[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Rules and Regulations]
[Pages 15036-15038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06949]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0284; Product Identifier 2018-CE-014-AD; Amendment 
39-19246; AD 2018-07-15]
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: We are adopting a new airworthiness directive (AD) for 
XtremeAir GmbH Model XA42 airplanes equipped with an engine mount part 
number XA42-7120-151. This AD results from 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 strut of the engine mount frame. We are issuing this AD 
to require actions to address the unsafe condition on these products.

DATES: This AD is effective April 30, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of April 30, 
2018.
    We must receive comments on this AD by May 24, 2018.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://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 view 
this referenced service

[[Page 15037]]

information at the FAA, Policy and Innovation Division, 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 http://www.regulations.gov by searching for locating 
Docket No. FAA-2018-0284.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0284; 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, the regulatory evaluation, any comments received, and other 
information. The street address for the Docket Office (telephone (800) 
647-5527) is in the ADDRESSES section. 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 European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
AD No. 2018-0050-E, dated March 2, 2018 (referred to after this as 
``the MCAI''), to correct an unsafe condition for XtremeAir GmbH Model 
XA42 airplanes. The MCAI states:

    During a scheduled maintenance inspection of an XA42 aeroplane, 
a crack was detected on a diagonal strut of engine mount frame P/N 
XA42-7120-151.
    This condition, if not detected and corrected, could lead to 
crack growth and subsequently partial or complete failure of the 
structural joint, possibly resulting in in-flight detachment of the 
engine and consequent loss of control of the aeroplane, and/or 
injury to persons on the ground.
    Prompted by this finding, XtremeAir issued the SB to provide 
inspection instructions.
    For the reason described above, this [EASA] AD requires 
repetitive inspections of the affected part and, depending on 
findings, replacement.
    This [EASA] AD is considered interim action and further AD 
action may follow.

You may examine the MCAI on the internet at http://www.regulations.gov 
by searching for and locating Docket No. FAA-2018-0284.

Related Service Information Under 1 CFR Part 51

    XtremeAir GmbH has issued XtremeAir Mandatory Service Bulletin SB-
XA42-2018-006, Issue A.00, dated March 2, 2018. The service information 
describes procedures for inspection of the engine mount for cracks and 
replacement of the engine mount if necessary. 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 of the AD.
    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 our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are issuing this AD because we 
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. Therefore, we determined 
that notice and opportunity for public comment before issuing this AD 
are impracticable and 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 we did not precede it by notice and opportunity for public 
comment. We invite 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-2018-0284; Directorate 
Identifier 2018-CE-014-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD will affect 13 products of U.S. registry. 
We also estimate that it would take about .5 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour.
    Based on these figures, we estimate the cost of the AD on U.S. 
operators to be $552.50, or $42.50 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 24 work-hours and require parts costing $5,000, for a cost 
of $7,040.00 per product. We have no way of determining the number of 
products that may need these actions.

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.
    We are 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 is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to small airplanes, gliders, 
balloons, airships, domestic business jet transport airplanes, and 
associated appliances to the Director of the Policy and Innovation 
Division.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under

[[Page 15038]]

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,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

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 adding the following new AD:

2018-07-15 XtremeAir GmbH: Amendment 39-19246; Docket No. FAA-2018-
0284; Directorate Identifier 2018-CE-014-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective April 30, 
2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to XtremeAir GmbH Model XA42 airplanes, all 
serial numbers, that are:
    (1) Equipped with an engine mount part number (P/N) XA42-7120-
151; and
    (2) 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 strut of the engine mount frame. We are issuing this AD 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.

(f) Actions and Compliance

    Unless already done, do the following actions in paragraphs 
(f)(1) through (4) of this AD.
    (1) Before the next acrobatic flight after April 30, 2018 (the 
effective date of this AD) or within 50 hours time-in-service after 
the installation of P/N XA42-7120-151 engine mount on the airplane, 
whichever occurs later, and repetitively thereafter at intervals not 
to exceed 10 acrobatic flight hours, inspect the engine mount 
following the Accomplishment Instructions in XtremeAir Mandatory 
Service Bulletin SB-XA42-2018-006, Issue A.00, dated March 2, 2018.
    (2) After the initial inspection required in paragraph (f)(1) of 
this AD, acrobatic flight hours must be recorded in the maintenance 
records. For the purpose of this AD, we define acrobatic flight as 
``flight during which a load factor of 6g is exceeded.''
    (3) If a crack is found during any inspection required in 
paragraph (f)(1) of this AD, before further flight, replace the 
engine mount with a serviceable part following the Accomplishment 
Instructions in XtremeAir Mandatory Service Bulletin SB-XA42-2018-
006, Issue A.00, dated March 2, 2018. Replacement of the engine 
mount does not eliminate the repetitive inspection requirement in 
paragraph (f)(1) of this AD.
    (4) After the effective date of this AD, you may install a new 
or used P/N XA42-7120-151 engine mount on the airplane. The used P/N 
XA42-7120-151 engine mount must be inspected as specified in 
paragraph (f)(1) of this AD and found free of cracks before 
installation on the airplane. The repetitive inspection requirement 
in paragraph (f)(1) of this AD still applies.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) 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 Division, 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.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, Small Airplane 
Standards Branch, FAA; or the European Aviation Safety Agency 
(EASA).

(h) Special Flight Permit

    A special flight permit is allowed for this AD per 14 CFR 39.23 
with the following limitations: Acrobatic flights are prohibited.

(i) Related Information

    Refer to MCAI, EASA AD No. 2018-0050-E, dated March 2, 2018, for 
related information. You may examine the MCAI on the internet at 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2018-0284.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) 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 Mandatory Service Bulletin SB-XA42-2018-006, Issue 
A.00, dated March 2, 2018.
    (ii) Reserved.
    (3) For XtremeAir 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, Policy and 
Innovation Division, 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 http://www.regulations.gov by searching for locating Docket No. FAA-2018-
0284.
    (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, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on March 30, 2018.
Pat Mullen,
Acting Deputy Director, Policy & Innovation Division, Aircraft 
Certification Service.
[FR Doc. 2018-06949 Filed 4-6-18; 8:45 am]
 BILLING CODE 4910-13-P