[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
[Rules and Regulations]
[Pages 1666-1668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00348]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1175; Project Identifier MCAI-2021-01409-G; 
Amendment 39-21897; AD 2022-01-09]
RIN 2120-AA64


Airworthiness Directives; Stemme AG Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Stemme AG Model Stemme S 10-VT and Stemme S 12 gliders. This AD 
results from mandatory continuing airworthiness information (MCAI) 
originated by an aviation authority of another country to identify and 
correct an unsafe condition on an aviation product. The MCAI identifies 
the unsafe condition as unintended slipping of the freewheel clutch 
with overheating (burnishing) of the friction pads inside of the 
clutch. This AD requires removing the affected freewheel clutch from 
service. The FAA is issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective January 27, 2022.
    The FAA must receive comments on this AD by February 28, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Stemme AG, 
Flugplatzstrasse F2, Nr. 6-7, D-15344 Strausberg, Germany; phone: +49 
(0) 3341 3612-0; fax: +49 (0) 3341 3612-30; email: 
[email protected]; website: https://www.stemme.com. You may view 
this service information at the FAA, Airworthiness Products Section, 
Operational Safety Branch, 901 Locust, Kansas City, MO 64106. For 
information on the availability of this material at the FAA, call (817) 
222-5110.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-1175; or in person at 
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains this final rule, the 
MCAI, any comments received, and other information. The street address 
for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aviation Safety 
Engineer, General Aviation & Rotorcraft Section, International 
Validation Branch, FAA, 901 Locust, Room 301, Kansas City, MO 64106; 
phone: (816) 329-4165; fax: (816) 329-4090; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union, has issued 
EASA AD 2021-0278-E, dated December 15, 2021

[[Page 1667]]

(referred to after this as ``the MCAI''), to address an unsafe 
condition on Stemme AG Model Stemme S10-VT and Stemme S12 gliders. The 
MCAI states:

    Occurrences have been reported of unintended slipping of the 
freewheel clutch (P/N 12AK) during operation and, subsequently, 
overheating (burnishing) of the friction pads inside of the clutch.
    This condition, if not corrected, could lead to total loss of 
thrust, possibly resulting in loss of control of the powered 
sailplane.
    Even after a successful implementation of the recommendations 
for safe operation of the clutch, published in Stemme AG Service 
Information P064-8900057/01, it has been determined that loss of 
thrust could occur without signs in advance.
    To address this potential unsafe condition, Stemme AG issued the 
SB [service bulletin], as defined in this AD, to provide applicable 
instructions.
    For the reasons described above, this [EASA] Emergency AD 
prohibits operation of certain powered sailplanes [glider], and 
prohibits installation of affected parts.
    This [EASA] AD is considered to be an interim action and further 
AD action may follow.

You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
1175.

Related Service Information

    The FAA reviewed Stemme Service Bulletin Doc. No. P062-980058, 
Revision 1, dated December 14, 2021. This service information specifies 
procedures for identifying the serial number of a part number (P/N) 
12AK freewheel clutch.

FAA's Determination

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI and 
service information referenced above. The FAA is issuing this AD after 
determining the unsafe condition is likely to exist or develop in other 
products of the same type design.

AD Requirements

    This AD applies to gliders with a P/N 12AK freewheel clutch with a 
serial number starting with ``12-'' and requires removing the freewheel 
clutch from service. This AD also prohibits installing a P/N 12AK 
freewheel clutch with a serial number starting with ``12-'' on any 
glider.

Differences Between This AD and the MCAI

    The MCAI applies to all Stemme AG Model Stemme S10-VT and Stemme 
S12 gliders and requires an inspection to determine whether an affected 
P/N 12AK freewheel clutch is installed. This AD only applies to Stemme 
AG Model Stemme S 10-VT and Stemme S 12 gliders with an affected P/N 
12AK freewheel clutch installed.
    In addition, EASA considers its MCAI as interim action. The FAA 
does not identify this AD as interim action since there is no 
indication that a modification of the affected freewheel clutch is 
forthcoming and since this AD requires removing the affected clutch 
from service.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies waiving notice and comment prior to adoption of this rule 
because unintended slipping of the freewheel clutch and the consequent 
overheating (burnishing) of the friction pads inside of the clutch 
could result in a loss of thrust and loss of glider control. Because 
this could happen without advance warning, the corrective action must 
be accomplished before further flight. Accordingly, notice and 
opportunity for prior public comment are impracticable and contrary to 
the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forego notice and 
comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2021-1175 and Project Identifier 
MCAI-2021-01409-G'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent to Jim 
Rutherford, Aviation Safety Engineer, FAA, General Aviation & 
Rotorcraft Section, International Validation Branch, 901 Locust, Room 
301, Kansas City, MO 64106. Any commentary that the FAA receives which 
is not specifically designated as CBI will be placed in the public 
docket for this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because FAA has determined 
that it has good cause to adopt this rule without prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 66 gliders of U.S. registry 
and estimates the following costs to comply with this AD:

[[Page 1668]]



                                                 Estimated Costs
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        glider         operators
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Remove freewheel clutch from service..  4 work-hours x $85 per              $500            $840         $55,440
                                         hour = $340.
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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.
    The FAA is 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

    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, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Amendment

    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 airworthiness 
directive:

2022-01-09 Stemme AG: Amendment 39-21897; Docket No. FAA-2021-1175; 
Project Identifier MCAI-2021-01409-G.

(a) Effective Date

    This airworthiness directive (AD) is effective January 27, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Stemme AG Model Stemme S 10-VT and Stemme S 
12 gliders, all serial numbers, certificated in any category, with a 
freewheel clutch part number (P/N) 12AK with a serial number (S/N) 
starting with ``12-'' installed.
    Note 1 to paragraph (c): Stemme Service Bulletin Doc. No. P062-
980058, Revision 1, dated December 14, 2021, contains guidance for 
identifying the S/N of a P/N 12AK freewheel clutch.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7100, Powerplant 
System.

(e) Unsafe Condition

    This AD results from mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country to identify and correct an unsafe condition on an aviation 
product. The MCAI identifies the unsafe condition as unintended 
slipping of the freewheel clutch with overheating (burnishing) of 
the friction pads inside of the clutch. The unsafe condition, if not 
addressed, could result in a loss of thrust and consequent loss of 
glider control.

(f) Required Action and Compliance

    (1) Before further flight after the effective date of this AD, 
remove the freewheel clutch from service.
    (2) As of the effective date of this AD, do not install a 
freewheel clutch P/N 12AK with an S/N starting with ``12-'' on any 
glider.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the certification office, send it to the 
attention of the person identified in paragraph (h)(1) of this AD 
and email to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(h) Related Information

    (1) For more information about this AD, contact Jim Rutherford, 
Aviation Safety Engineer, General Aviation & Rotorcraft Section, 
International Validation Branch, FAA, 901 Locust, Room 301, Kansas 
City, MO 64106; phone: (816) 329-4165; fax: (816) 329-4090; email: 
[email protected].
    (2) Refer to European Union Aviation Safety Agency (EASA) AD 
2021-0278-E, dated December 15, 2021, for more information. You may 
examine the EASA AD in the AD docket at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2021-1175.
    (3) For service information identified in this AD, contact 
Stemme AG, Flugplatzstrasse F2, Nr. 6-7, D-15344 Strausberg, 
Germany; phone: +49 (0) 3341 3612-0; fax: +49 (0) 3341 3612-30; 
email: [email protected]; website: https://www.stemme.com. You 
may view this service information at the FAA, Airworthiness Products 
Section, Operational Safety Branch, 901 Locust, Kansas City, MO 
64106. For information on the availability of this material at the 
FAA, call (817) 222-5110.

(i) Material Incorporated by Reference

    None.

    Issued on January 4, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-00348 Filed 1-11-22; 8:45 am]
BILLING CODE 4910-13-P