[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]
BILLING CODE 4910-13-P