Airworthiness Directives; Stemme GmbH & Co. KG Model S10-VT Powered Sailplanes, 30280-30282 [2010-12443]
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30280
Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Rules and Regulations
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
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.
Airworthiness Directives; Stemme
GmbH & Co. KG Model S10–VT
Powered Sailplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
SUPPLEMENTARY INFORMATION:
Discussion
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:
SUMMARY:
srobinson on DSKHWCL6B1PROD with RULES
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.
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.
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16:55 May 28, 2010
Jkt 220001
You may examine the AD
docket on the Internet at https://
www.regulations.gov 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.
ADDRESSES:
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.
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Fmt 4700
Sfmt 4700
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, AmIndex: 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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Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Rules and Regulations
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 workhours 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.
srobinson on DSKHWCL6B1PROD with RULES
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:
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16:55 May 28, 2010
Jkt 220001
(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 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 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
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 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:
■
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.
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30281
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, or STEMME
F & D Service Bulletin A31–10–083, AmIndex: 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
E:\FR\FM\01JNR1.SGM
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30282
Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Rules and Regulations
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, AmIndex: 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, AmIndex: 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 FAAapproved procedure. Contact the
manufacturer at the address specified in
paragraph (i)(4) of this AD to obtain an FAAapproved 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
srobinson on DSKHWCL6B1PROD with RULES
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
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16:55 May 28, 2010
Jkt 220001
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+e F 2, Nr. 7, 15344 Strausberg,
Federal Republic of Germany; Internet:
https://www.stemme.de/man/.
(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
PO 00000
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Fmt 4700
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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: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
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
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2010–0261; Directorate
Identifier 2010–CE–008–AD; Amendment
39–16312; AD 2010–11–07]
RIN 2120–AA64
Airworthiness Directives; Quartz
Mountain Aerospace, Inc. Model 11E
Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
SUMMARY: We are adopting a new
airworthiness directive (AD) for all
Quartz Mountain Aerospace, Inc. Model
11E airplanes. This AD requires you to
clean and lubricate the aileron pushrod
bearings. This AD results from reports of
the aileron control stick force increasing
and of the controls being very noisy. We
are issuing this AD to detect and correct
insufficient lubrication and residual
metallic paint particles in the pushrod
end ball joints, which could result in
difficulty actuating aileron controls
sometime during flight after takeoff.
This condition could lead to difficulty
controlling the airplane in flight.
DATES: This AD becomes effective on
July 6, 2010.
On July 6, 2010, the Director of the
Federal Register approved the
incorporation by reference of certain
publications listed in this AD.
ADDRESSES: Quartz Mountain
Aerospace, Inc. is in liquidation. For
service/or continued airworthiness
information identified in this AD,
contact Manager, Fort Worth Aircraft
Certification Office, FAA, ATTN: Garry
D. Sills, Aerospace Engineer, Rotorcraft
Directorate—Airplane Certification
Office, ASW–150, 2601 Meacham Blvd,
Fort Worth, Texas 76193; telephone:
(817) 222–5154; facsimile: (817) 222–
5960.
E:\FR\FM\01JNR1.SGM
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Agencies
[Federal Register Volume 75, Number 104 (Tuesday, June 1, 2010)]
[Rules and Regulations]
[Pages 30280-30282]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-12443]
[[Page 30280]]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://www.regulations.gov 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.
[[Page 30281]]
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 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 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: https://www.stemme.de/man/.
(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: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
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