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[Federal Register Volume 78, Number 227 (Monday, November 25, 2013)]
[Rules and Regulations]
[Pages 70209-70211]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27920]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0998; Directorate Identifier 2013-CE-047-AD; 
Amendment 39-17674; AD 2013-23-19]
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. 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 cracks in a weld seam between the lower left landing gear 
attachment bearing and the lower engine mount to the firewall 
attachment plate, which could reduce the structural integrity of the 
airplane and could result in engine separation. We are issuing this AD 
to require actions to address the unsafe condition on these products.

DATES: This AD is effective November 25, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of November 25, 
2013.
    We must receive comments on this AD by January 9, 2014.

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, D-39444 Hecklingen, Germany; phone: +49 39267 
60999 0; fax: +49 39267 60999 20; email: airworthiness@xtremeair.de; 
Internet: http://www.xtremeair.de. You may view this referenced service 
information at the FAA, Small Airplane Directorate, 901 Locust, Kansas 
City, Missouri 64106. For information on the availability of this 
material at the FAA, call (816) 329-4148.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA-
2013-0998; or in person at the Docket Management Facility 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: Karl Schletzbaum, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4123; fax: (816) 329-4090; email: 
karl.schletzbaum@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent

[[Page 70210]]

for the Member States of the European Community, has issued AD No.: 
2013-0264-E, dated October 29, 2013 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    A crack was reported by an operator in a weld seam between the 
lower left landing gear attachment bearing and the lower engine 
mount to firewall attachment plate. Further investigation showed 
that all engine mounts from a specific supplier may be affected.
    This condition, if not detected and corrected, could lead to 
engine separation of the aeroplane and could severely affect the 
structural integrity of the aeroplane.
    To address this unsafe condition, XtremeAir GmbH issued Service 
Bulletin SB-2013-008-A.03 to provide inspection and replacement 
instructions for the engine mount.
    For the reason described above, this AD requires repetitive 
inspection of engine mounts and, in case of findings, replacement of 
the engine mount.

You may examine the MCAI on the Internet at http://www.regulations.gov 
by searching for and locating it in Docket No. FAA-2013-0998.

Relevant Service Information

    XtremeAir GmbH has issued Mandatory Service Bulletin SB-2013-008, 
Version A.03, dated October 25, 2013. The actions described in this 
service information are intended to correct the unsafe condition 
identified in the MCAI.

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 
cracks in a weld seam between the lower left landing gear attachment 
bearing and the lower engine mount to the firewall attachment plate 
affects the structural integrity of the airplane and could lead to 
engine separation. 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-2013-0998; Directorate 
Identifier 2013-CE-047-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 1 product of U.S. registry. We 
also estimate that it will take about 4 work-hours 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 $340.
    In addition, we estimate that any necessary follow-on actions will 
take about 16 work-hours and require parts costing $4,057, for a cost 
of $5,417 per product.
    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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.

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

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:

2013-23-19 XtremeAir GmbH: Amendment 39-17674; Docket No. FAA-2013-
0998; Directorate Identifier 2013-CE-047-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective November 25, 
2013.

[[Page 70211]]

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to XtremeAir GmbH Model XA42 airplanes, all 
serial numbers, that:
    (1) Are certificated in any category; and
    (2) have engine mount part number (P/N) XA42-7120-151 
(manufactured by Szel-Tech), all serial numbers up to and including 
036, installed.

(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 correct an unsafe condition on an aviation 
product. The MCAI describes the unsafe condition as cracks in a weld 
seam between the lower left landing gear attachment bearing and the 
lower engine mount to the firewall attachment plate. We are issuing 
this AD to prevent failure of the engine mounts, which could cause 
reduced structural integrity of the airplane and could result in 
engine separation.

(f) Actions and Compliance

    Unless already done, do the following actions specified in 
paragraphs (f)(1) through (f)(3) of this AD.
    (1) Before further flight after November 25, 2013 (the effective 
date of this AD) inspect the welds on the engine mount part number 
(P/N) XA42-7120-151 (manufactured by Szel-Tech) for cracks following 
the Accomplishment Instructions in XtremeAir GmbH Mandatory Service 
Bulletin SB-2013-008, Ausgabe (English translation: Version) A.03, 
dated October 25, 2013. The replacement required in paragraph (f)(2) 
or (f)(3) of this AD may be done instead of the inspection provided 
it is done before further flight.
    (2) If, during the inspection required in paragraph (f)(1) of 
this AD, a crack is found, before further flight, replace the engine 
mount following the Accomplishment Instructions in XtremeAir GmbH 
Mandatory Service Bulletin SB-2013-008, Ausgabe (English 
translation: Version) A.03, dated October 25, 2013.
    (3) Unless the engine mount P/N XA42-7120-151 is replaced with a 
serviceable part as specified in paragraph (f)(2) of this AD, within 
the next 10 hours TIS after November 25, 2013 (the effective date of 
this AD), replace the engine mount following the Accomplishment 
Instructions in XtremeAir GmbH Mandatory Service Bulletin SB-2013-
008, Ausgabe (English translation: Version) A.03, dated October 25, 
2013. Acrobatic flight is prohibited during these 10 hours.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, 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: Karl Schletzbaum, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4123; fax: (816) 329-4090; 
email: karl.schletzbaum@faa.gov. 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) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

(h) Special Flight Permit

    Special flight permits are prohibited for this AD.

(i) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 
2013-0264-E, dated October 29, 2013, for related information. You 
may examine the MCAI on the Internet at http://www.regulations.gov 
by searching for and locating it in Docket No. FAA-2013-0998.

(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 GmbH Mandatory Service Bulletin SB-2013-008, 
Ausgabe (English translation: Version) A.03, dated October 25, 2013.
    (ii) Reserved.
    (3) For XtremeAir GmbH service information identified in this 
AD, contact XtremeAir GmbH, Harzstrasse 2, D-39444 Hecklingen, 
Germany; phone: +49 39267 60999 0; fax: +49 39267 60999 20; email: 
airworthiness@xtremeair.de; Internet: http://www.xtremeair.de.
    (4) You may view this referenced service information at the FAA, 
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. 
For information on the availability of this material at the FAA, 
call (816) 329-4148.
    (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 November 15, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-27920 Filed 11-22-13; 8:45 am]
BILLING CODE 4910-13-P
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