[Federal Register Volume 87, Number 222 (Friday, November 18, 2022)]
[Proposed Rules]
[Pages 69220-69222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25020]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1421; Project Identifier MCAI-2022-01088-G]
RIN 2120-AA64


Airworthiness Directives; Stemme AG Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2022-01-09, which applies to certain Stemme AG Model Stemme S 10-VT and 
Model Stemme S 12 gliders. AD 2022-01-09 requires removing the affected 
freewheel clutch from service and prohibits the installation of 
affected parts. Since the FAA issued AD 2022-01-09, the European Union 
Aviation Safety Agency (EASA) superseded its mandatory continuing 
airworthiness information (MCAI) to amend the definition of an affected 
part. This proposed AD would retain the requirements of AD 2022-01-09 
for removing the affected freewheel clutch from service and continue to 
prohibit the installation of an affected part, and would amend the 
definition of an affected part and clarify the part installation 
prohibition. The FAA is proposing this AD to address the unsafe 
condition on these products.

DATES: The FAA must receive comments on this NPRM by January 3, 2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1421; 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 NPRM, the MCAI, any comments received, and other

[[Page 69221]]

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; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2022-1421; Project Identifier 
MCAI-2022-01088-G'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, 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 
the proposal 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 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

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 NPRM 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 NPRM, 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 NPRM. 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.

Background

    The FAA issued AD 2022-01-09, Amendment 39-21897 (87 FR 1666, 
January 12, 2022) (AD 2022-01-09), for all Stemme AG Model Stemme S 10-
VT and Model Stemme S 12 gliders with a freewheel clutch part number 
(P/N) 12AK with a serial number starting with ``12-'' installed. AD 
2022-01-09 was prompted by MCAI originated by EASA, which is the 
Technical Agent for the Member States of the European Union. EASA 
issued EASA Emergency AD 2021-0278-E, dated December 15, 2021 (EASA AD 
2021-0278-E), to correct an unsafe condition identified as unintended 
slipping of the freewheel clutch with overheating (burnishing) of the 
friction pads inside of the clutch.
    AD 2022-01-09 requires removing the affected freewheel clutch from 
service and prohibits installing an affected part on any glider. The 
FAA issued AD 2022-01-09 to address unintended slipping of the 
freewheel clutch with overheating (burnishing) of the friction pads 
inside of the clutch, which if not addressed, could result in a loss of 
thrust and consequent loss of glider control.

Actions Since AD 2022-01-09 Was Issued

    Since the FAA issued AD 2022-01-09, EASA superseded EASA AD 2021-
0278-E and issued EASA AD 2021-0278R1, dated August 11, 2022 (referred 
to after this as ``the MCAI''), to correct an unsafe condition on all 
Stemme AG Model Stemme S 10-VT and Stemme S 12 gliders. The MCAI states 
that the definition of affected part was amended to exclude certain 
modified and re-identified freewheel clutches.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1421.

FAA's Determination

    These products have been approved by the aviation authority of 
another country and are 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 described above. The FAA is issuing 
this NPRM after determining that the unsafe condition described 
previously is likely to exist or develop on other products of these 
same type designs.

Proposed AD Requirements in this NPRM

    This proposed AD would retain the requirements of AD 2022-01-09 for 
removing the affected freewheel clutch from service and continue to 
prohibit the installation of an affected part, and would amend the 
definition of an affected part and clarify the part installation 
prohibition.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 63 gliders of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Remove freewheel clutch from service..  4 work-hours x $85 per              $500            $840         $52,920
                                         hour = $340.
----------------------------------------------------------------------------------------------------------------

    The new requirements of this proposed AD add no additional economic 
burden over that already required by AD 2022-01-09.

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

[[Page 69222]]

develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 the proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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:
0
a. Removing Airworthiness Directive 2022-01-09, Amendment 39-21897 (87 
FR 1666, January 12, 2022); and
0
b. Adding the following new airworthiness directive:

Stemme AG: Docket No. FAA-2022-1421; Project Identifier MCAI-2022-
01088-G.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by January 3, 2023.

(b) Affected ADs

    This AD replaces AD 2022-01-09, Amendment 39-21897 (87 FR 1666, 
January 12, 2022).

(c) Applicability

    This AD applies to Stemme AG Model Stemme S 10-VT and Model 
Stemme S 12 gliders, all serial numbers, certificated in any 
category, with a freewheel clutch having part number 12AK with a 
serial number starting with ``12-'' installed, except those which 
have been modified by following the instructions of Stemme Service 
Bulletin Doc. No. P062-980058, Revision 02, dated April 19, 2022, 
and have been re-identified with ``M'' at the end of the serial 
number.

(d) Subject

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

(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 unintended 
slipping of the freewheel clutch with overheating (burnishing) of 
the friction pads inside of the clutch. The FAA is issuing this AD 
to ensure removal of the affected freewheel clutch from service. The 
unsafe condition, if not addressed, could result in a loss of thrust 
and consequent loss of glider control.

(f) Compliance

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

(g) 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 part number 12AK with a serial number starting with 
201F;12-'' on any glider, unless it has been modified by following 
the instructions of Stemme Service Bulletin Doc. No. P062-980058, 
Revision 02, dated April 19, 2022, and has been re-identified with 
``/M'' at the end of the serial number.

(h) Alternative Methods of Compliance (AMOCs)

    The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in Sec.  39.19. In accordance with Sec.  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, mail 
it to the address identified in paragraph (i)(2) of this AD or email 
to: [email protected]. If mailing information, also submit 
information by email. 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. AMOCs approved for AD 2022-01-
09 are approved as AMOCs for the corresponding provisions of this 
AD.

(i) Additional Information

    (1) Refer to European Union Aviation Safety Agency (EASA) AD 
2021-0278R1, dated August 11, 2022, for related information. This 
EASA AD may be found in the AD docket at regulations.gov under 
Docket No. FAA-2022-1421.
    (2) 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].
    (3) For service information identified in this AD that is not 
incorporated by reference, 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: 
stemme.com. You may view this referenced 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.

(j) Material Incorporated by Reference

    None.

    Issued on November 9, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-25020 Filed 11-17-22; 8:45 am]
BILLING CODE 4910-13-P