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]
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.
SUMMARY: The FAA is adopting a new airworthiness directive (AD)
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,
The FAA must receive comments on this AD by August 25, 2022.
ADDRESSES: You may send comments, using the procedures found in
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow
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: firstname.lastname@example.org; 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.
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@example.com.
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
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
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.
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.
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
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
are impracticable and contrary to the public interest pursuant to 5
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
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:
|Inspect reinforcement blocks
||2 work-hours x $85 per hour
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:
|Replace both reinforcement blocks
||16 work-hours x $85 per hour
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.
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.
Air transportation, Aircraft, Aviation safety, Incorporation by
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