[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] ----------------------------------------------------------------------- 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). ----------------------------------------------------------------------- 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