3926 Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Rules and Regulations 

Approval (DOA). If approved by the DOA, 

the approval must include the DOAauthorized signature.’’ 

(2) Where EASA AD 2021–0289–E requires 

compliance in terms of flight hours, this AD 

requires using hours time-in-service. 

(3) Where EASA AD 2021–0289–E refers to 

its effective date, this AD requires using the 

effective date of this AD. 

(4) Where paragraph (1) of EASA AD 2021– 

0289–E specifies to ‘‘inform all flight crews, 

and, thereafter, operate the helicopter 

accordingly,’’ this AD does not require those 

actions. 

(5) The action required by paragraphs (1) 

and (2) of EASA AD 2021–0289–E may be 

performed by the owner/operator (pilot) 

holding at least a private pilot certificate and 

must be entered into the aircraft records 

showing compliance with this AD in 

accordance with 14 CFR 43.9(a)(1) through 

(4) and 14 CFR 91.417(a)(2)(v). The record 

must be maintained as required by 14 CFR 

91.417 or 135.439. 

(6) This AD does not mandate compliance 

with the ‘‘Remarks’’ section of EASA AD 

2021–0289–E. 

(i) Special Flight Permit 

Special flight permits may be permitted 

provided that there are no passengers on 

board. 

(j) 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 (k) of this AD. 

Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. 

(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. 

(k) Related Information 

For more information about this AD, 

contact Hal Jensen, Aerospace Engineer, 

Operational Safety Branch, Compliance & 

Airworthiness Division, FAA, 950 L’Enfant 

Plaza N SW, Washington, DC 20024; 

telephone (202) 267–9167; email hal.jensen@

faa.gov. 

(l) 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) European Union Aviation Safety Agency 

(EASA) Emergency AD 2021–0289–E, dated 

December 23, 2021. 

(ii) [Reserved] 

(3) For EASA AD 2021–0289–E, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

000; email ADs@easa.europa.eu; internet 

www.easa.europa.eu. You may find the 

EASA material on the EASA website at 

https://ad.easa.europa.eu. 

(4) You may view this service information 

at the FAA, Office of the Regional Counsel, 

Southwest Region, 10101 Hillwood Pkwy., 

Room 6N–321, Fort Worth, TX 76177. For 

information on the availability of this 

material at the FAA, call (817) 222–5110. 

This material may be found in the AD docket 

at https://www.regulations.gov by searching 

for and locating Docket No. FAA–2022–0009. 

(5) You may view this material that is 

incorporated by reference 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/ibrlocations.html. 

Issued on January 13, 2022. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–01540 Filed 1–24–22; 11:15 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–1010; Project 

Identifier MCAI–2020–00807–G; Amendment 

39–21924; AD 2022–03–07] 

RIN 2120–AA64 

Airworthiness Directives; Stemme AG 

Gliders 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Stemme AG TSA–M Model S6 and S6– 

RT 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 

describes the unsafe condition as a new 

version of the propeller gearbox tooth 

belt with a reduced life limit. This AD 

requires establishing a life limit of 5 

years for certain propeller gearbox tooth 

belts. The FAA is issuing this AD to 

address the unsafe condition on these 

products. 

DATES: This AD is effective March 2, 

2022. 

ADDRESSES: For service information 

identified in this final rule, 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. It is also 

available at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2021–1010. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–1010; 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 

address for Docket Operations is U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE, Washington, DC 

20590. 

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 FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to certain Stemme AG TSA–M 

Model S6 and S6–RT gliders. The 

NPRM published in the Federal 

Register on November 22, 2021 (86 FR 

66229). The NPRM was prompted by 

MCAI originated by the European Union 

Aviation Safety Agency (EASA), which 

is the Technical Agent for the Member 

States of the European Union. EASA 

issued EASA AD 2020–0140, dated June 

23, 2020 (referred to after this as ‘‘the 

MCAI’’), to address an unsafe condition 

on Stemme AG (Stemme) TSA–M Model 

S6 and S6–RT powered sailplanes 

(gliders) and ASP S15–1 airplanes. The 

MCAI states: 

The airworthiness limitations for Stemme 

TSA–M powered sailplanes and Stemme ASP 

aeroplanes, which are approved by EASA, 

are currently defined and published in 

Chapter 4 of the applicable AMM [aircraft 

maintenance manual]. These instructions 

have been identified as mandatory for 

continued airworthiness. 


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Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Rules and Regulations 3927 

Failure to accomplish these instructions 

could result in an unsafe condition. 

During a regular incoming part inspection 

at Stemme, the supplier delivered a new 

version of the tooth belts used in the 

propeller gearbox. The new part (with 

marking ‘‘Carbon’’) deviates from the 

previously used part (with marking 

‘‘Extreme’’) by its layer build up. The new 

tooth belt has been found airworthy, 

although with a reduced life limit. 

Before Stemme identified the issue, new 

tooth belts were delivered, identified as Part 

Number (P/N) 830.185, the same as the 

previous part. These parts have to be 

identified by inspection, changed to P/N 

832.502, and the reduced life limit 

implemented. 

Consequently, Stemme issued the 

applicable ALS [airworthiness limitations 

section] introducing the new life limit for the 

new part. Stemme also issued the SB [service 

bulletin] providing additional instructions on 

relevant inspections and corrective actions. 

For the reasons described above, this 

[EASA] AD requires a one-time inspection of 

the propeller gearbox tooth belts, and, 

depending on findings, re-identification. This 

[EASA] AD also requires implementation of 

the reduced life limit by accomplishment of 

the actions specified in the applicable ALS. 

After issuance of the MCAI, EASA 

approved extending the life limit of the 

new ‘‘Synchroforce Carbon’’ belt to 5 

years, the same as the original 

‘‘Extreme’’ belt, as documented by 

Stemme in Revision 15 to the AMM 

Chapter 04 ALS. 

You may examine the MCAI in the 

AD docket at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2021– 

1010. 

Discussion of Final Airworthiness 

Directive 

Comments 

The FAA received one comment from 

an individual commenter. The 

commenter supported the NPRM 

without change. 

Conclusion 

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 reviewed 

the relevant data, considered the 

comment received, and determined that 

air safety requires adopting this AD as 

proposed. Accordingly, the FAA is 

issuing this AD to address the unsafe 

condition on these products. This AD is 

adopted as proposed in the NPRM. 

Related Service Information 

The FAA reviewed Stemme Service 

Bulletin Doc. No. P062–980049, 

Revision 00, dated May 27, 2020. This 

service information specifies identifying 

the front propeller gearbox tooth belt, 

revising the AMM and illustrated parts 

catalogue, and introducing a life limit 

for the propeller gearbox tooth belt 

marked ‘‘Synchroforce Carbon.’’ 

Differences Between This AD and the 

MCAI or Service Information 

The MCAI applies to Stemme AG 

Model ASP S15–1 airplanes, and this 

AD does not because that model does 

not have an FAA type certificate. 

The MCAI requires an inspection to 

determine whether the propeller 

gearbox tooth belts are ‘‘Synchroforce 

Carbon’’ or ‘‘Extreme.’’ This AD does 

not require this inspection because 

instead, it applies only to gliders with 

a ‘‘Synchroforce Carbon’’ propeller 

gearbox tooth belt installed. 

The MCAI requires revising the 

existing aircraft maintenance program 

(AMP) to introduce the reduced life 

limit for the affected propeller gearbox 

tooth belt, as well as other life limits, as 

specified in the Temporary Revision to 

the aircraft maintenance manual 

airworthiness limitations section (ALS). 

After the AMP is revised, the MCAI 

does not require recording AD 

compliance on a continued basis each 

time a task in the revised AMP is 

performed. Because the AMP is not 

required for U.S. operators and the ALS 

specified in the MCAI includes 

additional tasks that do not address the 

unsafe condition, this AD establishes a 

life limit for the affected propeller 

gearbox tooth belt by requiring that it be 

removed from service after 5 years. 

Operators are required to record AD 

compliance each time an affected 

propeller gearbox tooth belt reaches its 

life limit and is replaced. 

Stemme Service Bulletin Doc. No. 

P062–980049, Revision 00, dated May 

27, 2020, requires reporting information 

to Stemme AG, and this AD does not. 

Costs of Compliance 

The FAA estimates that this AD 

affects 3 gliders of U.S. registry. The 

FAA estimates that it will take 4 work 

hours to replace the propeller gearbox 

tooth belt and require a part costing 

$300. The average labor rate is $85 per 

work hour. Based on these figures, the 

FAA estimates the cost to replace the 

propeller gearbox tooth belt on U.S. 

operators to be $1,920 or $640 per 

glider, every 5 years. 

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. 

For the reasons discussed above, I 

certify this AD. 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Will not affect intrastate aviation 

in Alaska, and 

(3) Will 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 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. 


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3928 Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Rules and Regulations 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2022–03–07 Stemme AG: Amendment 39– 

21924; Docket No. FAA–2021–1010; 

Project Identifier MCAI–2020–00807–G. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective March 2, 2022. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Stemme AG TSA–M 

Model S6 and S6–RT gliders, all serial 

numbers, certificated in any category, with a 

propeller gearbox tooth belt marked 

‘‘Synchroforce Carbon’’ installed. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 6100, Propeller System. 

(e) Unsafe Condition 

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 

describes the unsafe condition as a new 

version of the propeller gearbox tooth belt 

with a reduced life limit. The FAA is issuing 

this AD to prevent a propeller gearbox tooth 

belt remaining in service beyond its fatigue 

life. The unsafe condition, if not addressed, 

could result in failure of the propeller 

gearbox tooth belt and reduced control of the 

glider. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

Before the propeller gearbox tooth belt 

accumulates 5 years since installation on a 

glider or within 30 days after the effective 

date of this AD, whichever occurs later, and 

thereafter at intervals not to exceed 5 years, 

remove the propeller gearbox tooth belt from 

service and install a propeller gearbox tooth 

belt with zero hours time-in-service. 

(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 certification office, 

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 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: 

jim.rutherford@faa.gov. 

(2) Refer to European Union Aviation 

Safety Agency (EASA) AD 2020–0140, dated 

June 23, 2020, for more information. You 

may examine the EASA AD in the AD docket 

at https://www.regulations.gov by searching 

for and locating Docket No. FAA–2021–1010. 

(j) Material Incorporated by Reference 

None. 

Issued on January 20, 2022. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–01479 Filed 1–25–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1910 

[Docket No. OSHA–2020–0007] 

RIN 1218–AD42 

COVID–19 Vaccination and Testing; 

Emergency Temporary Standard 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Interim final rule; withdrawal. 

SUMMARY: OSHA is withdrawing the 

November 5, 2021, emergency 

temporary standard (ETS) which was 

issued to protect unvaccinated 

employees of large employers (100 or 

more employees) from the risk of 

contracting COVID–19 by strongly 

encouraging vaccination. 

DATES: The withdrawal is effective 

January 26, 2022. 

ADDRESSES: In accordance with 28 

U.S.C. 2112(a), the agency designates 

Edmund C. Baird, Associate Solicitor of 

Labor for Occupational Safety and 

Health, Office of the Solicitor, U.S. 

Department of Labor, to receive 

petitions for review of this agency 

action. Service can be accomplished by 

email to zzSOL-Covid19-ETS@dol.gov. 

FOR FURTHER INFORMATION CONTACT: 

General information and press 

inquiries: Contact Frank Meilinger, 

Director, Office of Communications, 

U.S. Department of Labor; telephone 

(202) 693–1999; email 

meilinger.francis2@dol.gov. 

For technical inquiries: Contact 

Andrew Levinson, Directorate of 

Standards and Guidance, U.S. 

Department of Labor; telephone (202) 

693–1950. 

SUPPLEMENTARY INFORMATION: 

I. Background and Rationale for 

Withdrawal 

On November 5, 2021, OSHA adopted 

an emergency temporary standard (the 

Vaccination and Testing ETS), under 

sections 4, 6(c), and 8 of the 

Occupational Safety and Health Act of 

1970 (29 U.S.C. 653, 655(c), 657), to 

protect unvaccinated employees of large 

employers (100 or more employees) 

from the risk of contracting COVID–19 

by strongly encouraging vaccination (86 

FR 61402). The Vaccination and Testing 

ETS required covered employers to 

develop, implement, and enforce a 

mandatory COVID–19 vaccination 

policy, with an exception for employers 

that instead adopted a policy requiring 

employees to either get vaccinated or 

elect to undergo regular COVID–19 

testing and wear a face covering at work 

in lieu of vaccination. That ETS also 

serves as a ‘‘proposed rule’’ for a 

‘‘proceeding’’ to promulgate an 

occupational safety or health standard. 

29 U.S.C. 655(c)(3); see 29 U.S.C. 655(b). 

On January 13, 2022, the U.S. 

Supreme Court stayed the Vaccination 

and Testing ETS, finding that 

challengers were likely to prevail on 

their claims. Nat’l Fed’n of Indep. Bus. 

v. Dep’t of Labor, 595 U.S. __, __(2022) 

(per curium) (slip op. at 5, 9). After 

evaluating the Court’s decision, OSHA 

is withdrawing the Vaccination and 

Testing ETS as an enforceable 

emergency temporary standard. To the 

extent that this withdrawal is not 

already generally exempt from the 

notice and comment requirements of the 

Administrative Procedure Act and the 

OSH Act, OSHA finds good cause that 

the opportunity for public comment on 

this withdrawal is impracticable, 

unnecessary, and contrary to the public 

interest within the meaning of 5 U.S.C. 

553(b)(B), and 29 U.S.C. 655(b) because 

it would unnecessarily delay the 

resolution of ambiguity for employers 

and workers alike. This agency action 

becomes effective immediately both 

because there is good cause and because 

the action removes a requirement on the 

regulated community. 5 U.S.C. 

553(d)(1), (3). 

Although OSHA is withdrawing the 

Vaccination and Testing ETS as an 

enforceable emergency temporary 

standard, OSHA is not withdrawing the 

ETS to the extent that it serves as a 

proposed rule under section 6(c)(3) of 

the Act, and this action does not affect 

the ETS’s status as a proposal under 

section 6(b) of the Act or otherwise 


khammond on DSKJM1Z7X2PROD with RULES