AD 2002-22-04

[Federal Register Volume 67, Number 212 (Friday, November 1, 2002)]
[Rules and Regulations]
[Pages 66547-66548]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 02-27420]



[[Page 66547]]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-CE-29-AD; Amendment 39-12928; AD 2002-22-04]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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

SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain Stemme GmbH & Co. KG (Stemme) Model S10-VT 
sailplanes. This AD requires you to modify the engine compartment fuel 
and oil system and firewall. This AD is the result of mandatory 
continuing airworthiness information (MCAI) issued by the airworthiness 
authority for Germany. The actions specified by this AD are intended to 
reduce the potential for a fire to ignite in the engine compartment and 
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 December 20, 2002.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulations as of 
December 20, 2002.

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-29-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, recently notified FAA 
that an unsafe condition may exist on certain Stemme Model sailplanes. 
The LBA reports an incident of an in-flight fire on a Model 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.
    What is the potential impact if FAA took no action? If this 
condition is not corrected, 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 certain Stemme Model sailplanes. This 
proposal was published in the Federal Register as a notice of proposed 
rulemaking (NPRM) on August 2, 2002 (67 FR 50383). The NPRM proposed to 
require you to modify the engine compartment fuel and oil system and 
modify the firewall by sealing all gaps.
    Was the public invited to comment? The FAA encouraged interested 
persons to participate in the making of this amendment. We did not 
receive any comments on the proposed rule or on our determination of 
the cost to the public.

FAA's Determination

    What is FAA's final determination on this issue? After careful 
review of all available information related to the subject presented 
above, we have determined that air safety and the public interest 
require the adoption of the rule as proposed except for minor editorial 
corrections. We have determined that these 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.

Cost Impact

    How many sailplanes does this AD impact? We estimate that this AD 
affects 41 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       sailplane           Total cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
10 workhours x $60 per hour = $600..            $620           $1,220   $1,220 x 41 = $50,020.
----------------------------------------------------------------------------------------------------------------

Compliance Time of This AD

    What will be the compliance time of this AD? The compliance time of 
this AD is ``within the next 50 hours time-in-service (TIS) or 3 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 3 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 should be 
specified in both hours time-in-service (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

[[Page 66548]]

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

    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

    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 AD to read as follows:

2002-22-04 Stemme GmbH & Co. KG: Amendment 39-12928; Docket No. 
2002-CE-29-AD.

    (a) What sailplanes are affected by this AD? This AD affects 
Model S10-VT sailplanes, serial numbers 11-002 through 11-072, 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 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        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 3    Stemme Service
 the engine compartment.       months after          Bulletin A31-10-
                               December 20, 2002     057, dated June 7,
                               (the effective date   2001, as specified
                               of this AD),          in Stemme Service
                               whichever occurs      Bulletin A31-10-
                               first.                061, dated April
                                                     22, 2002. Modify
                                                     the fuel oil lines
                                                     in accordance with
                                                     Stemme Service
                                                     Bulletin A31-10-
                                                     061, dated April
                                                     22, 2002, and
                                                     Stemme Installation
                                                     Instruction A34-10-
                                                     061E, dated April
                                                     22, 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 FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, Standards Office.

    Note 1: 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) 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 A31-10-061, dated April 22, 2002, and Stemme 
Installation Instruction A34-10-061E, dated April 22, 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.

    Note 2: The subject of this AD is addressed in German AD 2002-
156, dated June 13, 2002.

    (i) When does this amendment become effective? This amendment 
becomes effective on December 20, 2002.

    Issued in Kansas City, Missouri, on October 22, 2002.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-27420 Filed 10-31-02; 8:45 am]
BILLING CODE 4910-13-P