
[Federal Register: April 9, 2009 (Volume 74, Number 67)]
[Rules and Regulations]               
[Page 16117-16121]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ap09-7]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0329; Directorate Identifier 2009-CE-020-AD; 
Amendment 39-15878; AD 2009-08-05]
RIN 2120-AA64

 
Airworthiness Directives; Liberty Aerospace Incorporated Model 
XL-2 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 certain 
Liberty Aerospace Incorporated Model XL-2 airplanes. This AD requires 
you to repetitively inspect the exhaust muffler for cracks and to 
replace the exhaust muffler when cracks are found. This AD is the 
result of reports that cracks have been found in the exhaust muffler 
during maintenance and service inspections. We are issuing this AD to 
detect and correct cracks in the exhaust muffler, which could result in 
carbon monoxide entering the cabin through the heating system. Carbon 
monoxide entering into the airplane cabin could lead to incapacitation 
of the pilot.

[[Page 16118]]


DATES: This AD becomes effective on April 20, 2009.
    On April 20, 2009, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in this 
AD.
    We must receive any comments on this AD by June 8, 2009.

ADDRESSES: Use one of the following addresses to comment on this AD.
     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.
    To get the service information identified in this AD, contact 
Liberty Aerospace, 100 Aerospace Drive, Melbourne, Florida 32901; 
telephone: (321) 752-0332 or (800) 759-5953; fax: (321) 752-0377; 
Internet: http://www.libertyaircraft.com.
    To view the comments to this AD, go to http://www.regulations.gov. 
The docket number is FAA-2009-0329; Directorate Identifier 2009-CE-020-
AD.

FOR FURTHER INFORMATION CONTACT: 

--Corey Spiegel, Aerospace Engineer, Atlanta Aircraft Certification 
Office, One Crown Center, 1895 Phoenix Blvd., Suite 450, Atlanta, 
Georgia 30349; telephone: (770) 703-6045; facsimile: (770) 703-6097; e-
mail: corey.spiegel@faa.gov; or
--Cindy Lorenzen, Aerospace Engineer, Atlanta Aircraft Certification 
Office, One Crown Center, 1895 Phoenix Blvd., Suite 450, Atlanta, 
Georgia 30349; telephone: (770) 703-6078; facsimile: (770) 703-6097; e-
mail: cindy.lorenzen@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    We received reports of cracks found in the exhaust mufflers of 
Liberty Aerospace Incorporated (Liberty Aerospace) Model XL-2 
airplanes. One crack was found during maintenance, which prompted 
Liberty Aerospace to publish service information requesting the exhaust 
mufflers be inspected for cracks on all Model XL-2 airplanes. Seven 
additional cracks have been found during these service inspections.
    Investigation is ongoing to determine what is causing the exhaust 
mufflers to crack. Excessive vibration caused by improper propeller 
clocking position may be a contributing factor.
    This condition, if not corrected, could result in carbon monoxide 
entering the cabin through the heating system and cause incapacitation 
of the pilot.

Relevant Service Information

    We reviewed Liberty Aerospace, Inc. Service Document Critical 
Service Bulletin (CSB) CSB-09-001, Revision Level B, Revised on March 
18, 2009. The service information describes procedures for inspecting 
the exhaust muffler for cracks and replacing the exhaust muffler when 
cracks are found.

FAA's Determination and Requirements of This AD

    We are issuing this AD because we evaluated all the information and 
determined the unsafe condition described previously is likely to exist 
or develop on other products of the same type design. This AD requires 
repetitively inspecting the exhaust muffler for cracks and replacing 
the exhaust muffler when cracks are found. This AD also requires 
inspecting the propeller for proper clocking position and correcting 
any discrepancies found.
    Liberty Aerospace is reviewing the information related to the 
occurrences referenced in this AD and may develop a modification that, 
when incorporated, would eliminate the need for the repetitive 
inspections required by this AD. The FAA will review any modification 
that is developed, determine whether it would eliminate the need for 
the requirements of this action, and then determine whether additional 
AD action is necessary.

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 the exhaust muffler could result in carbon monoxide entering 
the cabin through the heating system. Carbon monoxide entering into the 
airplane cabin could lead to incapacitation of the pilot. 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 an opportunity for 
public comment. We invite you to send any written relevant data, views, 
or arguments regarding this AD. Send your comments to an address listed 
under the ADDRESSES section. Include the docket number ``FAA-2009-0329; 
Directorate Identifier 2009-CE-020-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD. We will consider 
all comments received by the closing date and may amend the AD in light 
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 concerning this AD.

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 DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities

[[Page 16119]]

under the criteria of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket that contains the AD, the regulatory 
evaluation, any comments received, and other information on the 
Internet at http://www.regulations.gov; or in person at the Docket 
Management Facility between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Office (telephone (800) 647-5527) 
is located at the street address stated in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
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 airworthiness 
directive (AD):

2009-08-05 Liberty Aerospace Incorporated: Amendment 39-15878; 
Docket No. FAA-2009-0329; Directorate Identifier 2009-CE-020-AD.

Effective Date

    (a) This AD becomes effective on April 20, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model XL-2 airplanes, serial numbers 
0007, 0009, and subsequent, that are certificated in any category.

Unsafe Condition

    (d) This AD is the result of reports that eight cracks have been 
found in the exhaust muffler during maintenance and service 
inspections. We are issuing this AD to detect and correct cracks in 
the exhaust muffler, which could result in carbon monoxide entering 
the cabin heating system. This condition could lead to 
incapacitation of the pilot.

Compliance

    (e) To address this problem, you must do the following, unless 
already done:

----------------------------------------------------------------------------------------------------------------
             Actions                             Compliance                              Procedures
----------------------------------------------------------------------------------------------------------------
(1) Inspect the following:         Initially inspect within the next 10    Follow Liberty Aerospace, Inc.
(i) The exhaust muffler for         hours time-in-service (TIS) after       Service Document Critical Service
 cracks. There are two different    April 20, 2009 (the effective date of   Bulletin (CSB) CSB-09-001, Revision
 exhaust systems available for      this AD) or at the next annual          Level B, Revised on March 18, 2009.
 the affected airplanes. They       inspection, whichever occurs first.
 are:.                              Repetitively inspect the exhaust
(A) Standard exhaust system, part   muffler thereafter as specified in
 number (P/N) DEL200201-002 that    paragraph (e)(5) of this AD.
 incorporates muffler P/N
 DEL200201-101; and.
(B) Reduced sound exhaust system,
 P/N DEL200201-003 that
 incorporates muffler P/N 200201-
 104..
    (ii) The tail pipe and the
     tail pipe opening in the
     lower cowl for a 0.5-inch
     minimum clearance.
    (iii) Inspect the propeller
     for proper propeller
     clocking position.
(2) As a result of the             Before further flight after the         As specified in Liberty Aerospace,
 inspections required in            inspection required in paragraph        Inc. Service Document Critical
 paragraphs (e)(1)(ii) and          (e)(1) of this AD.                      Service Bulletin (CSB) CSB-09-001,
 (e)(1)(iii) of this AD:                                                    Revision Level B, Revised on March
(i) If the clearance between the                                            18, 2009.
 tail pipe and the tail pipe
 opening is less than the
 required 0.5-inch minimum, trim
 the lower cowl as needed to
 achieve the minimum clearance..
    (ii) If there is a
     discrepancy in the propeller
     clocking position, remove
     and reinstall the propeller
     at the correct position.
(3) As a result of the initial     Before further flight after the         Follow Liberty Aerospace, Inc.
 inspection required in paragraph   initial inspection required in          Service Document Critical Service
 (e)(1)(i) of this AD or any        paragraph (e)(1) of this AD and         Bulletin (CSB) CSB-09-001, Revision
 repetitive inspection required     before further flight after any         Level B, Revised on March 18, 2009.
 in paragraph (e)(5) of this AD,    repetitive inspection required in
 if a crack is found, replace the   paragraph (e)(5) of this AD.
 exhaust muffler.
(i) The manufacturer will provide
 the replacement exhaust system..
    (ii) A reduced sound exhaust
     system may be replaced with
     a standard exhaust system.
    (iii) Installing a reduced
     sound exhaust system as a
     replacement part also
     requires installing a bypass
     SCAT tube and a ``Do Not
     Use'' placard on or near the
     heater knob.

[[Page 16120]]


(4) If the airplane is equipped    Within the next 10 hours TIS after      Follow Liberty Aerospace, Inc.
 with a reduced sound exhaust       April 20, 2009 (the effective date of   Service Document Critical Service
 system and no cracks are found     this AD.                                Bulletin (CSB) CSB-09-001, Revision
 during the initial inspection                                              Level B, Revised on March 18, 2009.
 required in paragraph (e)(1) of
 this AD, install a bypass SCAT
 tube and a ``Do Not Use''
 placard on or near the heater
 knob.
(5) If no cracks are found in the  (i) For airplanes equipped with a       Follow Liberty Aerospace, Inc.
 exhaust muffler during the         standard exhaust system and the         Service Document Critical Service
 initial inspection required in     optional bypass SCAT tube has not       Bulletin (CSB) CSB-09-001, Revision
 paragraph (e)(1) of this AD or     been installed, repetitively inspect    Level B, Revised on March 18, 2009.
 if the exhaust muffler was         thereafter every 25 hours TIS or
 replaced as required in            every 12 months, whichever occurs
 paragraph (e)(3) of this AD,       first.
 repetitively inspect thereafter   (ii) For airplanes equipped with a
 at the intervals specified in      standard exhaust system and the
 paragraphs (e)(5)(i),              optional bypass SCAT tube has been
 (e)(5)(ii), and (e)(5)(iii) of     installed, repetitively inspect
 this AD.                           thereafter every 50 hours TIS or
                                    every 12 months, whichever occurs
                                    first.
                                   (iii) For airplanes equipped with a
                                    reduced sound exhaust system and the
                                    required bypass SCAT tube has been
                                    installed, repetitively inspect
                                    thereafter every 50 hours TIS or
                                    every 12 months, whichever occurs
                                    first.
(6) Report the results of the      Within 10 days after each inspection    Use the form (Figure 1 of this AD)
 following inspections required     required by this AD.                    and submit it to FAA, Atlanta
 in this AD to the FAA.                                                     Aircraft Certification Office, One
(i) Initial inspection required                                             Crown Center, 1895 Phoenix Blvd.,
 in paragraph (e)(1) of this AD..                                           Suite 450, Atlanta, Georgia 30349.
(ii) Repetitive inspections
 required in paragraph (e)(5) of
 this AD only if cracks are
 found..
    (iii) The Office of
     Management and Budget (OMB)
     approved the information
     collection requirements
     contained in this regulation
     under the provisions of the
     Paperwork Reduction Act of
     1980 (44 U.S.C. 3501 et
     seq.) and assigned OMB
     Control Number 2120-0056.
----------------------------------------------------------------------------------------------------------------


------------------------------------------------------------------------

------------------------------------------------------------------------
                     AD 2009-08-05 Inspection Report
------------------------------------------------------------------------
Airplane Serial Number
------------------------------------------------------------------------
Airplane Tach Hours at time of
 inspection
------------------------------------------------------------------------
Propeller type (circle one)         MT                 Sensenich
------------------------------------------------------------------------
Propeller Tach Hours at time of
 inspection
------------------------------------------------------------------------
Exhaust Type (circle one)           Standard           Reduced Sound
------------------------------------------------------------------------
Is Exhaust Cracked? (circle one)    Yes                No
------------------------------------------------------------------------
Did lower cowl require trimming at  Yes                No
 the tail pipe opening? (circle
 one) Not applicable after initial
 inspection.
------------------------------------------------------------------------
Did the propeller clocking          Yes                No
 position need to be corrected?
 (circle one) Not applicable after
 initial inspection.
------------------------------------------------------------------------
Were any other discrepencies
 noticed during the inspection?
------------------------------------------------------------------------
Name:
------------------------------------------------------------------------
Telephone and/or e-mail address:
------------------------------------------------------------------------
Date:
------------------------------------------------------------------------
     Send report to: Corey Spiegel, Aerospace Engineer, Atlanta ACO,
 One Crown Center, 1895 Phoenix Blvd., Suite 450, Atlanta Georgia 30349;
        facsimile: (770) 703-6097; email: corey.spiegel@faa.gov.

                                Figure 1
------------------------------------------------------------------------


[[Page 16121]]

Special Flight Permit

    (f) Under 14 CFR part 39.23, we are limiting the special flight 
permits for this AD by the following conditions:
    (1) The cabin heat turned off; and
    (2) The fresh air vents are open.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, Atlanta Aircraft Certification Office (ACO), 
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: Corey Spiegel, Aerospace Engineer, Atlanta ACO, One Crown 
Center, 1895 Phoenix Blvd., Suite 450, Atlanta, Georgia 30349. 
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.

Material Incorporated by Reference

    (h) You must use Liberty Aerospace, Inc. Service Document 
Critical Service Bulletin (CSB) CSB-09-001, Revision Level B, 
Revised on March 18, 2009, to do the actions required by this AD, 
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Liberty Aerospace, 100 Aerospace Drive, Melbourne, Florida 32901; 
telephone: (321) 752-0332 or (800) 759-5953; fax: (321) 752-0377; 
Internet: http://www.libertyaircraft.com.
    (3) You may review copies of the service information 
incorporated by reference for this AD at the FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the 
Central Region, call (816) 329-3768.
    (4) You may also review copies of the service information 
incorporated by reference for this AD 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/code_of_federal_regulations/
ibr_locations.html.

    Issued in Kansas City, MO, on April 3, 2009.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-8075 Filed 4-8-09; 8:45 am]

BILLING CODE 4910-13-P
