 39-15726; Docket No. FAA-
2008-1161; Directorate Identifier 2008-CE-067-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November 
26, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models S10 and S10-V gliders, serial 
numbers 10-32, 10-53, 14-025, and 14-027, certificated in any 
category.

Subject

    (d) Air Transport Association of America (ATA) Code 73: Engine 
Fuel & Control.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    ``Investigations performed following a report about a fuel 
leakage in a Stemme S10-V powered-sailplane revealed that some fuel 
lines fabricated between March 2008 and May 2008, after the 
introduction of a new pressing tool, present a manufacturing defect 
which could lead to the puncture of the fuel lines.
    ``For the reason stated above, this Airworthiness Directive (AD) 
mandates, as an initial phase, repetitive inspections of the fuel 
lines until their replacement, by new ones which conform to the 
approved original specifications, is implemented as a final fix.''

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Before every flight after November 26, 2008 (the effective 
date of this AD) until accomplishment of paragraph (f)(2) of this 
AD, inspect the fuel lines in the engine compartment (pressed lines) 
following Stemme F & D Service Bulletin A31-10-084 Am.-Index: 01.a, 
dated October 1, 2008.
    (2) Before further flight where any leakage is found as a result 
of any inspection required in paragraph (f)(1) of this AD or within 
the next 25 days after November 26, 2008 (the effective date of this 
AD), whichever occurs first, replace all the fuel lines in the 
engine compartment (pressed lines) following Stemme F & D Service 
Bulletin A31-10-084 Am.-Index: 01.a, dated October 1, 2008. 
Replacement of all fuel lines in the engine compartment (pressed 
lines) terminates the repetitive inspection requirement of paragraph 
(f)(1) of this AD.

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 European Aviation Safety Agency (EASA) AD No.: 
2008-0186-E, dated October 9, 2008, and Stemme F & D Service 
Bulletin A31-10-084 Am.-Index: 01.a, dated October 1, 2008, for 
related information.

Material Incorporated by Reference

    (i) You must use Stemme F & D Service Bulletin A31-10-084 Am.-
Index: 01.a, dated October 1, 2008, 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, Flugplatzstrae F2, Nr. 7, D-15344 Strausberg, 
Germany; telephone: +49-33-41-3612-0; fax: +49-33-41-3612-30; 
Internet: http://www.stemme.de/daten/d/service/a3110084_01a.pdf ; 
e-mail: [email protected].
    (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/code_of_federal_regulations/ibr_locations.html.


[[Page 65981]]


    Issued in Kansas City, Missouri, on October 28, 2008.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-26235 Filed 11-5-08; 8:45 am]
BILLING CODE 4910-13-P