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[Federal Register Volume 77, Number 232 (Monday, December 3, 2012)]
[Rules and Regulations]
[Pages 71487-71489]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28819]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0982; Directorate Identifier 2012-CE-035-AD; 
Amendment 39-17272; AD 2012-24-02]
RIN 2120-AA64

Airworthiness Directives; Stemme GmbH & Co. KG Powered Sailplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Stemme GmbH & Co. KG Models S10, S10-V, and S10-VT powered sailplanes. 
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 unapproved rubber hoses installed in 
the engine fuel, oil, and cooling systems, which could lead to a system 
leak and result in an engine fire. We are issuing this AD to require 
actions to address the unsafe condition on these products.

DATES: This AD is effective January 7, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of January 7, 
2013.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document 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 service information identified in this AD, contact STEMME AG, 
Flugplatzstrasse F2, Nr. 7 15344 Strausberg, Germany; telephone: +49 
(0) 3341 3612-0, fax: +49 (0) 3341 3612-30; Internet: http://www.stemme.de/daten/e/index.html. You may review copies of the 
referenced service information at the FAA, Small Airplane Directorate, 
901 Locust, Kansas City, Missouri 64106. For information on the 
availability of this material at the FAA, call (816) 329-4148.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090; email: 
jim.rutherford@faa.gov.

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 September 18, 2012 
(77 FR 57531). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states:

    An occurrence has been reported of an engine fire during ground 
run of a S10-VT powered sailplane. The investigation results 
indicated that an unapproved fuel hose was installed in the engine 
fuel system of that aeroplane. Subsequent survey of some N-
registered S 10 aeroplanes revealed more cases of installation of 
unapproved fuel, oil and cooling hoses on sailplanes engine systems.
    This condition, if not detected and corrected, could lead to a 
system leak with subsequent engine fire, possibly resulting in 
damage to the sailplane and/or injury of occupants.
    Prompted by these findings, Stemme GmbH developed a procedure 
for identification of these hoses, to have them removed from 
service.
    For the reasons described above, this AD requires a one-time 
review of the sailplane's maintenance records to determine whether a 
serviceable engine hose kit for fuel, oil and cooling systems has 
been installed and, depending on findings, replacement of the 
affected hoses with serviceable parts.

    You may obtain further information by examining the MCAI in the AD 
docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (77 FR 57531, September 
18, 2012) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting the AD as proposed except for 
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 57531, September 18, 2012) for correcting the unsafe 
condition; and

[[Page 71488]]

     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 57531, September 18, 2012).

Costs of Compliance

    We estimate that this AD will affect 63 products of U.S. registry. 
We also estimate that it will take about .5 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour.
    Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $2,677.50, or $42.50 per product.
    In addition, we estimate that any necessary follow-on actions will 
take about 8 work-hours and require parts costing $1,957, for a cost of 
$2,637 per product for Models S10 and S10-V. We also estimate that any 
necessary follow-on actions will take about 16 work-hours and require 
parts costing $1,311, for a cost of $2,671 per product for Model S10-
VT. We have no way of determining the number of products that may need 
these actions.

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 the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://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

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 adding the following new AD:

2012-24-02 Stemme GmbH & Co. KG: Amendment 39-17272; Docket No. FAA-
2012-0982; Directorate Identifier 2012-CE-035-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective January 7, 
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Stemme GmbH & Co. KG Models S10, S10-V, and 
S10-VT powered sailplanes, all serial numbers, certificated in any 
category.

(d) Subject

    Air Transport Association of America (ATA) Code 71: Powerplant.

(e) Reason

    This AD was prompted by 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 unapproved 
rubber hoses installed in the engine fuel, oil, and cooling systems. 
We are issuing this AD to prevent a system leak, which could lead to 
an engine fire.

(f) Actions and Compliance

    Unless already done, do the following actions:
    (1) If, on January 7, 2013 (the effective date of this AD), the 
date of manufacture of the sailplane is less than five years old, 
before further flight after January 7, 2013 (the effective date of 
this AD), review the sailplane's maintenance records/logbook for 
evidence as to whether the engine fuel, oil, and cooling systems 
rubber hoses have been replaced since new. Based on this review, if:
    (i) There is no maintenance records/logbook evidence, i.e. 
logbook entry, that the engine fuel, oil, and cooling systems rubber 
hoses have been replaced since new, before further flight, make a 
logbook entry showing compliance with this AD.
    (ii) There is maintenance records/logbook evidence, i.e. logbook 
entry, that the engine fuel, oil, and/or cooling systems rubber 
hoses have been replaced since new, before further flight, review 
the sailplane's maintenance records/logbook for current 
documentation of hose conformity through a Declaration of Conformity 
(DoC) or a European Aviation Safety Agency (EASA) Form 1.
    (A) If you can find current documentation of a DoC or an EASA 
Form 1, before further flight, make a logbook entry showing 
compliance with this AD.
    (B) If you cannot find current documentation of a DoC or an EASA 
Form 1, before further flight, replace the affected hose(s) with 
FAA-approved serviceable hoses following Stemme F & D Installation 
Instruction A34-10-093-01, dated August 13, 2012; or Stemme F & D 
Installation Instruction A34-10-093-02, dated August 13, 2012, as 
applicable.
    (2) If, on January 7, 2013 (the effective date of this AD), the 
date of manufacture of the sailplane is five years old or older, 
before further flight after January 7, 2013 (the effective date of 
this AD), review the sailplane's maintenance records/logbook for 
evidence of the date the engine fuel, oil, and cooling systems 
rubber hoses were last replaced and for documentation of hose 
conformity through a DoC or a EASA Form 1. Based on this review, if:
    (i) There is maintenance records/logbook evidence, i.e. logbook 
entry, that the installed engine fuel, oil, and cooling systems 
rubber hoses are less than five years old and there is current 
documentation of hose conformity with a DoC or an EASA Form 1, 
before further flight, make a logbook entry showing compliance with 
this AD.
    (ii) There is maintenance records/logbook evidence, i.e. logbook 
entry, that the installed engine fuel, oil, and cooling systems 
rubber hoses are less than five years old, but there is no current 
documentation of hose conformity with a DoC or an EASA Form 1, 
before further flight, replace the affected hoses with FAA-approved 
serviceable hoses

[[Page 71489]]

following Stemme F & D Installation Instruction A34-10-093-01, dated 
August 13, 2012; or Stemme F & D Installation Instruction A34-10-
093-02, dated August 13, 2012, as applicable.
    (iii) There is maintenance records/logbook evidence, i.e. 
logbook entry, that the installed engine fuel, oil, and cooling 
systems rubber hoses are five years old or more than five years old, 
before further flight, replace the hoses with FAA-approved 
serviceable hoses following Stemme F & D Installation Instruction 
A34-10-093-01, dated August 13, 2012; or Stemme F & D Installation 
Instruction A34-10-093-02, dated August 13, 2012, as applicable.
    (3) As of January 7, 2013 (the effective date of this AD), only 
install FAA-approved serviceable engine fuel, oil, and cooling 
systems rubber hoses following Stemme F & D Installation Instruction 
A34-10-093-01, dated August 13, 2012; or Stemme F & D Installation 
Instruction A34-10-093-02, dated August 13, 2012, as applicable, and 
that have a current documentation of hose conformity, i.e., DoC or 
EASA Form 1.

(g) Other FAA AD Provisions

    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: Jim Rutherford, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4165; fax: (816) 329-4090; email: 
jim.rutherford@faa.gov. Before using any approved AMOC on any 
sailplane 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, a federal agency may not conduct or sponsor, and a person 
is not required to respond to, nor shall a person be subject to a 
penalty for failure to comply with a collection of information 
subject to the requirements of the Paperwork Reduction Act unless 
that collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the burden should be directed to 
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: 
Information Collection Clearance Officer, AES-200.

 (h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No. 
2012-0154, dated August 17, 2012; Stemme F & D Installation 
Instruction A34-10-093-01, dated August 13, 2012; and Stemme F & D 
Installation Instruction A34-10-093-02, dated August 13, 2012, for 
related information.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Stemme F & D Installation Instruction A34-10-093-01, dated 
August 13, 2012.
    (ii) Stemme F & D Installation Instruction A34-10-093-02, dated 
August 13, 2012.
    (3) For Stemme GmbH & Co. KG service information identified in 
this AD, contact STEMME AG, Flugplatzstrasse F2, Nr. 7 15344 
Strausberg, Germany; telephone: +49 (0) 3341 3612-0, fax: +49 (0) 
3341 3612-30; Internet: http://www.stemme.de/daten/e/index.html.
    (4) You may view this service information at FAA, FAA, Small 
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For 
information on the availability of this material at the FAA, call 
(816) 329-4148.
    (5) You may view this service information that is incorporated 
by reference 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: http://www.archives.gov/federal-register/cfr/index.html.

    Issued in Kansas City, Missouri, on November 20, 2012.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-28819 Filed 11-30-12; 8:45 am]
BILLING CODE 4910-13-P
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