[Federal Register Volume 63, Number 225 (Monday, November 23, 1998)]
[Rules and Regulations]
[Pages 64600-64602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30895]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-CE-103-AD; Amendment 39-10896; AD 98-24-10]
RIN 2120-AA64
Airworthiness Directives; Stemme GmbH & Co. KG Model S10
Sailplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
applies to certain Stemme GmbH & Co. KG (Stemme) Model S10 sailplanes.
This AD requires replacing the flap drive rocker, part number (P/N)
10SW-RMW, with a modified flap drive rocker. 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 failure of the flap drive rocker caused by the
design of the original part, which could result in loss of lateral
control and wing flap control with consequent reduced and/or loss of
sailplane control.
DATES: Effective December 9, 1998.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of December 9, 1998.
Comments for inclusion in the Rules Docket must be received on or
before December 16, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Central Region, Office of the Regional Counsel,
Attention: Rules Docket 98-CE-103-AD, Room 1558, 601 E. 12th Street,
Kansas City, Missouri 64106.
Service information that applies to this AD may be obtained from
Stemme GmbH & Co. KG, Gustav-Meyer-Allee 25, D-13355 Berlin, Germany;
telephone: 49.33.41.31.11.70; facsimile: 49.33.41.31.11.73. This
information may also be examined at the Federal Aviation Administration
(FAA), Central Region, Office of the Regional Counsel, Attention: Rules
Docket 98-CE-103-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,
FAA, Small Airplane Directorate, 1201 Walnut, suite 900, Kansas City,
Missouri 64106; telephone: (816) 426-6934; facsimile: (816) 426-2169.
SUPPLEMENTARY INFORMATION:
Discussion
The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority
for Germany, recently notified the FAA that an unsafe condition may
exist on certain Stemme Model S10 sailplanes. The LBA reports that the
flap drive rocker, P/N 10SW-RMW, is likely to fail due to fatigue. This
was revealed following failure of a different part in the flight
control system. The manufacturer then performed an analysis on other
critical points, which revealed the flap drive rocker condition.
This condition, if not corrected, could result in failure of the
flap drive rocker and loss of lateral control and wing flap control
with consequent reduced and/or loss of sailplane control.
Relevant Service Information
Stemme has issued Service Bulletin No. A31-10-017, Amendment-Index
02.a, dated May 20, 1998, which specifies procedures for replacing the
flap drive rocker, P/N 10SW-RMW, with a modified P/N 10SW-RMW flap
drive rocker. This service bulletin also specifies obtaining this
modified part from the manufacturer.
The LBA classified this service bulletin as mandatory and issued
German AD 1998-324, dated July 30, 1998, in order to assure the
continued airworthiness of these sailplanes in Germany.
The FAA's Determination
This sailplane model is manufactured in Germany and is type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the LBA has kept the FAA informed of
the situation described above.
The FAA has examined the findings of the LBA; reviewed all
available information, including the service information referenced
above; and determined that AD action is necessary for products of this
type design that are certificated for operation in the United States.
Explanation of the Provisions of This AD
Since an unsafe condition has been identified that is likely to
exist or develop in other Stemme Model S10 sailplanes of the same type
design, the FAA is issuing an AD. This AD requires replacing the flap
drive rocker, P/N 10SW-RMW, with a modified P/N 10SW-RMW flap drive
rocker. The actions are to be done in accordance with Stemme Service
Bulletin No. A31-10-017, Amendment-Index 02.a, dated May 20, 1998.
Cost Impact
None of the Stemme Model S10 sailplanes affected by this action are
on the U.S. Register. All sailplanes included in the applicability of
this rule currently are operated by non-U.S. operators under foreign
registry; therefore, they are not directly affected by this AD action.
However, the FAA considers this rule necessary to ensure that the
unsafe condition is addressed in the event that any of these subject
sailplanes are imported and placed on the U.S. Register.
Should an affected sailplane be imported and placed on the U.S.
Register, accomplishment of the required action would take
approximately 5 workhours at an average labor rate of $60 per workhour.
Parts cost approximately $200 per sailplane. Based on these figures,
the total cost impact of this AD would be
[[Page 64601]]
$500 per sailplane that would become registered in the United States.
The Effective Date of This AD
Since this AD action does not affect any sailplane that is
currently on the U.S. register, it has no adverse economic impact and
imposes no additional burden on any person. Therefore, notice and
public procedures hereon are unnecessary and the amendment may be made
effective in less than 30 days after publication in the Federal
Register.
Comments Invited
Although this action is in the form of a final rule and was not
preceded by notice and opportunity for public comment, comments are
invited on this rule. Interested persons are invited to comment on this
rule by submitting such written data, views, or arguments as they may
desire. Communications shall identify the Rules Docket number and be
submitted in triplicate to the address specified under the caption
ADDRESSES. All communications received on or before the closing date
for comments will be considered, and this rule may be amended in light
of the comments received. Factual information that supports the
commenter's ideas and suggestions is extremely helpful in evaluating
the effectiveness of the AD action and determining whether additional
rulemaking action would be needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket No. 98-CE-103-AD.'' The postcard will be date stamped and
returned to the commenter.
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 draft regulatory evaluation prepared for
this action has been placed 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.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding a new airworthiness directive
(AD) to read as follows:
98-24-10 STEMME GMBH & CO. KG: Amendment 39-10896; Docket No. 98-CE-
103-AD.
Applicability: Model S10 sailplanes, serial numbers 10-03
through 10-26, 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 as indicated in the body of this AD, unless
already accomplished.
To prevent failure of the flap drive rocker caused by the design
of the original part, which could result in loss of lateral control
and wing flap control with consequent reduced and/or loss of
sailplane control, accomplish the following:
(a) Prior to further flight after the effective date of this AD,
replace the flap drive rocker, part number (P/N) 10SW-RMW, with a
modified flap drive rocker, in accordance with Stemme Installation
Instruction No. A34-10-017-E, Amendment-Index 01.a, dated August 10,
1998, as referenced in Stemme Service Bulletin No. A31-10-017,
Amendment-Index 02.a, dated May 20, 1998.
(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, 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 Stemme Service
Bulletin No. A31-10-017, Amendment-Index 02.a, dated May 20, 1998,
should be directed to Stemme GmbH & Co. KG, Gustav-Meyer-Allee 25,
D-13355 Berlin, Germany; telephone: 49.33.41.31.11.70; facsimile:
49.33.41.31.11.73. 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 replacement required by this AD shall be done in
accordance with Stemme Installation Instruction No. A34-10-017-E,
Amendment-Index 01.a, dated August 10, 1998, as referenced in Stemme
Service Bulletin No. A31-10-017, Amendment-Index 02.a, dated May 20,
1998. 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, 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 1998-
324, dated July 30, 1998.
(f) This amendment becomes effective on December 9, 1998.
[[Page 64602]]
Issued in Kansas City, Missouri, on November 10, 1998.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 98-30895 Filed 11-20-98; 8:45 am]
BILLING CODE 4910-13-U