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:
info@xtremeair.de; internet: https://www.xtremeair.com. You may view
this referenced 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.
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:
jim.rutherford@faa.gov.
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 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
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 AD:
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