Airworthiness Directives; XtremeAir GmbH Airplanes, 38052-38055 [2020-13659]
Download as PDF
<![CDATA[
38052
Federal Register / Vol. 85, No. 123 / Thursday, June 25, 2020 / Rules and Regulations
at the time the mortgage was originated.
To determine whether mortgages may be
counted under a particular family
income level (e.g., low- or very lowincome), the income of the mortgagor is
compared to the median income for the
area at the time the mortgage was
originated, using the appropriate
percentage factor provided under
§ 1281.1.
(b) No double-counting. A mortgage
may be counted only once toward the
achievement of the prospective
mortgage purchase housing goal, even if
it satisfies multiple criteria for the
prospective mortgage purchase housing
goal.
(c) Application of median income. For
purposes of determining an area’s
median income under § 1281.1, the area
is:
(1) The metropolitan area, if the
residence that secures the mortgage is in
a metropolitan area; and
(2) In all other areas, the county in
which the property is located, except
that where the State non-metropolitan
median income is higher than the
county’s median income, the area is the
State non-metropolitan area.
(d) Sampling not permitted.
Performance under the housing goals for
each year shall be based on a tabulation
of each mortgage during that year; a
sampling of such purchases is not
acceptable.
■ 6. Amend § 1282.13 by:
■ a. Revising paragraph (b)introductory
text, (b)(1) and (8);
■ b. Adding paragraph (c)(4);
■ c. Removing paragraph (d);
■ d. Redesignating paragraph (e) as
paragraph (d); and
■ e. Adding new paragraph (e).
The revisions and additions read as
follows:
§ 1281.13
Special counting requirements.
jbell on DSKJLSW7X2PROD with RULES
*
*
*
*
*
(b) Not counted. The following
transactions or activities shall not be
counted for purposes of the housing
goals, meaning that in calculating the
applicable percentage target level, they
shall be excluded from both the
numerator (i.e., AMA mortgages
acquired during the calendar year that
are for very low-income families, lowincome families, or families in lowincome areas) and the denominator (i.e.,
total AMA mortgages acquired during
the calendar year), even if the
transaction or activity would otherwise
be counted under paragraph (c) of this
section:
(1) Purchases of participation interests
in AMA mortgages from another Bank,
VerDate Sep<11>2014
16:57 Jun 24, 2020
Jkt 250001
except as provided in paragraph (e) of
this section;
*
*
*
*
*
(8) Purchases of subordinate lien
mortgages;
*
*
*
*
*
(c) * * *
(4) Non-conventional mortgages. The
purchase of a non-conventional singlefamily mortgage shall be treated as a
mortgage purchase for purposes of the
housing goals only if the mortgage was
acquired from a community-based AMA
user.
*
*
*
*
*
(e) Mortgage participation
transactions. Where two or more Banks
acquire a participation interest in the
same mortgage simultaneously, the
mortgage will be counted on a pro rata
basis for the prospective mortgage
purchase housing goal for each Bank
with a participation interest.
■ 7. Amend § 1281.14 by revising
paragraph (a) to read as follows:
§ 1281.14 Determination of compliance
with housing goals; notice of determination.
(a) Determination of compliance with
housing goals. On an annual basis,
FHFA will determine each Bank’s
performance under each housing goal
and will publish the final
determinations. FHFA will publish its
final determination including the
numbers and percentages for each
Bank’s AMA purchases that meet each
of the housing goals criteria, including
loans to low-income families, loans to
very low-income families, and loans to
families in low-income areas, including
by each of the defined categories.
FHFA’s determination will include
these numbers in total and separated
into purchase money mortgages,
refinancing mortgages, conventional
mortgages, and non-conventional
mortgages.
*
*
*
*
*
■ 8. Amend § 1281.15 by revising
paragraphs (a) and (b) to read as follows:
§ 1281.15
Housing plans.
(a) Housing plan requirement. For any
year after 2023, if the Director
determines that a Bank has failed to
meet any housing goal and that the
achievement of the housing goal was
feasible, the Director may require the
Bank to submit a housing plan for
approval by the Director.
(b) Nature of plan. If the Director
requires a housing plan, the housing
plan shall:
(1) Be feasible;
(2) Be sufficiently specific to enable
the Director to monitor compliance
periodically;
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
(3) Describe the specific actions that
the Bank will take to achieve the
housing goal for the next calendar year;
(4) Address any additional matters
relevant to the housing plan as required,
in writing, by the Director; and
(5) Address any alternative target
levels for which the Bank has submitted
a request under § 1281.11(c)(1).
*
*
*
*
*
■ 9. Revise Subpart C to read as follows:
Subpart C—Reporting Requirements
§ 1281.20
Reporting requirements.
(a) General. Each Bank must collect
and submit to FHFA any data that FHFA
determines to be necessary for FHFA to
evaluate transactions and activities
under the Bank housing goals.
(b) Reporting for prospective mortgage
purchase housing goal. Each Bank must
collect data on each AMA mortgage
purchased by the Bank. The data must
include any data elements specified by
FHFA. On no less frequent than an
annual basis, each Bank must submit
such data to FHFA in accordance with
the Data Reporting Manual.
(c) Reporting for small member
participation housing goal. Each Bank
must collect data on AMA user asset
size. On no less frequent than an annual
basis, each Bank must submit such data
to FHFA in accordance with the Data
Reporting Manual.
(d) Other reporting. Each Bank must
provide to FHFA such additional
reports, information, and data as FHFA
may request from time to time.
Mark A. Calabria,
Director, Federal Housing Finance Agency.
[FR Doc. 2020–12345 Filed 6–24–20; 8:45 am]
BILLING CODE 8070–01–P
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
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2018–07–
15 for certain XtremeAir GmbH Model
XA42 airplanes. This AD results from
SUMMARY:
E:\FR\FM\25JNR1.SGM
25JNR1
Federal Register / Vol. 85, No. 123 / Thursday, June 25, 2020 / Rules and Regulations
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.
jbell on DSKJLSW7X2PROD with RULES
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
VerDate Sep<11>2014
16:57 Jun 24, 2020
Jkt 250001
38053
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:
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.
Discussion
You may examine the MCAI on the
internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2020–0568.
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.
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
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
E:\FR\FM\25JNR1.SGM
25JNR1
38054
Federal Register / Vol. 85, No. 123 / Thursday, June 25, 2020 / Rules and Regulations
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.
jbell on DSKJLSW7X2PROD with RULES
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.
VerDate Sep<11>2014
16:57 Jun 24, 2020
Jkt 250001
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.
§ 39.13
[Amended]
2. The FAA amends § 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:
■
■
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
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.
E:\FR\FM\25JNR1.SGM
25JNR1
Federal Register / Vol. 85, No. 123 / Thursday, June 25, 2020 / Rules and Regulations
(h) Alternative Methods of Compliance
(AMOCs)
DEPARTMENT OF TRANSPORTATION
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:
jim.rutherford@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.
Federal Aviation Administration
(i) Special Flight Permit
(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
jbell on DSKJLSW7X2PROD with RULES
(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: info@
xtremeair.de; 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: fedreg.legal@nara.gov, or go to:
https://www.archives.gov/federal-register/cfr/
ibr-locations.html.
[FR Doc. 2020–13659 Filed 6–24–20; 8:45 am]
BILLING CODE 4910–13–P
VerDate Sep<11>2014
16:57 Jun 24, 2020
Jkt 250001
[Docket No. FAA–2020–0091; Product
Identifier 2020–NM–012–AD; Amendment
39–19916; AD 2020–11–12]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
The Boeing Company Model 737–8 and
737–9 airplanes. This AD was prompted
by a report that certain exterior fairing
panels on the top of the engine nacelle
and strut (the thumbnail fairing and mid
strut fairing panels) may not have the
quality of electrical bonding necessary
to ensure adequate shielding of the
underlying wiring from the
electromagnetic effects of high intensity
radiated fields (HIRF), which could
potentially lead to a dual-engine power
loss event and/or display of hazardously
misleading primary propulsion
parameters. This AD requires a detailed
inspection of the thumbnail fairing
panels and mid strut fairing panels for
excessive rework of the metallic
(aluminum foil) inner surface layer,
replacement of any excessively
reworked panels, and modification of
the thumbnail fairing assembly to
ensure adequate bonding. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective July 30,
2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of July 30, 2020.
ADDRESSES: For service information
identified in this final rule, contact
Boeing Commercial Airplanes,
Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC
110–SK57, Seal Beach, CA 90740–5600;
telephone 562–797–1717; internet
https://www.myboeingfleet.com. You
may view this service information at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available on the internet at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2020–0091.
SUMMARY:
Special flight permits are prohibited.
Issued on June 10, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
14 CFR Part 39
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
38055
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–
0091; 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 final rule,
any comments received, and other
information. The address for Docket
Operations is U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Christopher Baker, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206–
231–3552; email: christopher.r.baker@
faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain The Boeing Company
Model 737–8 and 737–9 airplanes. The
NPRM published in the Federal
Register on February 26, 2020 (85 FR
11000). The NPRM was prompted by a
report that certain exterior fairing panels
on the top of the engine nacelle and
strut (the thumbnail fairing and mid
strut fairing panels) may not have the
quality of electrical bonding necessary
to ensure adequate shielding of the
underlying wiring from the
electromagnetic effects of HIRF, which
could potentially lead to a dual-engine
power loss event and/or display of
hazardously misleading primary
propulsion parameters. The NPRM
proposed to require a detailed
inspection of the thumbnail fairing
panels and mid strut fairing panels for
excessive rework of the metallic
(aluminum foil) inner surface layer,
replacement of any excessively
reworked panels, and modification of
the thumbnail fairing assembly to
ensure adequate bonding.
The FAA is issuing this AD to address
this condition, which could result in a
forced off-airport landing or excessive
flightcrew workload.
Comments
The FAA gave the public the
opportunity to participate in developing
this final rule. The FAA received
comments from several organizations
and individuals. The following
discussion presents the comments
E:\FR\FM\25JNR1.SGM
25JNR1
]]>Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
