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CFR Citation: 14 CFR Part 39

Docket ID: [Docket No. FAA-2008-0685; Directorate Identifier 2008-CE-039-AD]

RIN ID: RIN 2120-AA64

NOTICE: PROPOSED RULES

ACTION: Airworthiness Directives:

DOCUMENT ACTION: Notice of proposed rulemaking (NPRM).

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

DATES: We must receive comments on this proposed AD by August 4, 2008.

DOCUMENT 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 20070315E 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 S10VT which had implemented the STEMME Service Bulletin (SB) A3110082 as required by AD 20070315E.

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.

SUMMARY: Stemme GmbH & Co. KG Model S10-VT Powered Sailplanes,

SUPPLEMENTAL INFORMATION

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. FAA20080685; Directorate Identifier 2008CE039AD'' 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 http:// 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 20081120, Amendment 3915543 (73 FR 31355; June 2, 2008). That AD required actions intended to address an unsafe condition on the products listed above.

AD 20081120 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. 20080053E, 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 singleear clamps in the fuel system with P/N 10M181 singleear 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 longterm 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 shortterm action and the longterm 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 10M181.

Relevant Service Information

STEMME F & D has issued Service Bulletin A3110083, AmIndex: 01.a, dated February 26, 2008. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI.
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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 workhours per product to comply with the basic requirements of this proposed AD. The average labor rate is $80 per workhour.

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 39AIRWORTHINESS 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 3915543 (73 FR 31355; June 2, 2008), and adding the following new AD:
Stemme GmbH & Co. KG: Docket No. FAA20080685; Directorate
Identifier 2008CE039AD.
Comments Due Date
(a) We must receive comments by August 4, 2008.
Affected ADs
(b) This AD supersedes AD 20081120, Amendment 3915543.
Applicability
(c) This AD applies to Model S10VT powered sailplanes, serial numbers 11001 through 11112, 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 20070315E 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 S10VT which had implemented the STEMME Service Bulletin (SB) A3110082 as required by AD 20070315E.

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 0315E and requires you to check the fuel system according to the STEMME SB A3110083 as well as to replace singleear 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 11036, 11067, 11068, and 11090: Before further flight after March 21, 2008 (the compliance date retained from AD 200803 06, which was superseded by AD 20081120), replace all plastic T and Yconnectors in the fuel system with metal connectors. Do the replacements following STEMME F & D Service Bulletin A3110082, AM.Index: 01.a, dated November 30, 2007.

Note: Serial numbers 11036, 11067, 11068, and 11090 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 20081120), inspect the fuel system for possible leakage. Do the inspection following STEMME F & D Service Bulletin A3110083, 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 FAAapproved procedure (the appropriate maintenance manual contains these procedures) and replace all STEMME part number (P/N) M476 singleear clamps in the fuel system with P/N 10M181 singleear clamps. Do the replacements following STEMME F & D Service Bulletin A3110
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083, AmIndex: 01.a, dated February 26, 2008.
(4) For sailplanes that had P/Ns M476 replaced with P/Ns 10M181 in compliance with AD 20081120: Before further flight after the effective date of this AD, do a leak test as specified in STEMME F & D Service Bulletin A3110083, AmIndex: 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 FAAapproved 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 10M181. Do the replacements following STEMME F & D Service Bulletin A3110083, 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 A3110083, AmIndex: 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 FAAapproved 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 20081120), do not install plastic ``T'' and ``Y'' shape connectors and P/N M476 singleear 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) 3294130; fax: (816) 329409. 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 FAAapproved. Corrective actions are considered FAAapproved 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 21200056.
Related Information
(h) Refer to MCAI European Aviation Safety Agency (EASA) Emergency AD No. 20080053E, dated March 5, 2008; STEMME F & D Service Bulletin A3110082, AM.Index: 01.a, dated November 30, 2007; and STEMME F & D Service Bulletin A3110083, AmIndex: 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. E815177 Filed 7208; 8:45 am]
BILLING CODE 491013P

FOR FURTHER INFORMATION CONTACT Greg Davison, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 3294130; fax: (816) 3294090.