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
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:
info@xtremeair.de; 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:
jim.rutherford@faa.gov.

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 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

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:

a. Removing Airworthiness Directive 2018-07-15, Amendment 39-19246 (83
FR 15036, April 9, 2018); and

b. Adding the following new AD: