Airworthiness Directives; Stemme GmbH & Co. KG Model S10-VT Powered Sailplanes, 38160-38162 [E8-15177]
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Federal Register / Vol. 73, No. 129 / Thursday, July 3, 2008 / Proposed Rules
of the transcript of the public meeting
once it is available, or comments
received, go to the U.S. Department of
Energy, Resource Room of the Building
Technologies Program, Sixth Floor, 950
L’Enfant Plaza, SW., Washington, DC
20024, (202) 586–2945, between 9 a.m.
and 4 p.m., Monday through Friday,
except Federal holidays. Please call Ms.
Brenda Edwards first at the above
telephone number for additional
information regarding visiting the
Resource Room.
FOR FURTHER INFORMATION CONTACT: Mr.
Wes Anderson, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies, EE–2J, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–7335.
E-mail: Wes.Anderson@ee.doe.gov.
Mr. Eric Stas or Mr. Michael Kido,
U.S. Department of Energy, Office of the
General Counsel, GC–72, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–9507. E-mail:
Eric.Stas@hq.doe.gov or
Michael.Kido@hq.doe.gov.
Issued in Washington, DC, on June 23,
2008.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
[FR Doc. E8–15142 Filed 7–2–08; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–0685; Directorate
Identifier 2008–CE–039–AD]
RIN 2120–AA64
Airworthiness Directives; Stemme
GmbH & Co. KG Model S10–VT
Powered Sailplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
jlentini on PROD1PC65 with PROPOSALS
AGENCY:
SUMMARY: We propose to adopt a new
airworthiness directive (AD) for the
products listed above that would
supersede an existing AD. This
proposed AD results from mandatory
continuing airworthiness information
(MCAI) originated by an aviation
authority of another country to identify
and correct an unsafe condition on an
VerDate Aug<31>2005
16:19 Jul 02, 2008
Jkt 214001
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 plasticmade 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 proposed AD would require actions
that are intended to address the unsafe
condition described in the MCAI.
DATES: We must receive comments on
this proposed AD by August 4, 2008.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://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 https://
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 proposed 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, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106;
telephone: (816) 329–4130; fax: (816)
329–4090.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
PO 00000
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Fmt 4702
Sfmt 4702
to an address listed under the
section. Include ‘‘Docket No.
FAA–2008–0685; Directorate Identifier
2008–CE–039–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD because of those
comments.
We will post all comments we
receive, without change, to https://
regulations.gov, including any personal
information you provide. We will also
post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
ADDRESSES
Discussion
On May 23, 2008, we issued AD
2008–11–20, Amendment 39–15543 (73
FR 31355; June 2, 2008). That AD
required actions intended to address an
unsafe condition on the products listed
above.
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, has 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.
Relevant Service Information
STEMME F & D has issued Service
Bulletin A31–10–083, Am-Index: 01.a,
dated February 26, 2008. The actions
described in this service information are
intended to correct the unsafe condition
identified in the MCAI.
E:\FR\FM\03JYP1.SGM
03JYP1
Federal Register / Vol. 73, No. 129 / Thursday, July 3, 2008 / Proposed Rules
FAA’s Determination and Requirements
of the Proposed 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 proposing this
AD because we evaluated all
information and determined the unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
Differences Between This Proposed 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 proposed
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
proposed AD.
jlentini on PROD1PC65 with PROPOSALS
Costs of Compliance
Based on the service information, we
estimate that this proposed AD will
affect 46 products of U.S. registry. We
also estimate that it would take about 3
work-hours per product to comply with
the basic requirements of this proposed
AD. The average labor rate is $80 per
work-hour.
Based on these figures, we estimate
the cost of the proposed 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
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16:19 Jul 02, 2008
Jkt 214001
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 proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would 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 proposed regulation:
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 regulatory evaluation
of the estimated costs to comply with
this proposed AD and placed it in the
AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing Amendment 39–15543 (73 FR
31355; June 2, 2008), and adding the
following new AD:
Stemme GmbH & Co. KG: Docket No. FAA–
2008–0685; Directorate Identifier 2008–
CE–039–AD.
Comments Due Date
(a) We must receive comments by August
4, 2008.
Affected ADs
(b) This AD supersedes AD 2008–11–20,
Amendment 39–15543.
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38161
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 plasticmade 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.
Note: Serial numbers 11–036, 11–067, 11–
068, and 11–090 had the plastic T- and Yconnectors 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.
(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 (the appropriate
maintenance manual contains these
procedures) and replace all STEMME part
number (P/N) M476 single-ear clamps in the
fuel system with P/N 10M–181 single-ear
clamps. Do the replacements following
STEMME F & D Service Bulletin A31–10–
E:\FR\FM\03JYP1.SGM
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Federal Register / Vol. 73, No. 129 / Thursday, July 3, 2008 / Proposed Rules
083, Am-Index: 01.a, dated February 26,
2008.
(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 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.
(5) 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. The appropriate
maintenance manual contains these
procedures.
(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 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.
(7) 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.
(8) 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. The appropriate
maintenance manual contains these
procedures.
(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
jlentini on PROD1PC65 with PROPOSALS
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, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106;
telephone: (816) 329–4130; fax: (816) 329–
409. 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
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16:19 Jul 02, 2008
Jkt 214001
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; and STEMME F & D Service Bulletin
A31–10–083, Am-Index: 01.a, dated February
26, 2008, for related information.
Issued in Kansas City, Missouri, on June
27, 2008.
John Colomy,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–15177 Filed 7–2–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
SUPPLEMENTARY INFORMATION:
Internal Revenue Service
26 CFR Part 1
[REG–138355–07]
RIN 1545–BG98
Modifications to Subpart F Treatment
of Aircraft and Vessel Leasing Income
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking
by cross-reference to temporary
regulations and notice of proposed
rulemaking.
AGENCY:
SUMMARY: In the Rules and Regulations
section of this issue of the Federal
Register, the IRS is issuing temporary
regulations relating to the subpart F
treatment of aircraft and vessel leasing
income under sections 954 and 956 of
the Internal Revenue Code (Code) and
the transfer of tangible property
incorporated in aircraft and vessels that
are used predominantly outside the
United States under section 367 of the
Code. The regulations reflect statutory
changes made by section 415 of the
American Jobs Creation Act of 2004
(AJCA). In general, the regulations will
affect United States shareholders of
controlled foreign corporations that
derive income from the leasing of
aircraft or vessels in foreign commerce
and that transfer property subject to
these leases to a foreign corporation.
The text of those temporary regulations
also serves as the text of these proposed
regulations.
DATES: Written or electronic comments
and requests for a public hearing must
be received by October 1, 2008.
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
Send submissions to:
CC:PA:LPD:PR (REG–138355–07),
Internal Revenue Service, PO Box 7604,
Ben Franklin Station, Washington, DC
20044. Submissions may be hand
delivered between the hours of 8 a.m.
and 4 p.m. to CC:PA:LPD:PR (REG–
138355–07), Courier’s Desk, Internal
Revenue Service, 1111 Constitution
Avenue, NW., Washington, DC., or sent
electronically, via the Federal
eRulemaking Portal at https://
www.regulations.gov (IRS–REG–
138355–07).
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations
under section 367, John H. Seibert, at
(202) 622–3860; concerning the
proposed regulations under section 954
or 956, Paul J. Carlino at (202) 622–
3840; concerning submissions of
comments or a public hearing, Richard
Hurst, at (202) 622–7180 (not toll-free
numbers).
ADDRESSES:
Background and Explanation of
Provisions
Temporary regulations in this issue of
the Federal Register provide guidance
under section 367 of the Code, relating
to the nonrecognition of gain on certain
property transferred to a foreign
corporation if the property is used by
the foreign corporation in the active
conduct of a trade or business outside
of the United States. The regulations
also provide guidance under section 954
relating to the determination of whether
rents derived from leasing an aircraft or
vessel in foreign commerce will be
treated as derived in the active conduct
of a trade or business under section
954(c)(2)(A), and section 956, relating to
whether an aircraft or vessel used in the
transportation of persons or property in
foreign commerce is excluded from U.S.
property. The text of the temporary
regulations also serves as the text of
these proposed regulations. The
preamble to the temporary regulations
explains the temporary regulations and
these proposed regulations.
Special Analyses
It has been determined that this notice
of proposed rulemaking is not a
significant regulatory action as defined
in Executive Order 12866. Therefore, a
regulatory assessment is not required. It
has also been determined that section
553(b) of the Administrative Procedure
Act (5 U.S.C. chapter 5) does not apply
to these regulations, and because the
proposed regulation does not impose a
collection of information on small
entities, the Regulatory Flexibility Act
(5 U.S.C. Ch. 6) does not apply.
E:\FR\FM\03JYP1.SGM
03JYP1
]]>Agencies
[Federal Register Volume 73, Number 129 (Thursday, July 3, 2008)]
[Proposed Rules]
[Pages 38160-38162]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15177]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0685; Directorate Identifier 2008-CE-039-AD]
RIN 2120-AA64
Airworthiness Directives; Stemme GmbH & Co. KG Model S10-VT
Powered Sailplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above that would supersede an existing AD. This
proposed AD results from mandatory continuing airworthiness information
(MCAI) originated 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.
The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by August 4, 2008.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://
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 https://
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 proposed 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, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4130; fax: (816) 329-4090.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0685;
Directorate Identifier 2008-CE-039-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to https://
regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
On May 23, 2008, we issued AD 2008-11-20, Amendment 39-15543 (73 FR
31355; June 2, 2008). That AD required actions intended to address an
unsafe condition on the products listed above.
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, has 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.
Relevant Service Information
STEMME F & D has issued Service Bulletin A31-10-083, Am-Index:
01.a, dated February 26, 2008. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.
[[Page 38161]]
FAA's Determination and Requirements of the Proposed 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 proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.
Differences Between This Proposed 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 proposed 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 proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
will affect 46 products of U.S. registry. We also estimate that it
would take about 3 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour.
Based on these figures, we estimate the cost of the proposed 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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 proposed
regulation:
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 regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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. The FAA amends Sec. 39.13 by removing Amendment 39-15543 (73 FR
31355; June 2, 2008), and adding the following new AD:
Stemme GmbH & Co. KG: Docket No. FAA-2008-0685; Directorate
Identifier 2008-CE-039-AD.
Comments Due Date
(a) We must receive comments by August 4, 2008.
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.
Note: 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.
(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 (the appropriate maintenance manual contains these
procedures) and replace all STEMME part number (P/N) M476 single-ear
clamps in the fuel system with P/N 10M-181 single-ear clamps. Do the
replacements following STEMME F & D Service Bulletin A31-10-
[[Page 38162]]
083, Am-Index: 01.a, dated February 26, 2008.
(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 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.
(5) 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. The appropriate maintenance
manual contains these procedures.
(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 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.
(7) 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.
(8) 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. The appropriate maintenance
manual contains these procedures.
(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: 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) 329-409. 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; and STEMME F & D Service Bulletin A31-10-083, Am-Index: 01.a,
dated February 26, 2008, for related information.
Issued in Kansas City, Missouri, on June 27, 2008.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-15177 Filed 7-2-08; 8:45 am]
BILLING CODE 4910-13-P
