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:
airworthiness@stemme.de; 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:
jim.rutherford@faa.gov.
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
(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:
Estimated Costs
Action
|
Labor cost
|
Parts cost
|
Cost per
glider
|
Cost on
U.S. operators
|
Remove freewheel clutch from
service |
4 work-hours x $85 per hour =
$340 |
$500
|
$840
|
$55,440
|
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
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]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
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