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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 al-
    ready 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 Instruc-
    tion 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 Instruc-
    tion P320-912060, Revision 00, dated May 20, 2022.

(2) If a GFRP block is incorrectly positioned,  before further flight, re-
    pair 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-auth-
    orized 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: 9-AVS-
    AIR-730-AMOC@faa.gov.

(2) Before using any approved AMOC,  notify your appropriate principal in-
    spector, 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: jim.rutherford@faa.gov.

(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 con-
tains 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: airworthiness@stemme.de; website: https://stemme.com.

(4) You may view this service information at the FAA,  Airworthiness Prod-
    ucts 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 refer-
    ence at the National Archives and Records Administration  (NARA).  For
    information on the availability of this material  at NARA,  email: fr.
    inspection@nara.gov,   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.

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: jim.rutherford@faa.gov.
PREAMBLE 

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.

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

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.

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: airworthiness@stemme.de; 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: jim.rutherford@faa.gov.

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
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

Action
Labor cost
Parts cost
Cost per glider
Cost on U.S. operators
Inspect reinforcement blocks 2 work-hours x $85 per hour = $170
$100
$270
$5,670

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

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

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.

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: