[Federal Register: November 29, 2006 (Volume 71, Number 229)]
[Rules and Regulations]
[Page 68997-68999]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29no06-1]
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Rules and Regulations
Federal Register
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[[Page 68997]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-24956; Directorate Identifier 2006-CE-32-AD;
Amendment 39-14835; AD 2006-24-06]
RIN 2120-AA64
Airworthiness Directives; Stemme GmbH & Co. AG Model STEMME S10-
VT 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 the
products listed above. 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 ripped
pressure lines between Airbox-Carburetor-Differential fuel pressure
sensor. We are issuing this AD to require actions that are intended to
address the unsafe condition described in the MCAI.
DATES: This AD becomes effective January 3, 2007.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of January 3,
2007.
ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov
or in person at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif Building,
Room PL-401, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Gregory A. Davison, Aerospace
Engineer, ACE-112, Small Airplane Directorate, 901 Locust, Room 301,
Kansas City, Missouri 64106; telephone: (816) 329-4130; fax: (816) 329-
4090.
SUPPLEMENTARY INFORMATION:
Streamlined Issuance of AD
The FAA is implementing a new process for streamlining the issuance
of ADs related to MCAI. The streamlined process will allow us to adopt
MCAI safety requirements in a more efficient manner and will reduce
safety risks to the public. This process continues to follow all FAA AD
issuance processes to meet legal, economic, Administrative Procedure
Act, and Federal Register requirements. We also continue to meet our
technical decision-making responsibilities to identify and correct
unsafe conditions on U.S.-certificated products.
This AD references the MCAI and related service information that we
considered in forming the engineering basis to correct the unsafe
condition. The AD contains text copied from the MCAI and for this
reason might not follow our plain language principles.
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 August 9, 2006 (71
FR 45471). That NPRM proposed to require that you inspect and replace
the pressure lines. The MCAI states that ripped pressure lines between
Airbox-Carburetor-Differential fuel pressure sensor were found during a
requested maintenance event after engine trouble in the range between
maximum continuous power and take off power. The cracks can be a result
of non-complete temperature resistance.
Comments
We gave the public the opportunity to participate in developing
this AD. We have considered the comments received.
Jack Buster with the Modification and Replacement Parts Association
provides comments on the MCAI AD process pertaining to how the FAA
addresses publishing manufacturer service information as part of a
proposed AD action. The commenter states that the proposed rule attempt
to require compliance with a public law by reference to a private
writing (as referenced in paragraph (e) of the proposed AD). The
commenter would like the FAA to incorporate by reference (IBR) the
Stemme service bulletin.
We agree with Mr. Buster. However, we do not IBR any document in a
proposed AD action; instead we IBR the document in the final rule.
Since we are issuing the proposal as a final rule AD action, Stemme F&D
Design Org. Service Bulletin A31-10-073, Am. Index 01.a, dated June 22,
2005, is incorporated by reference.
Mr. Buster requests IBR documents be made available to the public
by publication in the Federal Register or in the Docket Management
System (DMS).
We are currently reviewing issues surrounding the posting of
service bulletins in the Department of Transportation's DMS as part of
the AD docket. Once we have thoroughly examined all aspects of this
issue and have made a final determination, we will consider whether our
current practice needs to be revised.
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed.
Differences Between this AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable in a U.S. court of
law. In making these changes, we do not intend to differ substantively
from the information provided in the MCAI and related service
information.
We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
described in a separate paragraph of the AD. These requirements, if
any, take precedence over the actions copied from the MCAI.
Costs of Compliance
We estimate that this AD will affect 43 products of U.S. registry.
We also estimate that it will take about 4 work-hours per product to
comply with this AD. The average labor rate is $80 per work-hour.
Required parts will cost about $10 per product. Where the service
information lists required parts
[[Page 68998]]
costs that are covered under warranty, we have assumed that there will
be no charge for these parts. As we do not control warranty coverage
for affected parties, some parties may incur costs higher than
estimated here. Based on these figures, we estimate the cost of this AD
to the U.S. operators to be $14,190 or $330 per product.
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 in 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 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 regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD Docket.
Examining the AD Docket
You may examine the AD docket on the Internet at http://dms.dot.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) 647-5227) 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
0
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 follow:
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:
2006-24-06 STEMME GMBH & CO. AG: Amendment 39-14835; Docket No. FAA-
2006-24956; Directorate Identifier 2006-CD-32-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective January
3, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to STEMME Model S10-VT sailplanes;
certificated in any U.S. category:
(1) Serial numbers (S/Ns) 11-89 through 11-096; and
(2) All S/Ns where pressure lines were replaced between July 27,
2004, and June 22, 2005, inclusive, and the parts were provided by
Stemme Gmbh & Co. AG (Stemme).
Reason
(d) The mandatory continuing airworthiness information (MCAI)
states that ripped pressure lines betweeen Airbox-Carburator-
Differential fuel pressure sensor were found during a requested
maintenance event after engine trouble in the range between maximum
continuous power and take off power. The cracks can be a result of
non complete temperature resistance. This type of pressure line was
installed since July 27, 2004. It was used for serial production and
spare parts.
Actions and Compliance
(e) Unless already done, do the following actions.
(1) Within 30 days after the effective date of this AD, inspect
all 0.15 - 0.27 inch (4 x 7mm) pressure lines for porousness or
cracks in particular areas of T-splits parts, clamps, or
connections. The free areas between the white plastic covers must
also be checked. If cracks or porosity are found, before further
flight, replace all pressure lines with ROTAX part number (P/N) 860
660 or Stemme P/N HZ-KLS041 (or FAA-approved equivalent P/Ns)
pressure lines following STEMME F&D Design Org. Service Bulletin
A31-10-73, Am. Index 01.a, dated June 22, 2005.
Within 60 days after the effective date of this AD, unless
already done, replace all installed 0.15 x 0.27 inch (4 x 7 mm)
pressure lines with ROTAX P/N 860 660 or Stemme P/N HZ-KLS041 (or
FAA-approved equivalent P/Ns) pressure lines following STEMME F&D
Design Org. Service Bulletin A31-10-073, Am. Index 01.a, dated June
22, 2005.
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(f) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Staff, FAA, ATTN: Gregory A. Davison, Aerospace Safety
Engineer, FAA, Small Airplane Directorate, 901 Locuse, Room 301,
Kansas City, Missouri 64106; telephone: (816) 329-4130; fax: (816)
329-4090, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19.
(2) Return to Airworthiness: When complying with this AD, do the
FAA-approved corrective actions before returning the product to an
airworthy condition.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.
Related Information
(h) This AD is related to MCAI Luftfahrt-Bundesamt AD D-2005-
228, dated June 24, 2005, which references STEMME F & D Design Org.
Service Bulletin A31-10-073, Am.-Index 01.a, dated June 22, 2005.
Material Incorporated by Reference
(i) You must use STEMME F&D Design Org. Service Bulletin A31-10-
073, Am.-Index 01.a, dated June 22, 2005, to do the actions required
by this AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Stemme GmbH & Co. AG, Flugplatzstra[beta]e F 2, Nr. 7, D-15344
Strausberg, Germany; telephone + 49 33 41 36 12 0; facsimile: + 49
33 41 36 12 30.
(3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri
64106; or 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/ibr-locations.html
.
[[Page 68999]]
Issued in Kansas City, Missouri, on November 20, 2006.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 06-9428 Filed 11-28-06; 8:45am]
BILLING CODE 4910-13-M