[Federal Register Volume 62, Number 250 (Wednesday, December 31, 1997)]
[Proposed Rules]
[Pages 68239-68241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-34046]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-81-AD]
RIN 2120-AA64


Airworthiness Directives; EXTRA Flugzeugbau GmbH Model EA-300 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to certain EXTRA Flugzeugbau GmbH (EXTRA) Model 
EA-300 airplanes. The proposed action would require removing the 
elevator mass balance and replacing it with a reinforced mass balance 
of improved design using new stop nuts. The proposed AD is the result 
of mandatory continuing airworthiness information (MCAI) issued by the 
airworthiness authority for Germany. The actions specified by the 
proposed AD are intended to prevent damage and possible jamming of the 
airplane's control system, which, if not corrected, could cause loss of 
control of the airplane.

DATES: Comments must be received on or before January 27, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 97-CE-81-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106. Comments may be inspected at this location 
between 8 a.m. and 4 p.m., Monday through Friday, holidays excepted.
    Service information that applies to the proposed AD may be obtained 
from EXTRA Flugzeugbau, GmbH, Schwarze Heide 21, 46569 Hunxe, Germany, 
telephone 49-2358-9137-0; facsimile 49-2858-9137-30. This information 
also may be examined at the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Karl M. Schletzbaum, Aerospace 
Engineer, Small Airplane Directorate, Aircraft Certification Service, 
1201 Walnut, suite 900, Kansas City, Missouri 64106, telephone (816) 
426-6932; facsimile (816) 426-2169.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications should identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report that summarizes each FAA-public contact concerned 
with the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 97-CE-81-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Central Region, Office of the Regional Counsel, Attention: 
Rules Docket No. 97-CE-81-AD, Room 1558, 601 E. 12th Street, Kansas 
City, Missouri 64106.

Discussion

    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for

[[Page 68240]]

Germany, recently notified the FAA that an unsafe condition may exist 
on certain EXTRA Model EA-300 airplanes. The LBA reports that during 
routine inspections, inspectors found cracks at the elevator mass 
balance support. These conditions, if not detected and corrected, could 
result in jamming of the airplane's control system causing loss of 
control of the airplane.

Relevant Service Information

    EXTRA has issued EA-300, Elevator Mass Balance Service Bulletin No. 
300-1-92, Issue A, dated March 27, 1992, which specifies procedures for 
inspecting the elevator mass balance attachment plate and replacing the 
elevator mass balance with a reinforced mass balance of improved 
design.
    The LBA classified this service bulletin as mandatory and issued 
German AD 92-199 EXTRA, dated April 13, 1992, in order to assure the 
continued airworthiness of these airplanes in Germany.

The FAA's Determination

    This airplane model is manufactured in Germany and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the LBA has kept the FAA informed of 
the situation described above.
    The FAA has examined the findings of the LBA, reviewed all 
available information, and determined that AD action is necessary for 
products of this type design that are certificated for operation in the 
United States.

Differences Between the Manufacturer's Service Information and the 
Proposed Action

    The FAA has determined that it is more beneficial and less 
cumbersome to require a replacement of each elevator mass balance and 
forego an initial inspection. The FAA is proposing this alternative 
because the one-time replacement is more time and labor efficient. The 
LBA and the manufacturer are requiring, prior to further flight:
    (1) an initial inspection for cracks, and
    (2) if cracks are found, replacing the part, prior to further 
flight, and
    (3) if no cracks are found, replacing the part prior to 
accumulating certain hours time-in-service.
    The one time replacement proposed in this AD would take precedence 
over the instructions for repetitively inspecting and replacing 
required in the German AD and manufacturer's service bulletin.
    The FAA has also reviewed the compliance times recommended by the 
manufacturer and by the LBA AD.
    This review showed compliance prior to further flight, which 
grounds airplanes, and a second compliance, after the initial 
inspection.
    The FAA decided that one compliance time and one action is less 
cumbersome and would not present any undue burden on any of the owner/
operators of any U.S.-registered airplanes. Therefore, the compliance 
time stated in the body of the proposed AD would take precedence over 
the compliance time recommended by the manufacturer and the LBA for 
Germany.

Explanation of the Provisions of the Proposed AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other EXTRA Model EA-300 airplanes of the same type 
design registered in the United States, the proposed AD would require 
removing each elevator mass balance, and replacing each elevator mass 
balance with a reinforced elevator mass balance of improved design 
(part number (P/N) PC-33202.1B), using new stop nuts.

Cost Impact

    The FAA estimates that 20 airplanes in the U.S. registry would be 
affected by the proposed AD, that it would take approximately 3 
workhours per airplane to accomplish the proposed action, and that the 
average labor rate is approximately $60 an hour. Parts cost 
approximately $100 per airplane. Based on these figures, the total cost 
impact of the proposed AD on U.S. operators is estimated to be $5,600 
or $280 per airplane.

Regulatory Impact

    The regulations proposed herein would not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (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) if promulgated, 
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. A copy of the draft regulatory evaluation 
prepared for this action has been placed in the Rules Docket. A copy of 
it may be obtained by contacting the Rules Docket at the location 
provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding a new airworthiness directive 
(AD) to read as follows:

Extra Flugzeugbau GmbH: Docket No. 97-CE-81-AD.

    Applicability: Model EA-300 airplanes (serial numbers V1, and 
001 through 034), certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required within the next 50 hours time-in-service 
(TIS) after the effective date of this AD, unless already 
accomplished.
    To prevent possible jamming of the airplane's control system, 
which, if not corrected, could cause loss of control of the 
airplane, accomplish the following:
    (a) Replace the elevator mass balance with a new reinforced 
elevator mass balance (part number (P/N) PC-33202.1B), using new 
stop nuts in accordance with the Instructions section of the EXTRA 
EA-300, Elevator Mass Balance, Service Bulletin No. 300-1-92, Issue 
A, dated March 27, 1992.
    (b) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199

[[Page 68241]]

of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to 
operate the airplane to a location where the requirements of this AD 
can be accomplished.
    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
approved by the Manager, Small Airplane Directorate, Aircraft 
Certification Service, 1201 Walnut, suite 900, Kansas City, Missouri 
64106. The request shall be forwarded through an appropriate FAA 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Small Airplane Directorate.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Small Airplane Directorate.

    (d) All persons affected by this directive may obtain copies of 
the document referred to herein upon request to Extra Flugzeugbau, 
GmbH, Schwarze Heide 21, 46569 Hunxe, Germany; or may examine this 
document at the FAA, Central Region, Office of the Regional Counsel, 
Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.

    Note 3: The subject of this AD is addressed in German AD 92-199 
Extra, dated April 13, 1992.

    Issued in Kansas City, Missouri, on December 23, 1997.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 97-34046 Filed 12-30-97; 8:45 am]
BILLING CODE 4910-13-U