```

[Federal Register Volume 77, Number 181 (Tuesday, September 18, 2012)]
[Proposed Rules]
[Pages 57531-57533]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22941]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0982; Directorate Identifier 2012-CE-035-AD]
RIN 2120-AA64

Airworthiness Directives; Stemme GmbH & Co. KG 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 all 
Stemme GmbH & Co. KG Models S10, S10-V, and S10-VT powered sailplanes. 
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 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 proposed AD to require actions to address the unsafe 
condition on these products.

DATES: We must receive comments on this proposed AD by November 2, 
2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://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.
    For service information identified in this proposed AD, contact 
STEMME AG,

[[Page 57532]]

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.

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 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: 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:

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-2012-0982; 
Directorate Identifier 2012-CE-035-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 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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued AD 
No. 2012-0154, dated August 17, 2012 (referred to after this as ``the 
MCAI''), 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.

Relevant Service Information

    Stemme F & D has issued Installation Instruction A34-10-093-01, 
dated August 13, 2012; and Installation Instruction A34-10-093-02, 
dated August 13, 2012. The actions described in this service 
information are intended to correct the unsafe condition identified in 
the MCAI.

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.

Costs of Compliance

    We estimate that this proposed AD will affect 63 products of U.S. 
registry. We also estimate that it would take about .5 work-hour per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the proposed 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 would 
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 would 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 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),
    (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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

[[Page 57533]]

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 adding the following new AD:

Stemme GmbH & Co. KG: Docket No. FAA-2012-0982; Directorate 
Identifier 2012-CE-035-AD.

(a) Comments Due Date

    We must receive comments by November 2, 2012.

(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 proposed 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 the effective date of this AD, the date of 
manufacture of the sailplane is less than five years old, before 
further flight after 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 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 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 the effective date of this AD, the date of 
manufacture of the sailplane is five years old or older, before 
further flight after 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 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 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 
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 logbook evidence, i.e. logbook entry, that the 
installed engine fuel, oil, and cooling systems rubber hoses are 
over five years, 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 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 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. For service 
information related to 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.

    Issued in Kansas City, Missouri, on September 11, 2012.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2012-22941 Filed 9-17-12; 8:45 am]
BILLING CODE 4910-13-P
```