[Federal Register Volume 85, Number 123 (Thursday, June 25, 2020)]
[Rules and Regulations]
[Pages 38052-38055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13659]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0568; Project Identifier MCAI-2020-00505-A;
Amendment 39-21148; AD 2020-13-03]
RIN 2120-AA64
Airworthiness Directives; XtremeAir GmbH Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2018-07-15
for certain XtremeAir GmbH Model XA42 airplanes. This AD results from
[[Page 38053]]
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 cracking of the diagonal struts of the engine mount frame
with potential detachment of the engine from the airplane. The FAA is
issuing this AD to require actions to address the unsafe condition on
these products.
DATES: This AD is effective July 15, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of July 15,
2020.
The FAA must receive comments on this AD by August 10, 2020.
ADDRESSES: You may send comments 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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this AD, contact XtremeAir
GmbH, Harzstrasse 2, Am Flughafen Cochstedt, D-39444 Hecklingen,
Germany; phone: +49 39267 60999 0; fax: +49 39267 60999 20; email:
[email protected]; internet: https://www.xtremeair.com. You may review
copies of the referenced service information at the FAA, Airworthiness
Products Section, Operational Safety Branch, 901 Locust, Kansas City,
Missouri 64106. For information on the availability of this material at
the FAA, call (816) 329-4148. It is also available on the internet at
https://www.regulations.gov by searching for locating Docket No. FAA-
2020-0568.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0568; 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 AD, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer,
FAA, Policy and Innovation Divsion, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued AD 2018-07-15, Amendment 39-19246 (83 FR 15036;
April 9, 2018) (``AD 2018-07-15'') to address an unsafe condition on
XtremeAir GmbH Model XA42 airplanes equipped with an engine mount part
number XA42-7120-151. AD 2018-07-15 required repetitive inspections of
the engine mount strut junction for cracks and was based on MCAI
originated by an aviation authority of another country. The FAA issued
AD 2018-07-15 to detect and address cracking of the engine mount frame,
which could lead to detachment of the engine in-flight and result in
loss of control.
Actions Since AD 2018-07-15 Was Issued
Since the FAA issued AD 2018-07-15, during a scheduled maintenance
inspection of a Model XA42 airplane, an occurrence was reported of
separation of both left-hand and right-hand diagonal struts of the
engine mount frame.
The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Community,
superseded its MCAI and issued EASA AD No. 2019-0239R1, dated December
18, 2019 (referred to after this as ``the MCAI''), to correct this
unsafe condition for XtremeAir GmbH Model XA42 airplanes. The MCAI
states:
After that AD [EASA Emergency AD 2018-0050-E] was issued, during
a scheduled maintenance inspection of an XA42 airplane, an
occurrence was reported of separation of both left-hand and right-
hand diagonal struts of the affected part.
This condition, if not detected and corrected, could lead to in-
flight detachment of the engine, possibly resulting in loss of
control of the airplane.
Prompted by this new finding, XtremeAir issued the SB [XtremeAir
Service Bulletin SB-XA42-2019-008, Issue A.00] to provide
limitations and inspection instructions. Consequently, EASA issued
Emergency AD 2019-0239-E, retaining the requirements of EASA
Emergency AD 2018-0050-E, which was superseded, reducing the
inspection interval to each pre-flight check and requiring an
Aircraft Flight Manual (AFM) limitation to prohibit aerobatic
manoeuvers, and installation of a corresponding placard.
Since that AD was issued, the investigations were completed, and
based on the outcome, XtremeAir revised the SB (now at revision
B.00), providing instructions to accomplish the repetitive
inspections at a different regime.
For the reason described above, this AD is revised accordingly
to update the inspection interval, and to allow the removal of the
prohibition to accomplish aerobatic manoeuvers.
This AD is still considered an interim action and further AD
action may follow.
You may examine the MCAI on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0568.
Relative Service Information Under 1 CFR Part 51
The FAA reviewed XtremeAir GmbH Mandatory Service Bulletin SB-XA42-
2019-008, Issue B.00, dated December 4, 2019. The service information
contains procedures for inspection of the area of the junction of the
left-hand and right-hand diagonal struts of the engine mount, forward
of the oil cooler, for cracks. 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 the
ADDRESSES section.
FAA's Determination and Requirements of the AD
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 evaluated all information provided by the State of Design
Authority and determined the unsafe condition exists and is likely to
exist or develop on other products of the same type design.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because
cracking of the engine mount frame could lead to in-flight detachment
of the engine and result in loss of control of the airplane. AD 2018-
07-15 only required an inspection of the left-hand diagonal strut.
Since AD 2018-07-15 was issued, an occurrence was reported of
separation of both the left-hand and right-hand diagonal struts of the
engine mount frame. The
[[Page 38054]]
additional inspection required by this AD is necessary to detect cracks
in the right-hand diagonal strut of the engine mount frame. Therefore,
the FAA finds that notice and opportunity for public comment before
issuing this AD are impracticable. In addition, for the reasons stated
above, the FAA finds that good cause exists for making this amendment
effective in fewer than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and the FAA did not precede it by notice and opportunity for
public comment. The FAA invites you to send any written relevant data,
views, or arguments about this AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2020-0568;
Project Identifier MCAI-2020-00505-A'' at the beginning of your
comments. The FAA specifically invites comments on the overall
regulatory, economic, environmental, and energy aspects of this AD. The
FAA will consider all comments received by the closing date and may
amend this AD because of those comments.
The FAA will post all comments we receive, without change, to
https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact received about this AD.
Costs of Compliance
The FAA estimates that this AD will affect 16 products of U.S.
registry. The FAA also estimates that it will take 0.5 work-hour per
product per inspection cycle to inspect the diagonal struts of the
engine mount. The average labor rate is $85 per work-hour. Required
parts would cost about $0 per product.
Based on these figures, the FAA estimates the cost of the
inspection on U.S. operators to be $680.00 or $42.50 per product per
inspection cycle.
In addition, the FAA estimates that replacing an engine mount, if
necessary, will take 24 work-hours and require parts costing $5,000,
for a cost of $7,040 per product. The FAA has no way of determining the
number of products that may need this action.
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 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 notice and comment,
RFA analysis is not required.
Regulatory Findings
The FAA determined that 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.
Adoption of 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
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 2018-07-15, Amendment 39-19246 (83
FR 15036, April 9, 2018); and
0
b. Adding the following new AD:
2020-13-03 XtremeAir GmbH Airplanes: Amendment 39-21148; Docket No.
FAA-2020-0568; Project Identifier MCAI-2020-00505-A.
(a) Effective Date
This airworthiness directive (AD) becomes effective July 15,
2020.
(b) Affected ADs
This AD replaces AD 2018-07-15, Amendment 39-19246 (83 FR 15036,
April 9, 2018).
(c) Applicability
This AD applies to XtremeAir GmbH Model XA42 airplanes, all
serial numbers, certificated in any category.
(d) Subject
Air Transport Association of America (ATA) Code 71: Power Plant.
(e) Reason
This AD was prompted by mandatory continuing airworthiness
information (MCAI) issued by the aviation authority of another
country to identify and address an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as cracking of the
diagonal struts of the engine mount frame. The FAA is issuing this
AD to prevent the in-flight detachment of the engine, which could
result in loss of control of the airplane.
(f) Actions and Compliance
For airplanes with an engine mount part number (P/N) XA42-7120-
151 installed, unless already done, do the following actions in
paragraphs (f)(1) and (2) of this AD.
(1) Before the next acrobatic flight after July 15, 2020 (the
effective date of this AD) or before the engine mount accumulates 50
hours time-in-service (TIS), whichever occurs later, and thereafter
at intervals not to exceed 10 acrobatic flights, visually inspect
the junction of the left-hand and right-hand diagonal struts of the
engine mount, forward of the oil cooler, for cracks in the area
shown in the photographs in XtremeAir GmbH Mandatory Service
Bulletin SB-XA42-2019-008, Issue B.00, dated December 4, 2019. For
purposes of this AD, an acrobatic flight is counted for each flight
during which a load factor of 6g is exceeded.
(i) If there is a crack, before further flight, replace the
engine mount with an airworthy engine mount with zero hours TIS, an
engine mount that has passed the inspection required by this AD, or
an engine mount that is not P/N XA42-7120-151.
(ii) After completing the initial inspection, begin or continue
to count the acrobatic flights and record in the maintenance
records.
(2) As of July 15, 2020 (the effective date of this AD), do not
install on the airplane an engine mount P/N XA42-7120-151 unless it
is an airworthy engine mount with zero hours TIS or is an engine
mount that has passed the inspection required by this AD.
(g) Installation Prohibition
For airplanes without engine mount P/N XA42-7120-151 installed,
as of July 15, 2020 (the effective date of this AD), do not install
engine mount P/N XA42-7120-151.
[[Page 38055]]
(h) Alternative Methods of Compliance (AMOCs)
The Manager, Small Airplane Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send information to ATTN: Jim
Rutherford, Aerospace Engineer, FAA, Policy and Innovation Divsion,
901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816)
329-4165; fax: (816) 329-4090; email: [email protected]. Before
using any approved AMOC on any airplane to which the AMOC applies,
notify your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
(i) Special Flight Permit
Special flight permits are prohibited.
(j) Related Information
Refer to MCAI European Union Aviation Safety Agency AD No. 2019-
0239R1, dated December 18, 2019, for related information. You may
examine the MCAI on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0568.
(k) 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 the AD specifies otherwise.
(i) XtremeAir GmbH Mandatory Service Bulletin SB-XA42-2019-008,
Issue B.00, dated December 4, 2019.
(ii) [Reserved]
(3) For XtremeAir GmbH service information identified in this
AD, contact XtremeAir GmbH, Harzstrasse 2, Am Flughafen Cochstedt,
D-39444 Hecklingen, Germany; phone: +49 39267 60999 0; fax: +49
39267 60999 20; email: [email protected]; internet: https://www.xtremeair.com.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901
Locust, Kansas City, Missouri 64106. For information on the
availability of this material at the FAA, call (816) 329-4148. It is
also available on the internet at https://www.regulations.gov by
searching for locating Docket No. FAA-2020-0568.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on June 10, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-13659 Filed 6-24-20; 8:45 am]
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