39484 Federal Register / Vol. 63, No. 141 /Thursday, July 23, 1998 /Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–128–AD; Amendment

39–10674; AD 98–15–24]

RIN 2120–AA64

Airworthiness Directives; Stemme

GmbH & Co. KG Model S10–V

Sailplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to certain Stemme GmbH & Co.

KG (Stemme) Model S10–V sailplanes.

This AD requires replacing the propeller

blade suspension forks with parts of

improved design. This AD is the result

of mandatory continuing airworthiness

information (MCAI) issued by the

airworthiness authority for Germany.

The actions specified by this AD are

intended to prevent propeller

suspension fork failure caused by design

deficiency, which could result in loss of

a propeller blade and loss of sailplane

controllability.

DATES: Effective September 15, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of September

15, 1998.

ADDRESSES: Service information that

applies to this AD may be obtained from

Stemme GmbH & Co. KG, Gustav-MeyerAllee 25, D–13355 Berlin, Federal

Republic of Germany. This information

may also be examined at the Federal

Aviation Administration (FAA), Central

Region, Office of the Regional Counsel,

Attention: Rules Docket No. 97–CE–

128–AD, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr.

Mike Kiesov, Aerospace Engineer, Small

Airplane Directorate, Aircraft

Certification Service, FAA, 1201

Walnut, suite 900, Kansas City, Missouri

64106; telephone: (816) 426–6934;

facsimile: (816) 426–2169.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This

AD

A proposal to amend part 39 of the

Federal Aviation Regulations (14 CFR

part 39) to include an AD that would

apply to on certain Stemme Model S10–

V sailplanes was published in the

Federal Register as a notice of proposed

rulemaking (NPRM) on May 11, 1998

(63 FR 25787). The NPRM proposed to

require replacing the propeller blade

suspension fork, distance ring, and nut

with parts of improved design.

Accomplishment of the proposed action

as specified in the NPRM would be in

accordance with pages 3 and 4 of

Stemme GmbH & Co. KG Service

Bulletin No. A31–10–020, Am-index:

02.a, dated October 7, 1996.

The NPRM was the result of

mandatory continuing airworthiness

information (MCAI) issued by the

airworthiness authority for Germany.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were received on the

proposed rule or the FAA’s

determination of the cost to the public.

The FAA’s Determination

After careful review of all available

information related to the subject

presented above, the FAA has

determined that air safety and the

public interest require the adoption of

the rule as proposed except for minor

editorial corrections. The FAA has

determined that these minor corrections

will not change the meaning of the AD

and will not add any additional burden

upon the public than was already

proposed.

Cost Impact

The FAA estimates that 7 sailplanes

in the U.S. registry will be affected by

this AD, that it will take approximately

6 workhours per sailplane to

accomplish this action, and that the

average labor rate is approximately $60

an hour. Parts cost approximately $930

per sailplane. Based on these figures,

the total cost impact of this AD on U.S.

operators is estimated to be $9,030, or

$1,290 per sailplane.

Regulatory Impact

The regulations adopted herein will

not have substantial direct effects 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. Therefore, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

For the reasons discussed above, I

certify that this action (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. A copy of the final

evaluation prepared for this action is

contained in the Rules Docket. A copy

of it may be obtained by contacting the

Rules Docket at the location provided

under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (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. Section 39.13 is amended by

adding a new airworthiness directive

(AD) to read as follows:

98–15–24 STEMME GMBH & CO. KG:

Amendment 39–10674; Docket No. 97–

CE–128–AD.

Applicability: Model S10–V sailplanes

(serial numbers (S/N) 14–002 through 14–

026, and converted sailplanes S/N 14–003M

through 14–063M), certificated in any

category.

Note 1: This AD applies to each sailplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

sailplanes that have been modified, altered,

or repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (c) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required upon the

accumulation of 100 hours total time-inservice (TIS) on the sailplane propeller or

within the next 10 hours TIS after the

effective date of this AD, whichever occurs

later, unless already accomplished.

To prevent propeller suspension fork

failure caused by design deficiency, which

could result in loss of a propeller blade and

loss of sailplane controllability, accomplish

the following:
Federal Register / Vol. 63, No. 141 /Thursday, July 23, 1998 /Rules and Regulations 39485

(a) Replace the following in accordance

with pages 3 and 4 of Stemme GmbH & Co.

KG Service Bulletin No. 31–10–020, Amindex: 02.a, dated October 7, 1996:

(1) The propeller blade suspension fork,

part number (P/N) 0AP–V08 (or an FAAapproved equivalent P/N), with a new

propeller blade suspension fork, P/N A09–

10AP–V08 (or an FAA-approved equivalent

P/N);

(2) The propeller blade suspension fork

distance ring, P/N 10AP–V05 (or an FAAapproved equivalent P/N), with a new

propeller fork distance ring, P/N A09–10AP–

V05 (or an FAA-approved equivalent P/N);

and

(3) The propeller blade suspension fork

nut, P/N 10AP–V06 (or an FAA-approved

equivalent P/N), with a new propeller blade

suspension fork nut, P/N A09–10AP–V06 (or

an FAA-approved equivalent part number).

(b) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the sailplane

to a location where the requirements of this

AD can be accomplished.

(c) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

approved by the Manager, Small Airplane

Directorate, FAA, 1201 Walnut, suite 900,

Kansas City, Missouri 64106. The request

shall be forwarded through an appropriate

FAA Maintenance Inspector, who may add

comments and then send it to the Manager,

Small Airplane Directorate.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Small Airplane

Directorate.

(d) Questions or technical information

related to pages 3 and 4 of Stemme GmbH &

Co. KG Service Bulletin No. A31–10–020,

Am-index: 02.a, dated October 7, 1996,

should be directed to Stemme GmbH & Co.

KG, Gustav-Meyer-Allee 25, D–13355 Berlin,

Federal Republic of Germany. This service

information may be examined at the FAA,

Central Region, Office of the Regional

Counsel, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106.

(e) The replacements required by this AD

shall be done in accordance with pages 3 and

4 of Stemme GmbH & Co. KG Service

Bulletin No. A31–10–020, Am-index: 02.a,

dated October 7, 1996. This incorporation by

reference was approved by the Director of the

Federal Register in accordance with 5 U.S.C.

552(a) and 1 CFR part 51. Copies may be

obtained from Stemme GmbH & Co. KG,

Gustav-Meyer-Allee 25, D–13355 Berlin,

Federal Republic of Germany.

Copies may be inspected at the FAA,

Central Region, office of the Regional

Counsel, Room 1558, 601 E. 12th Street,

Kansas City, Missouri, or at the Office of the

Federal Register, 800 North Capitol Street,

NW, suite 700, Washington, DC.

Note 3: The subject of this AD is addressed

in German AD 95–177/2, dated January 30,

1997.

(f) This amendment becomes effective on

September 15, 1998.

Issued in Kansas City, Missouri, on July 15,

1998.

James E. Jackson,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 98–19459 Filed 7–22–98; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–33–AD; Amendment

39–10673; AD 98–15–22]

RIN 2120–AA64

Airworthiness Directives; Empresa

Brasileira de Aeronautica S.A.

(EMBRAER) Model EMB–120 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to all EMBRAER Model

EMB–120 series airplanes, that requires

a one-time inspection for delamination,

erosion, and condition of fillet sealant

and conductive edge sealer of the wing

and empennage leading edge area

behind the de-ice boots, and follow-on

corrective actions. This amendment is

prompted by issuance of mandatory

continuing airworthiness information by

a foreign civil airworthiness authority.

The actions specified by this AD are

intended to prevent delamination of the

wing and empennage leading edge due

to improper installation of the wing deice boot, which could result in reduced

controllability of the airplane.

DATES: Effective August 27, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of August 27,

1998.

ADDRESSES: The service information

referenced in this AD may be obtained

from Empresa Brasileira de Aeronautica

S.A. (EMBRAER), P.O. Box 343—CEP

12.225, Sao Jose dos Campos—SP,

Brazil. This information may be

examined at the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, Rules Docket,

1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Small

Airplane Directorate, Atlanta Aircraft

Certification Office, One Crown Center,

1895 Phoenix Boulevard, suite 450,

Atlanta, Georgia; or at the Office of the

Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Rob

Capezzuto, Aerospace Engineer,

Systems and Flight Test Branch, ACE–

116A, FAA, Small Airplane Directorate,

Atlanta Aircraft Certification Office,

One Crown Center, 1895 Phoenix

Boulevard, suite 450, Atlanta, Georgia

30337–2748; telephone (770) 703–6071;

fax (770) 703–6097.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to all EMBRAER

Model EMB–120 series airplanes was

published in the Federal Register on

March 27, 1998 (63 FR 14855). That

action proposed to require a one-time

inspection for delamination, erosion,

and condition of fillet sealant and

conductive edge sealer of the wing and

empennage leading edge area behind the

de-ice boots, and follow-on corrective

actions.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

Two commenters support issuance of

the rule as proposed.

Request To Cite Original Service

Bulletin

One commenter requests that the

proposed AD add the original issue of

EMBRAER Alert Service Bulletin 120–

51–A004, dated September 13, 1997, as

an approved method to comply with the

required inspection specified in

paragraph (a) of the proposed AD. The

commenter indicates that it has

completed the inspection; however, the

inspection was accomplished in

accordance with the original issue of the

alert service bulletin, rather than

Change 01, which is referenced in the

proposed AD as the appropriate source

of service information. The commenter

states that the differences between the

two versions of the alert service bulletin

are not sufficient to warrant

accomplishment of the inspection a

second time on its fleet of Model EMB–

120 series airplanes.

The FAA does not concur with the

commenter’s request. The manufacturer

advises that operators that have

accomplished the inspections in

accordance with the original issue of

EMBRAER Alert Service Bulletin 120–

51–A004, dated September 13, 1997,

will need to accomplish additional

work, as described in Change 01 of the

alert service bulletin. While the FAA

concurs that the inspection procedures

did not change significantly between the