[Federal Register: October 9, 2003 (Volume 68, Number 196)]
[Rules and Regulations]
[Page 58263-58265]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09oc03-1]
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Rules and Regulations
Federal Register
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[[Page 58263]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-CE-36-AD; Amendment 39-13327; AD 2003-20-09]
RIN 2120-AA64
Airworthiness Directives; Stemme GmbH & Co. KG Model STEMME S10-
VT Sailplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Stemme GmbH & Co. KG Model STEMME S10-VT sailplanes that incorporate a
certain gear box. This AD requires you to incorporate flight
restrictions into the Limitations Section of the sailplane flight
manual and fabricate and install a placard close to the throttle lever
indicating these restrictions. This AD is the result of mandatory
continuing airworthiness information (MCAI) issued by the airworthiness
authority for Germany. We are issuing this AD to prevent the potential
for the lower cog wheel in the gear box to rupture, which could result
in loss of power and possible loss of control of the sailplane.
DATES: This AD becomes effective on October 20, 2003.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the regulation as of
October 20, 2003.
We must receive any comments on this AD by November 3, 2003.
ADDRESSES: Use one of the following to submit comments on this AD:
[sbull] By mail: FAA, Central Region, Office of the Regional
Counsel, Attention: Rules Docket No. 2003-CE-36-AD, 901 Locust, Room
506, Kansas City, Missouri 64106.
[sbull] By fax: (816) 329-3771. [sbull] By e-mail: 9-ACE-7-Docket@faa.gov. Comments sent
electronically must contain ``Docket No. 2003-CE-36-AD'' in the subject
line. If you send comments electronically as attached electronic files,
the files must be formatted in Microsoft Word 97 for Windows or ASCII.
You may get the service information identified in this AD 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.
You may view the AD docket at FAA, Central Region, Office of the
Regional Counsel, Attention: Rules Docket No. 2003-CE-36-AD, 901
Locust, Room 506, Kansas City, Missouri 64106. Office hours are 8 a.m.
to 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Greg Davison, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4130; facsimile: (816) 329-4090.
SUPPLEMENTARY INFORMATION:
Discussion
What Events Have Caused This AD?
The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority
for Germany, recently notified FAA that an unsafe condition may exist
on all Stemme GmbH & Co. KG Model STEMME S10-VT sailplanes that
incorporate a part number 11AG gear box (serial numbers 43YYQ001
through 43YYQ093). The LBA reports two incidents where the lower cog
wheels of the affected gear box failed. In both cases, the web of the
cog wheel separated from the shaft.
What Are the Consequences if the Condition Is Not Corrected?
This condition, if not prevented, could cause the lower cog wheel
in the gear box to rupture, which could result in loss of power and
possible loss of control of the sailplane.
Is There Service Information That Applies to This Subject?
Stemme GmbH & Co. KG has issued Stemme Service Bulletin A31-10-065,
Am.-Index: 92a, dated February 21, 2003.
What Are the Provisions of This Service Information?
The service bulletin is divided into two parts as follows:
1. Flight manual limitations and placard installation:
--Flight manual limitation: ``The operation of the engine will be
limited to maximum 100% power (max. continuous power).''
--Flight manual limitation: ``Hence the take-off procedure (take-off
with take-off power 115%, see section 4.5.2.2. of the Flight Manual)
must not be selected. Alternative procedures (i.e., take-off with max.
continuous power 100%) are published in the Flight Manual.''
--Placard: Installation of a placard close to the throttle lever with
the following: ``Operation above 100% continuous power is not allowed!
(see SB A31-10-1065).''
2. Replacement of the lower cog wheel (P/N: 43.15.0028) with a
modified cog wheel (P/N: 43:15:0043).
What Action Did the LBA Take?
The LBA classified this service bulletin as mandatory and issued
German AD Number 2002-389/2, Effective date: April 17, 2003, in order
to ensure the continued airworthiness of these sailplanes in Germany.
Was This in Accordance With the Bilateral Airworthiness Agreement?
These Stemme GmbH & Co. KG Model STEMME S10-VT sailplanes are
manufactured in Germany and are 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.
Per this bilateral airworthiness agreement, the LBA has kept us
informed of the situation described above.
FAA's Determination and Requirements of the Proposed AD
What Has FAA Decided?
We have examined the LBA's findings, reviewed all available
information, and determined that AD action is necessary for products of
this type design that are certificated for operation in the United
States.
Since the unsafe condition described previously is likely to exist
or develop
[[Page 58264]]
on other Stemme GmbH & Co. KG Model STEMME S10-VT sailplanes of the
same type design that are registered in the United States, this AD is
being issued to prevent the potential for the lower cog wheel in the
gear box to rupture, which could result in loss of power and possible
loss of control of the sailplane.
What Does This AD Require?
This AD requires you to incorporate restrictions into the
Limitations Section of the flight manual and incorporate a placard
close to the throttle lever indicating these restrictions. These
restrictions and the placard are referenced in Stemme Service Bulletin
A31-10-065, Am.-Index: 02a, dated February 25, 2003.
In preparation of this rule, we contacted type clubs and aircraft
operators to obtain technical information and information on
operational and economic impacts. We did not receive any information
through these contacts. If received, we would have included, in the
rulemaking docket, a discussion of any information that may have
influenced this action.
Why Is the FAA Not Mandating the Cog Wheel Replacement?
We are not mandating the cog wheel replacement (as specified in the
service information) in this AD action because of the ``bootstrapping
requirement.'' When we issue an AD that involves requirements affecting
flight safety where we do not first provide notice and an opportunity
for public comment, then we are only able to include a short-term
action that immediately corrects the unsafe condition. The
Administrative Procedures Act does not permit combining a long-term
requirement with a short-term action when we do not provide prior
public comment. We analyze the short-term action and the long-term
action separately for justification to bypass public notice.
The FAA may initiate future AD action with public comment to
mandate the cog wheel replacement as terminating action for the AFM
requirements of this AD. This cog wheel replacement is optional in this
AD as terminating action.
How Does the Revision to 14 CFR Part 39 Affect This Proposed AD?
On July 10, 2002, we published a new version of 14 CFR part 39 (67
FR 47997, July 22, 2002), which governs FAA's AD system. This
regulation now includes material that relates to altered products,
special flight permits, and alternative methods of compliance. This
material previously was included in each individual AD. Since this
material is included in 14 CFR part 39, we will not include it in
future AD actions.
Comments Invited
Will I Have the Opportunity To Comment Prior to the Issuance of the
Rule?
This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment; however, we invite you to submit any written relevant data,
views, or arguments regarding this AD. Send your comments to an address
listed under ADDRESSES. Include ``AD Docket No. 2003-CE-36-AD'' in the
subject line of your comments. If you want us to acknowledge receipt of
your mailed comments, send us a self-addressed, stamped postcard with
the docket number written on it; we will date-stamp your postcard and
mail it back to you. We specifically invite comments on the overall
regulatory, economic, environmental, and energy aspects of the rule
that might suggest a need to modify it. If a person contacts us through
a nonwritten communication, and that contact relates to a substantive
part of this AD, we will summarize the contact and place the summary in
the docket. We will consider all comments received by the closing date
and may amend the AD in light of those comments.
Regulatory Findings
Will This AD Impact Various Entities?
We have 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.
Will This AD involve a significant rule or regulatory action?
For the reasons discussed above, I certify that 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); 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 summary of the costs to comply with this AD and
placed it in the AD Docket. You may get a copy of this summary by
sending a request to us at the address listed under ADDRESSES. Include
``AD Docket No. 2003-CE-36-AD'' in your request.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under 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
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 airworthiness
directive (AD):
2003-20-09 Stemme GmbH & Co. KG: Amendment 39-13327; Docket No.
2003-CE-36-AD.
When Does This AD Become Effective?
(a) This AD becomes effective on October 20, 2003.
Are Any Other ADs Affected by This Action?
(b) None.
What Sailplanes Are Affected by This AD?
(c) This AD affects all Model STEMME S10-VT sailplanes that:
(1) Incorporate a part number (P/N) 11AG gear box (serial
numbers 43YYQ001 through 43YYQ093); and
(2) Are certificated in any category:
What is the Unsafe Condition Presented in This AD?
(d) This AD is the result of mandatory continuing airworthiness
information (MCAI) issued by the airworthiness authority for
Germany. We are issuing this AD to prevent the potential for the
lower cog wheel in the gear box to rupture, which could result in
loss of power and possible loss of control of the sailplane.
What Must I Do To Address This Problem?
(e) To address this problem, you must accomplish the following:
[[Page 58265]]
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Actions Compliance Procedures
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(1) Incorporate the Within the next 10 Either insert a copy
following flight days after October of this portion of
restrictions into the 20, 2003 (the the AD or Stemme
Limitations Section of the effective date of Service Bulletin
flight manual: this AD), unless A31-10-065, Am.-
(i) ``The operation of the already Index: 02a, dated
engine will be limited to accomplished. February 25, 2003,
maximum 100% power (max. into the
continuous power).'' and. Limitations Section
(ii) ``Hence the take-off of this of the AFM.
procedure (take-off with The owner/operator
take-off power 115%, see holding at least a
section 4.5.2.2, of the private pilot
Flight Manual) must not be certificate as
selectd. Alternative authorized by
procedures (i.e., take-off section 43.7
with max. continuous power Federal Aviation
100%) are published in the Regulations (14 CFR
flight Manual.''. 43.7) may do this
flight manual
insertion. Make an
entry into the
aircraft records
showing compliance
with these portions
of the AD in
accordance with
section 43.9 of the
Federal Aviation
regulations (14 CFR
43.9).
(2) Fabricate a placard that Within the next 10 No specific
incorporates the following days after October procedures are
words (using at least 1/8- 20, 2003 (the necessary for this
inch letters) and install effective date of action. Stemme
this placard close to the this AD), unless Service Bulletin
throttle lever: ``Operation already A31-10-065, Am.-
above 100% continuous power accomplished. Index: 02a, dated
is not allowed! (see SB A31- February 25, 2003,
10-1065).'' references this
action. The owner/
operator holding at
least a private
pilot certificate
as authorized by
section 43.7 of the
Federal Aviation
Regulations (14 CFR
the throttle 43.7)
may do the placard
requirements. Make
an entry into the
aircraft records
showing compliance
with these portions
of the AD in
accordance with
section 43.9 of the
Federal Aviation
(14 CFR 43.9).
(3) As an alternative method At any time as Use the instructions
of compliance to this AD, terminating action in Stemme Service
replace the lower cog wheel for the limitations Bulletin A31-10-
(P/N: 43.15.0028) with a and placard 065, Am.-Index:
modified cog wheel (P/N: requirements of 02a, dated February
43:15:0043). this AD. 25, 2003.
------------------------------------------------------------------------
Why Is the FAA Not Mandating the Cog Wheel Replacement?
(f) We are not mandating the cog wheel replacement (as specified
in the service information) in this AD action because of the
``bootstrapping requirement.'' When we issue an AD that involves
requirements affecting flight safety where we do not first provide
notice and an opportunity for public comment, then we are only able
to include a short-term action that immediately corrects the unsafe
condition.
(1) The Administrative Procedures Act does not permit combining
a long-term requirement with a short-term action when we do not
provide prior public comment. The short-term action and the long-
term action are analyzed separately for justification to bypass
public notice.
(2) We may initiate future AD action with public comment to
mandate the cog wheel replacement as terminating action for the AFM
requirements of this AD. This cog wheel replacement is optional in
this AD as terminating action.
What About Alternative Methods of Compliance?
(g) You may request a different method of compliance or a
different compliance time for this AD by following the procedures in
14 CFR 39.13. Send your request to the Manager, Standards Office,
Small Airplane Directorate, FAA. For information on any already
approved alternative methods of compliance, contact Greg Davison,
Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4130;
facsimile: (816) 329-4090.
Is There Material Incorporated by Reference?
(h) If you choose to do the replacement required by this AD,
then you must use Stemme Service Bulletin A31-10-065, Am.-Index:
02a, dated February 25, 2003. The Director of the Federal Register
approved the incorporation by reference of this service bulletin in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may get a
copy 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. You may review copies at FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Room 506, Kansas City,
Missouri 64106; or at the Office of the Federal Register, 800 North
Capitol Street, NW., suite 700, Washington, DC.
Is There Other Information That Relates to This Subject?
(i) German AD Number 2002-389/2, Effective date: April 17, 2003,
also addresses the subject of this AD.
Issued in Kansas City, Missouri, on September 30, 2003.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 03-25330 Filed 10-8-03; 8:45 am]
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