AD 2010-11-08

[Federal Register Volume 75, Number 104 (Tuesday, June 1, 2010)]
[Rules and Regulations]
[Pages 30280-30282]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2010-12443]



[[Page 30280]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 39

[Docket No. FAA-2008-0788; Directorate Identifier 2008-CE-039-AD; 
Amendment 39-16313; AD 2010-11-08]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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

    AD 2007-0315-E was issued to address a possible fuel leakage in 
the gear compartment in front of the engine and mandated inspections 
and replacement of fuel plastic-made connectors by connectors made 
of metal. Since its publication, another fuel leakage has been 
reported on a S10-VT which had implemented the STEMME Service 
Bulletin (SB) A31-10-082 as required by AD 2007-0315-E.
    It has been determined that the fuel leak may have been caused 
by the deformation that the originally installed clamps created on 
the fuel hoses and thus preventing the new clamps from being 
sufficiently pinched to perform a correct tightening.

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective July 6, 2010.
    On July 6, 2010, the Director of the Federal Register approved the 
incorporation by reference of STEMME F & D Service Bulletin A31-10-083, 
Am-Index: 01.b, dated May 6, 2009, listed in this AD.
    As of June 23, 2008 (73 FR 31355, June 2, 2008), the Director of 
the Federal Register approved the incorporation by reference of STEMME 
F & D Service Bulletin A31-10-083, Am-Index: 01.a, dated February 26, 
2008, listed in this AD.
    As of February 20, 2008 (73 FR 5733, January 31, 2008), the 
Director of the Federal Register approved the incorporation by 
reference of STEMME F & D Service Bulletin A31-10-082, AM.-Index: 01.a, 
dated November 30, 2007, listed in this AD.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> or in person at the Docket Management Facility, 
U.S. Department of Transportation, Docket Operations, M-30, West 
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

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

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on July 3, 2008 (73 FR 
38160), and proposed to supersede AD 2008-11-20, Amendment 39-15543 (73 
FR 31355, June 2, 2008).
    AD 2008-11-20 was issued as an interim action in order to address 
the need for the immediate prevention of leaks in the area of the fuel 
line.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, issued Emergency 
AD No. 2008-0053-E, dated March 5, 2008 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products.
    The EASA AD requires mandatory replacement of STEMME part number 
(P/N) M476 single-ear clamps in the fuel system with P/N 10M-181 
single-ear clamps on all affected sailplanes within 12 months after the 
effective date of the AD.
    The Administrative Procedure Act does not permit the FAA to 
``bootstrap'' a long-term requirement into an urgent safety of flight 
action where the rule becomes effective at the same time the public has 
the opportunity to comment. The short-term action and the long-term 
action are analyzed separately for justification to bypass prior public 
notice.
    We are issuing this AD to address the mandatory replacement of all 
P/Ns M476 in the fuel system with P/Ns 10M-181.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received.

Comment Issue: Allow Installation of a Stainless Steel T- and Y-
Connector in the Fuel System in Lieu of a Zinc Metal T- and Y-Connector

    Gary Rode requests allowance to install an appropriately sized 
stainless steel fuel connector fitting instead of the zinc metal 
connector specified in STEMME F & D Service Bulletin A31-10-083, Am-
Index: 01.a, dated February 26, 2008.
    Mr. Rode states the zinc metal fuel connector fitting identified in 
the manufacturer's service bulletin is improperly sized and is made 
from a material that is susceptible to corrosion. Mr. Rode also states 
his disagreement with the manufacturer's use of a smaller clamp to 
alleviate fuel leakage at the fuel connector/hose interface.
    Mr. Rode recommends using a specific stainless steel connector that 
has a larger outside diameter. He states that using a larger diameter 
connector would provide a better fit when matched with the fuel hose 
inside diameter, thereby eliminating fuel leakage. Also, using a 
stainless steel connector would provide greater corrosion resistance.
    We agree that the stainless steel connector is an acceptable 
replacement part. We do not agree that the zinc metal connector is an 
unsafe part.
    We have coordinated Mr. Rode's concerns with the German 
airworthiness authority (LBA) and the manufacturer. The manufacturer 
has, in agreement with the LBA, revised STEMME F & D Service Bulletin 
A31-10-083, Am-Index: 01.a, dated February 26, 2008, to include 
allowance for installing a stainless steel connector as an optional 
replacement part.
    There has not been any safety issue related to the zinc metal 
connector reported in Europe or in the United States. Therefore, based 
on service history, we have elected at this time to not mandate a 
replacement of the zinc metal connector.
    We have changed the final rule AD action to incorporate using 
STEMME F & D Service Bulletin A31-10-083, Am-Index: 01.b, dated May 6, 
2009, which allows installing a zinc metal fuel connector or a 
stainless steel fuel connector.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

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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 
highlighted in a NOTE within the AD.

Costs of Compliance

    Based on the service information, we estimate that this AD will 
affect 46 products of U.S. registry. We also estimate that it will take 
about 3 work-hours per product to comply with the basic requirements of 
this AD. The average labor rate is $80 per work-hour.
    Based on these figures, we estimate the cost of the AD on U.S. 
operators to be $11,040, or $240 per product.

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 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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 the NPRM, 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.

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 removing Amendment 39-15543 (73 FR 
31355; June 2, 2008), and adding the following new AD:

2010-11-08 Stemme GmbH & Co. KG: Amendment 39-16313; Docket No. FAA-
2008-0788; Directorate Identifier 2008-CE-039-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 6, 
2010.

Affected ADs

    (b) This AD supersedes AD 2008-11-20, Amendment 39-15543.

Applicability

    (c) This AD applies to Model S10-VT powered sailplanes, serial 
numbers 11-001 through 11-112, certificated in any category.

Subject

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

Reason

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

    AD 2007-0315-E was issued to address a possible fuel leakage in 
the gear compartment in front of the engine and mandated inspections 
and replacement of fuel plastic-made connectors by connectors made 
of metal. Since its publication, another fuel leakage has been 
reported on a S10-VT which had implemented the STEMME Service 
Bulletin (SB) A31-10-082 as required by AD 2007-0315-E.
    It has been determined that the fuel leak may have been caused 
by the deformation that the originally installed clamps created on 
the fuel hoses and thus preventing the new clamps from being 
sufficiently pinched to perform a correct tightening.
    The present Airworthiness Directive (AD) supersedes AD 2007-
0315-E and requires you to check the fuel system according to the 
STEMME SB A31-10-083 as well as to replace single-ear clamps and 
plastic connectors.
    The actions specified by this AD are intended to reduce the 
potential for a fire to ignite and which could lead to loss of 
control of the sailplane.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) For all sailplanes affected by this AD, except for serial 
numbers 11-036, 11-067, 11-068, and 11-090: Before further flight 
after March 21, 2008 (the compliance date retained from AD 2008-03-
06, which was superseded by AD 2008-11-20), replace all plastic T- 
and Y-connectors in the fuel system with metal connectors. Do the 
replacements following STEMME F & D Service Bulletin A31-10-082, 
AM.-Index: 01.a, dated November 30, 2007, or STEMME F & D Service 
Bulletin A31-10-083, Am-Index: 01.b, dated May 6, 2009.

    Note 1: Serial numbers 11-036, 11-067, 11-068, and 11-090 had 
the plastic T- and Y-connectors in the fuel system replaced with 
metal connectors by the manufacturer.

    (2) For all sailplanes affected by this AD: Before further 
flight after June 23, 2008 (the compliance date retained from AD 
2008-11-20), inspect the fuel system for possible leakage. Do the 
inspection following STEMME F & D Service Bulletin A31-10-083, Am-
Index: 01.a, dated February 26, 2008, or STEMME F & D Service 
Bulletin A31-10-083, Am-Index: 01.b, dated May 6, 2009.
    (3) For all sailplanes affected by this AD: If any leak is found 
during the inspection required in paragraph (f)(2) of this AD, 
before further flight, repair the leak following an FAA-approved 
procedure and replace all STEMME part number (P/N) M476 single-ear 
clamps in the fuel system with P/N 10M-181 single-ear clamps. 
Contact the manufacturer at the address specified in paragraph 
(i)(4) of this AD to obtain an FAA-approved repair procedure. Do the 
replacements following

[[Page 30282]]

STEMME F & D Service Bulletin A31-10-083, Am-Index: 01.a, dated 
February 26, 2008, or STEMME F & D Service Bulletin A31-10-083, Am-
Index: 01.b, dated May 6, 2009.
    (4) For sailplanes that had P/Ns M476 replaced with P/Ns 10M-181 
in compliance with AD 2008-11-20: Before further flight after July 
6, 2010 (the effective date of this AD), do a leak test as specified 
in STEMME F & D Service Bulletin A31-10-083, Am-Index: 01.a, dated 
February 26, 2008, or STEMME F & D Service Bulletin A31-10-083, Am-
Index: 01.b, dated May 6, 2009.
    (5) For sailplanes that had P/Ns M476 replaced with P/Ns 10M-181 
in compliance with AD 2008-11-20: If a leak is found during the leak 
test required in paragraph (f)(4) of this AD, before further flight, 
repair the leak following an FAA-approved procedure. Contact the 
manufacturer at the address specified in paragraph (i)(4) of this AD 
to obtain an FAA-approved repair procedure.
    (6) For all sailplanes affected by this AD: If no leak is found 
during the inspection required in paragraph (f)(2) of this AD, 
within the next 12 months after July 6, 2010 (the effective date of 
this AD), replace all P/Ns M476 in the fuel system with P/Ns 10M-
181. Do the replacements following STEMME F & D Service Bulletin 
A31-10-083, Am-Index: 01.a, dated February 26, 2008, or STEMME F & D 
Service Bulletin A31-10-083, Am-Index: 01.b, dated May 6, 2009.
    (7) For all sailplanes affected by this AD: Before further 
flight after doing the replacement required in paragraph (f)(6) of 
this AD, do a leak test as specified in STEMME F & D Service 
Bulletin A31-10-083, Am-Index: 01.a, dated February 26, 2008, or 
STEMME F & D Service Bulletin A31-10-083, Am-Index: 01.b, dated May 
6, 2009.
    (8) For all sailplanes affected by this AD: If a leak is found 
during the leak test required in paragraph (f)(7) of this AD, before 
further flight, repair the leak following an FAA-approved procedure. 
Contact the manufacturer at the address specified in paragraph 
(i)(4) of this AD to obtain an FAA-approved repair procedure.
    (9) For all sailplanes affected by this AD: After June 23, 2008 
(the compliance date retained from AD 2008-11-20), do not install 
plastic ``T'' and ``Y'' shape connectors and P/N M476 single-ear 
clamps in the fuel system.

FAA AD Differences

    Note 2: 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, Aerospace Engineer, 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) 
Emergency AD No. 2008-0053-E, dated March 5, 2008; STEMME F & D 
Service Bulletin A31-10-082, AM.-Index: 01.a, dated November 30, 
2007; STEMME F & D Service Bulletin A31-10-083, Am-Index: 01.a, 
dated February 26, 2008; and STEMME F & D Service Bulletin A31-10-
083, Am-Index: 01.b, dated May 6, 2009, for related information.

Material Incorporated by Reference

    (i) You must use STEMME F & D Service Bulletin A31-10-082, AM.-
Index: 01.a, dated November 30, 2007; STEMME F & D Service Bulletin 
A31-10-083, Am-Index: 01.a, dated February 26, 2008; and STEMME F & 
D Service Bulletin A31-10-083, Am-Index: 01.b, dated May 6, 2009, 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 STEMME F & D Service Bulletin A31-10-
083, Am-Index: 01.b, dated May 6, 2009, under 5 U.S.C. 552(a) and 1 
CFR part 51.
    (2) On June 23, 2008 (73 FR 31355, June 2, 2008), the Director 
of the Federal Register previously approved the incorporation by 
reference of STEMME F & D Service Bulletin A31-10-083, Am-Index: 
01.a, dated February 26, 2008, listed in this AD.
    (3) On February 20, 2008 (73 FR 5733, January 31, 2008), the 
Director of the Federal Register previously approved the 
incorporation by reference of STEMME F & D Service Bulletin A31-10-
082, AM.-Index: 01.a, dated November 30, 2007, listed in this AD.
    (4) For service information identified in this AD, contact 
STEMME GmbH & Co. KG, Flugplatzstra[szlig]e F 2, Nr. 7, 15344 
Strausberg, Federal Republic of Germany; Internet: <a href="http://www.stemme.de/man/">http://www.stemme.de/man/</a>.
    (5) You may review copies of the service information 
incorporated by reference for this AD at the FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the 
Central Region, call (816) 329-3768.
    (6) You may also review copies of the service information 
incorporated by reference for this AD 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: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Kansas City, Missouri, on May 18, 2010.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-12443 Filed 5-28-10; 8:45 am]
BILLING CODE 4910-13-P