[Federal Register: January 9, 2007 (Volume 72, Number 5)]
[Rules and Regulations]               
[Page 892-894]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ja07-4]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[FAA-2006-26518; Directorate Identifier 2006-CE-84-AD; Amendment 39-
14874; AD 2007-01-03]
RIN 2120-AA64

 
Airworthiness Directives; Stemme GmbH & Co. KG Model S10-VT 
Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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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)

[[Page 893]]

issued by the aviation authority of another country to identify and 
correct an unsafe condition on an aviation product. The MCAI describes 
the unsafe condition as:

    During certification works it was found that the cooling liquid 
EVANS NPG+ is flammable. The liquid cooling circuit of the Stemme 
S10-VT is not designed to be filled with a flammable liquid without 
prior modifications.

This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective January 29, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of Stemme F&D Service Bulletin A31-10-076 Am. Index: 01.a, 
dated October 9, 2006, listed in this AD as of January 29, 2007.
    We must receive comments on this AD by February 8, 2007.

ADDRESSES: You may send comments by any of the following methods:
     DOT Docket Web Site: Go to http://dms.dot.gov and follow 

the instructions for sending your comments electronically.
     Fax: (202) 493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the instructions for submitting comments.

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 this AD, 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.

FOR FURTHER INFORMATION CONTACT: Greg Davison, Glider Program Manager, 
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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued AD 
No.: 2006-0311-E, dated October 11, 2006 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states that:

    During certification works it was found that the cooling liquid 
EVANS NPG+ is flammable. The liquid cooling circuit of the Stemme 
S10-VT is not designed to be filled with a flammable liquid without 
prior modifications. For that reason, this Emergency AD requires the 
replacement of the EVANS NPG+ cooling liquid. In addition, the 
operation limit of the cylinder head temperature must be temporary 
changed to 120[deg]C/248[deg]F.

    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Stemme GmbH & Co. KG has issued Stemme F&D Service Bulletin A31-10-
076 Am. Index: 01.a, dated October 9, 2006. 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 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 issuing this AD because we 
evaluated all information provided by the State of Design Authority and 
determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design.

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 making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might have also 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 take 
precedence over those copied from the MCAI.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because the 
cooling liquid is flammable. The liquid cooling circuit of the Stemme 
S10-VT is not designed to be filled with a flammable liquid without 
prior modifications, and this could result in a fire. Therefore, we 
determined that notice and opportunity for public comment before 
issuing this AD are impracticable and that good cause exists for making 
this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2006-26518; Directorate 
Identifier 2006-CE-84-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will 

also post a report summarizing each

[[Page 894]]

substantive verbal contact we receive about this AD.

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 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 that 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.

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 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 AD:

2007-01-03 Stemme GMBH & Co. KG: Amendment 39-14874; Docket No. FAA-
2006-26518; Directorate Identifier 2006-CE-84-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
29, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model S10-VT gliders, serial numbers 11-
001 through 11-104, certificated in any category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
states that:
    During certification works it was found that the cooling liquid 
EVANS NPG+ is flammable. The liquid cooling circuit of the Stemme 
S10-VT is not designed to be filled with a flammable liquid without 
prior modifications. For that reason, this Emergency AD requires the 
replacement of the EVANS NPG+ cooling liquid. In addition, the 
operation limit of the cylinder head temperature must be temporary 
changed to 120 [deg]C/248 [deg]F.

Actions and Compliance

    (e) Prior to further flight as of January 29, 2007 (the 
effective date of this AD), unless already done, do the following 
actions.
    (1) Replace the EVANS NPG+ cooling liquid in accordance with the 
instructions of Stemme F&D Service Bulletin A31-10-076 Am. Index: 
01.a, dated October 9, 2006;
    (2) Amend the Limitations and Normal Procedures Sections of the 
Airplane Flight Manual (AFM) to include the temporary operation 
limit of the cylinder head temperature to 120 [deg]C/248 [deg]F. 
This may be accomplished by inserting a copy of this AD into the 
AFM, affecting pages 2-3, 2-6, and 4-12;
    (3) Apply two red lines on the Cylinder Head Temperature Gauge 
for the L/H and R/H cylinder head temperature at 120 [deg]C/248 
[deg]F; and
    (4) Replace the radiator cap part number 922075 (0.9 bar/13 psi) 
(or FAA approved equivalent) with a new radiator cap part number 
922070 (1.2 bar/18 psi) (or FAA approved equivalent). Rotax Aircraft 
Engines Service Instruction SI-25-1997 R8 and Rotax Service Bulletin 
Sb-914-029 R2 reference this requirement.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
by adding the action to replace the radiator cap.

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: Greg Davison, Glider Program Manager, 
901 Locust, 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) 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, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (g) Refer to European Aviation Safety Agency (EASA) AD No.: 
2006-0311-E, dated October 11, 2006, and Stemme F&D Service Bulletin 
A31-10-076 Am. Index: 01.a, dated October 9, 2006, for related 
information.

Material Incorporated by Reference

    (h) You must use Stemme F&D Service Bulletin A31-10-076 Am. 
Index: 01.a, dated October 9, 2006, 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. KG, Flugplatzstra[beta]e F2, Nr. 7, D-15344 
Strausberg, Germany; telephone: + 49.33 41/36 12-0; fax: +49.33 41/
36 12-30; e-mail: P.Ellwanger@stemme.de.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, 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
.


    Issued in Kansas City, Missouri on December 27, 2006.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-22620 Filed 1-8-07; 8:45 am]

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