[Federal Register Volume 87, Number 131 (Monday, July 11, 2022)]
[Rules and Regulations]
[Pages 41049-41052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14810]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0809; Project Identifier MCAI-2022-00711-G; 
Amendment 39-22116; AD 2022-14-11]
RIN 2120-AA64


Airworthiness Directives; Stemme AG (Type Certificate Previously 
Held by Stemme GmbH & Co. KG) 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 (type certificate previously held by Stemme GmbH & 
Co. KG) Model Stemme S 12 gliders. This AD was prompted by mandatory 
continuing airworthiness information (MCAI) issued by the aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI identifies the unsafe 
condition as a deviation in the construction of the connection of the 
inner wing to the outer wing, resulting in a wrong positioning of the 
glass-fiber reinforced plastic (GFRP) blocks. This AD requires 
inspecting the left-hand (LH) and right-hand (RH) outer wing spars for 
correct positioning of the GFRP blocks and, if incorrect positioning is 
found, repairing of the reinforcement blocks. The FAA is issuing this 
AD to address the unsafe condition on these products.

DATES: This AD is effective July 26, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 26, 
2022.

[[Page 41050]]

    The FAA must receive comments on this AD by August 25, 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 final rule, contact 
Stemme AG, Flugplatzstrasse F2 Nr. 6-7, Strausberg, Germany; phone: +49 
3341 3612 0; email: [email protected]; website: https://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. It is also available at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2022-0809.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0809; 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 the 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; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union, has issued 
EASA Emergency AD 2022-0101-E, dated June 2, 2022 (referred to after 
this as ``the MCAI''), to address an unsafe condition on certain 
serial-numbered Stemme AG Model Stemme S12 powered sailplanes 
(gliders). The MCAI states:

    An occurrence was reported by the production line of the Stemme 
S12 of finding a deviation in the construction of the connection of 
the inner wing to the outer wing, resulting in a wrong positioning 
of the glass-fibre reinforced plastic (GFRP) blocks in the outer 
wing spar.
    This condition, if not corrected, could lead to loss of 
structural integrity at the joint (connection) between the outer 
wing and inner wing, possibly resulting in rupture of the affected 
wing, with consequent loss of control of the sailplane.
    To address this potential unsafe condition, Stemme identified 
the sailplanes possibly affected by this unintended production 
deviation and issued the SB [service bulletin], as defined in this 
[EASA] AD, to provide instructions to determine the (correct) 
positioning of the GFRP blocks in the outer wing spars.
    For the reasons described above, this [EASA] AD requires a one-
time inspection of each affected part and, depending on findings, 
accomplishment of applicable corrective action(s).
    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-2022-
0809.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Stemme Procedural Instruction P320-912060, 
Revision 00, dated May 20, 2022. This service information specifies 
procedures for inspecting the LH and RH outer wing spars for correct 
positioning of the GFRP reinforcement blocks, including sealing the 
inspection holes. This service information is reasonably available 
because the interested parties have access to it through their normal 
course of business or by the means identified in ADDRESSES.

Other Related Service Information

    The FAA also reviewed Stemme Service Bulletin P062-980060, Revision 
00, dated May 20, 2022. This service information specifies inspecting 
the LH and RH outer wing spars for correct positioning of the GFRP 
reinforcement blocks by following Stemme Procedural Instruction P320-
912060, Revision 00, dated May 20, 2022. This service information also 
prohibits operation and informing Stemme AG if incorrect positioning is 
found.

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 
because it has determined the unsafe condition described previously is 
likely to exist or develop on other products of the same type design.

AD Requirements

    This AD requires accomplishing the actions specified in the service 
information already described, except as discussed under ``Differences 
Between this AD and the MCAI.''

Differences Between This AD and the MCAI

    The MCAI specifies contacting Stemme for approved corrective action 
instructions, and this AD requires using a repair method approved by 
the FAA, EASA, or Stemme AG's Design Organization Approval.

Interim Action

    The FAA considers this AD to be an interim action. The design 
approval holder is currently developing a modification that will 
address the unsafe condition identified in this AD. Once this 
modification is developed, approved, and available, the FAA might 
consider additional rulemaking.

Justification for Immediate Adoption 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 loss of structural integrity between the inner and outer wing 
sections could cause a sudden rupture of the affected wing and 
consequent loss of glider control. Therefore, the inspection and any 
necessary repair must be accomplished before further flight. 
Accordingly, notice and opportunity for prior public comment

[[Page 41051]]

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-2022-0809 and Project Identifier 
MCAI-2022-00711-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, General Aviation & Rotorcraft 
Section, International Validation Branch, FAA, 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 21 gliders of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                       Cost per    Cost on U.S.
                  Action                            Labor cost           Parts cost     glider       operators
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Inspect reinforcement blocks.............  2 work-hours x $85 per hour         $100         $270          $5,670
                                            = $170.
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    The FAA estimates the following costs to replace reinforcement 
blocks on both sides, if required based on the results of the 
inspection. The FAA has no way of determining the number of gliders 
that might need this action:

                                               On-Condition Costs
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                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        glider
----------------------------------------------------------------------------------------------------------------
Replace both reinforcement blocks.............  16 work-hours x $85 per hour =            $1,000          $2,360
                                                 $1,360.
----------------------------------------------------------------------------------------------------------------

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:


[[Page 41052]]


2022-14-11 Stemme AG (Type Certificate Previously Held by Stemme 
GmbH & Co. KG): Amendment 39-22116; Docket No. FAA-2022-0809; 
Project Identifier MCAI-2022-00711-G.

(a) Effective Date

    This airworthiness directive (AD) is effective July 26, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Stemme AG (type certificate previously held 
by Stemme GmbH & Co. KG) Model Stemme S 12 gliders, serial numbers 
12-002 through 12-042 inclusive and serial number 12-044, 
certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 5700, Wing 
Structure.

(e) Unsafe Condition

    This AD was prompted by 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 a deviation in 
the construction of the connection of the inner wing to the outer 
wing, resulting in a wrong positioning of the left-hand (LH) and 
right-hand (RH) outer wing spar glass-fiber reinforced plastic 
(GFRP) blocks. The FAA is issuing this AD to detect wrong 
positioning of the GFRP blocks, which, if not corrected, could cause 
a rupture of the affected wing and consequent loss of control of the 
glider.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Inspection and Replacement

    Before further flight after the effective date of this AD, 
inspect the LH and RH outer wing spars for positioning of the GFRP 
blocks by following Working Steps 1.1 through 3.2 in Stemme 
Procedural Instruction P320-912060, Revision 00, dated May 20, 2022.
    (1) If a GFRP block is correctly positioned, seal the inspection 
holes by following Working Steps 4.1 through 4.3 in Stemme 
Procedural Instruction P320-912060, Revision 00, dated May 20, 2022.
    (2) If a GFRP block is incorrectly positioned, before further 
flight, repair using a method approved by the FAA; the European 
Union Aviation Safety Agency (EASA); or Stemme AG's Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.

(h) 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 International Validation Branch, send 
it to the attention of the person identified in paragraph (i)(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.

(i) 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; email: 
[email protected].
    (2) Refer to EASA Emergency AD 2022-0101-E, dated June 2, 2022, 
for more information. You may examine the EASA AD at https://www.regulations.gov in Docket No. FAA-2022-0809.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Stemme Procedural Instruction P320-912060, Revision 00, 
dated May 20, 2022.
    Note 1 to paragraph (j)(2)(i): This service information contains 
German to English translation. EASA used the English translation in 
referencing the document from Stemme. For enforceability purposes, 
the FAA will cite the service information in English as it appears 
on the document.
    Note 2 to paragraph (j)(2)(i): Only the first page of the 
document contains the document date.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Stemme AG, Flugplatzstrasse F2 Nr. 6-7, Strausberg, Germany; phone: 
+49 3341 3612 0; email: [email protected]; website: https://stemme.com.
    (4) 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-14810 Filed 7-7-22; 4:15 pm]
BILLING CODE 4910-13-P