[Federal Register Volume 66, Number 187 (Wednesday, September 26, 2001)]
[Proposed Rules]
[Pages 49148-49152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24024]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 66, No. 187 / Wednesday, September 26, 2001 / 
Proposed Rules  

[[Page 49148]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-CE-85-AD]
RIN 2120-AA64


Airworthiness Directives; EXTRA Flugzeugbau GmbH Models EA-300, 
EA-300L, and EA-300S 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) Models 
EA-300, EA-300L, and EA-300S airplanes. The proposed AD would require 
(for all affected airplanes) an inspection of the upper longeron at the 
horizontal stabilizer attachment for cracks using a fluorescent dye 
check penetrant method, repair of any cracks found, and modification of 
the horizontal stabilizer. The proposed AD would require a limit on 
operation to the Normal category until accomplishment of the initial 
inspection and modification on airplanes with less than 200 hours time-
in-service (TIS). The proposed AD is the result of reports of fatigue 
cracks at the horizontal stabilizer attachment on the affected 
airplanes. The actions specified by the proposed AD are intended to 
detect and correct cracks in the horizontal stabilizer attachment, 
which could result in structural failure of the aft fuselage with 
consequent loss of control of the airplane.

DATES: The Federal Aviation Administration (FAA) must receive any 
comments on this proposed rule on or before October 31, 2001.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 99-CE-85-AD, 901 Locust, 
Room 506, Kansas City, Missouri 64106. You may view any comments at 
this location between 8 a.m. and 4 p.m., Monday through Friday, except 
Federal holidays.
    You may get service information that applies to this proposed AD 
from EXTRA Flugzeugbau GmbH, Flugplatz Dinslaken, D-46569 Hunxe, 
Federal Republic of Germany; telephone: (0 28 58) 91 37-00; facsimile: 
(0 28 58) 91 37-30. You may also view this information at the Rules 
Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4146; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

How Do I Comment on This Proposed AD?

    The FAA invites comments on this proposed rule. You may submit 
whatever written data, views, or arguments you choose. You need to 
include the rule's docket number and submit your comments to the 
address specified under the caption ADDRESSES. We will consider all 
comments received on or before the closing date. We may amend this 
proposed rule in light of comments received. Factual information that 
supports your ideas and suggestions is extremely helpful in evaluating 
the effectiveness of this proposed AD action and determining whether we 
need to take additional rulemaking action.

Are There Any Specific Portions of This Proposed AD I Should Pay 
Attention to?

    FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed rule that 
might suggest a need to modify the rule. You may view all comments we 
receive before and after the closing date of the rule in the Rules 
Docket. We will file a report in the Rules Docket that summarizes each 
contact we have with the public that concerns the substantive parts of 
this proposed AD.

How Can I Be Sure FAA Receives My Comment?

    If you want us to acknowledge the receipt of your comments, you 
must include a self-addressed, stamped postcard. On the postcard, write 
``Comments to Docket No. 99-CE-85-AD.'' We will date stamp and mail the 
postcard back to you.

Discussion

What Events Have Caused This Proposed AD?

    On October 17, 1997, FAA issued a Special Airworthiness Information 
Bulletin (SAIB) to recommend an inspection of the horizontal stabilizer 
attachment on EXTRA Models EA-300, EA-300L, and EA-300S airplanes. The 
SAIB recommended compliance with EXTRA Service Bulletin SB-300-2-95.
    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for Germany, did not consider the actions of the service bulletin 
mandatory and consequently did not issue an AD against airplanes on the 
German register. The FAA also did not issue an AD at this time because 
the service history did not warrant such action.
    Since that time, FAA has received information that indicates 
fatigue cracks at the horizontal stabilizer attachment are occurring on 
the above-referenced airplanes. These airplanes are utilized in 
aerobatic maneuvers and the stress in the area of the horizontal 
stabilizer can lead to cracks in this area, as well as in the upper 
longerons and diagonal braces.

What Are the Consequences if the Condition Is Not Corrected?

    This condition, if not corrected, could lead to structural failure 
of the aft fuselage with consequent loss of control of the airplane.

Is There Service Information That Applies to This Subject?

    As indicated above, EXTRA Service Bulletin SB-300-2-95 pertains to 
this subject. EXTRA has since revised Service Bulletin No. 300-2-95 
(pages 2-6 at Issue: C, dated July 15, 1998; and pages 1 and 7 through 
11 at Issue: D, dated January 30, 2001).

What Action Did LBA Take?

    As of the issue date of this NPRM, LBA has not taken AD action on 
this subject.

The FAA's Determination and an Explanation of the Provisions of the 
Proposed AD

What Has FAA Decided?

    After examining the circumstances and reviewing all available 
information

[[Page 49149]]

related to the incidents described above, including the referenced 
service information, we have determined that:

--The unsafe condition referenced in this document exists or could 
develop on other EXTRA Models EA-300, EA-300L, and EA-300S airplanes of 
the same type design registered in the United States; and
--AD action should be taken in order to detect and correct cracks in 
the horizontal stabilizer attachment, which could result in structural 
failure of the aft fuselage with consequent loss of control of the 
airplane.

What Would the Proposed AD Require?

    This proposed AD would require:

--For all affected airplanes: an inspection of the upper longeron at 
the horizontal stabilizer attachment for cracks using a fluorescent dye 
check penetrant method, repair of any cracks found, and modification of 
the horizontal stabilizer; and
--On airplanes with less than 200 hours time-in-service (TIS) as of the 
effective date of the proposed AD: a limit on operation to the Normal 
category until accomplishment of the initial inspection and 
modification.

    Accomplishment of the actions specified in the proposed AD would be 
in accordance with the instructions included in the proposed AD and as 
specified in the applicable service manual.

Cost Impact

How Many Airplanes Would the Proposed AD Impact?

    We estimate that the proposed AD affects 55 airplanes in the U.S. 
registry.

What Would Be the Cost Impact of the Proposed AD on Owners/Operators of 
the Affected Airplanes?

    We estimate the following costs to accomplish the proposed 
inspection:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                   Total cost on U.S.
              Labor cost                                Parts cost                            Total cost per airplane                   operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
24 workhours  x  $60 per hour = $1,440  Not Applicable............................  $1,440 per airplane.......................  $1,440  x  55 airplanes
                                                                                                                                 = $79,200.
--------------------------------------------------------------------------------------------------------------------------------------------------------
We estimate the following costs to accomplish the proposed modification:................................................................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
20 workhours  x  $60 per hour = $1,200  Provided at no cost.......................  $1,200 per airplane.......................  $1,200  x  55 airplanes
                                                                                                                                 = $66,000.
--------------------------------------------------------------------------------------------------------------------------------------------------------
We estimate the following costs to accomplish any necessary repair or replacement that would be required based on the results of the proposed
 inspection. We have no way of determining the number of airplanes that may need such repair or replacement:.


----------------------------------------------------------------------------------------------------------------
               Labor cost                        Parts cost                    Total cost per airplane
----------------------------------------------------------------------------------------------------------------
40 workhours  x  $60 per hour = $2,400.  Parts provided at no cost.  $2,400 per airplane.
----------------------------------------------------------------------------------------------------------------

Regulatory Impact

Would This Proposed AD Impact Various Entities?

    The regulations proposed herein would 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. Therefore, it 
is determined that this proposed rule would not have federalism 
implications under Executive Order 13132.

Would This Proposed AD Involve a Significant Rule or Regulatory Action?

    For the reasons discussed above, I certify that this proposed 
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, under 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. FAA amends Sec. 39.13 by adding a new airworthiness directive 
(AD) to read as follows:

EXTRA Flugzeugbau GMBH: Docket No. 99-CE-85-AD.
    (a) What airplanes are affected by this AD? This AD applies to 
the following airplane models and serial numbers that are 
certificated in any category:

------------------------------------------------------------------------
                 Model                             Serial Nos.
------------------------------------------------------------------------
EA-300.................................  1 through 62
EA-300L................................  1 through 5
EA-300S................................  1 through 29
------------------------------------------------------------------------

    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the above airplanes must comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to detect and correct cracks in the horizontal 
stabilizer attachment, which could result in structural failure of 
the aft fuselage with consequent loss of control of the airplane.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

[[Page 49150]]



------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) For all affected          Upon accumulating     In accordance with
 airplanes, inspect, using a   250 hours time-in-    Part I of Extra
 fluorescent dye penetrant     service (TIS) or      Service Bulletin
 method, the upper longeron    within the next 50    No. 300-2-95 (pages
 at the horizontal             hours TIS after the   2-6 at Issue: C,
 stabilizer attachment for     effective date of     dated July 15,
 cracks in the areas           this AD, whichever    1998; and pages 1
 depicted in Figure 1 of       occurs later.         and 7 through 11 at
 this AD.                                            Issue: D, dated
                                                     January 30, 2001).
                                                     No further action
                                                     is required by this
                                                     paragraph if the
                                                     modification is
                                                     already
                                                     accomplished in
                                                     accordance with
                                                     Part II of Extra
                                                     Service Bulletin
                                                     No. 300-2-95 (all
                                                     pages at Issue: C,
                                                     dated July 15,
                                                     1998).
------------------------------------------------------------------------
(2) For all affected air      Prior to further      In accordance with
 planes, if no crack(s)        flight after the      Part II of Extra
 is(are) found during the      inspection required   Service Bulletin
 inspection required by this   by paragraph (d)(1)   No. 300-2-95 (pages
 AD, modify the upper          of this AD.           2-6 at Issue: C,
 longeron at the horizontal                          dated July 15,
 stabilizer attachment.                              1998; and pages 1
                                                     and 7 through 11 at
                                                     Issue: D, dated
                                                     January 30, 2001).
                                                     No further action
                                                     is required by this
                                                     paragraph if
                                                     already
                                                     accomplished in
                                                     accordance with
                                                     Part II of Extra
                                                     Service Bulletin
                                                     No. 300-2-95 (all
                                                     pages at Issue: C,
                                                     dated July 15,
                                                     1998).
------------------------------------------------------------------------
(3) For all affected          Prior to further      In accordance with
 airplanes, if any crack is    flight after the      Part II of Extra
 found during the inspection   inspection where      Service Bulletin
 required by this AD and the   any crack is found    No. 300-2-95,
 crack(s) is(are) in Area A    in Area A or Area B   Issue: D, dated
 or Area B as depicted in      as depicted in        January 30, 2001.
 Figure 1 of this AD,          Figure 1 of this Ad.  No further action
 accomplish the following:                           is required by this
(i) Repair and modify the                            paragraph if
 upper longeron at the                               already
 horizontal stabilizer                               accomplished in
 attachment; and.                                    accordance with
(ii) Weld the cracks tight                           Part II of Extra
 during repair..                                     Service Bulletin
                                                     No. 300-2-95 (all
                                                     pages at Issue: C,
                                                     dated July 15,
                                                     1998).
------------------------------------------------------------------------
(4) For all affected          Prior to further      In accordance with a
 airplanes, if any crack is    flight after the      repair scheme
 found during the inspection   inspection where      obtained from EXTRA
 and the crack(s) is(are) in   any crack is found.   Flugzeugbau GmbH,
 Area C as depicted in                               Flugplatz
 Figure 1 of this AD,                                Dinslaken, D-46569
 accomplish the following:                           Hunxe, Federal
(i) Obtain a repair scheme                           Republic of
 from the manufacturer;.                             Germany; telephone:
(ii) Incorporate this repair                         (0 28 58) 91 37-00;
 scheme; and.                                        facsimile: (0 28
(iii) Accomplish any follow-                         58) 91 37-30.
 up actions as directed by                           Obtain this repair
 the FAA..                                           scheme through FAA
                                                     at the address
                                                     specified in
                                                     paragraph (f) of
                                                     this and AD.
------------------------------------------------------------------------
(5) For airplanes with less   Within the next 50    Not applicable.
 than 200 hours TIS as of      hours TIS after the
 the effective date of this    effective date of
 AD, limit operation to the    this AD until the
 Normal category by            inspection and the
 accomplishing the             modification
 following:                    required by this AD
(i) Fabricate two placards     are accomplished.
 using letters of at least
 \1/10\-inch in height
 consisting of the following
 words: ``OPERATIONS LIMITED
 TO NORMAL CATEGORY'';.
(ii) Install these placards
 on the airplane instrument
 panels (one on the front
 panel and one on the rear
 panel) next to the airspeed
 indicators within the
 pilot's clear view; and.
(iii) Insert a copy of this
 AD into the Limitations
 Section of the Airplane
 Flight Manual (AFM)..
------------------------------------------------------------------------
(6) The Owner/operator        Within the next 50    Make an entry into
 holding at least a private    hours TIS after the   the aircraft
 pilot certificate as          effective date of     records showing
 authorized by section 43.7    this AD until the     compliance with
 of the Federal Aviation       first inspection      this AD in
 Regulations (14 CFR 43.7)     and the               accordance with
 may fabricate and install     modification          section 43.9 of the
 the placard as required by    required by this AD   Federal Aviation
 paragraphs (d)(5)(i) and      are accomplished.     Regulations (14 CFR
 (d)(5)(ii) of this AD and                           and the 43.9).
 insert this AD into the
 Limitations Section of the
 AFM as required by
 paragraph (d)(5)(iii) of
 this AD.
------------------------------------------------------------------------
(7) For all affected Model    Within the next 200   In accordance with
 EA-300S airplanes, modify     hours TIS after the   Part III of Extra
 the fuselage frame            effective date of     Service Bulletin
 underneath the stabilizer     this AD.              No. 300-2-95 (pages
 attachment.                                         2-6 at Issue: C,
                                                     dated July 15,
                                                     1998; and pages 1
                                                     and 7 through 11 at
                                                     Issue: D, dated
                                                     January 30, 2001).
------------------------------------------------------------------------

[[Page 49151]]

 
(8) For all affected          Upon accumulating     Inspect in
 airplanes with less than      250 hours TIS or      accordance with
 200 hours TIS as of the       within the next 50    Figure 1 of this AD
 effective date of this AD,    hours TIS after the   and Part I of Extra
 the inspection,               effective date of     Service Bulletin
 modification, and repair,     this AD, whichever    No. 300-2-95 (pages
 as necessary, (as specified   occurs later.         2-6 at Issue: C,
 in paragraphs (d)(1)                                dated July 15,
 through (d0(4) of this AD)                          1998; and pages 1
 may be accomplished instead                         and 7 through 11 at
 of the operational                                  Issue: D, dated
 limitations of paragraph                            January 30, 2001).
 (d)(5) of this AD.                                  Modify in
                                                     accordance with
                                                     Part II of the
                                                     service bulletin.
                                                     Repair in
                                                     accordance with the
                                                     service bulletin or
                                                     a repair scheme
                                                     obtained from the
                                                     manufacturer, as
                                                     applicable.
------------------------------------------------------------------------

                                                     [GRAPHIC] [TIFF OMITTED] TP26SE01.000
                                                     
    (e) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) The Manager, Small Airplane Directorate, approves your 
alternative. Submit your request through an FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Small Airplane Directorate.

    Note 1: This AD applies to each airplane identified in paragraph 
(a) of this AD, 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 (e) 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 you have not eliminated the unsafe condition, specific 
actions you propose to address it.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact Karl Schletzbaum, 
Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, 
Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4146; 
facsimile: (816) 329-4090.
    (g) What if I need to fly the airplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate your airplane to a location where 
you can accomplish the requirements of this AD.
    (h) How do I get copies of the documents referenced in this AD? 
Direct questions or technical information related to Extra Service 
Bulletin No. 300-2-95 (pages 2-6 at Issue: C, dated July 15, 1998; 
and pages 1 and 7 through 11 at Issue: D, dated January 30, 2001) to 
EXTRA Flugzeugbau GmbH, Flugplatz Dinslaken, D-46569 Hunxe, Federal 
Republic of Germany; telephone: (0 28 58) 91 37-00; facsimile: (0 28 
58) 91 37-30. You may view this service information at FAA, Central 
Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas 
City, Missouri 64106.


[[Page 49152]]


    Issued in Kansas City, Missouri, on September 18, 2001.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 01-24024 Filed 9-25-01; 8:45 am]
BILLING CODE 4910-13-U