[Federal Register Volume 67, Number 207 (Friday, October 25, 2002)]
[Rules and Regulations]
[Pages 65479-65484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26660]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-CE-85-AD; Amendment 39-12917; AD 2002-21-11]
RIN 2120-AA64


Airworthiness Directives; EXTRA Flugzeugbau GmbH Model EA-300S 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain EXTRA Flugzeugbau GmbH (EXTRA) Model EA-300S 
airplanes. This AD requires you (for all affected airplanes) to inspect 
the upper longeron at the horizontal stabilizer attachment for cracks 
using a fluorescent dye check penetrant method, repair any cracks 
found, and modify the horizontal stabilizer. This AD also requires 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). This AD is the result of reports of 
fatigue cracks at the horizontal stabilizer attachment on the affected 
airplanes. 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.

DATES: This AD becomes effective on December 17, 2002.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulations as of 
December 17, 2002.

ADDRESSES: You may get the service information referenced in this 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 view this information at the Federal 
Aviation Administration (FAA), Central Region, Office of the Regional 
Counsel, Attention: Rules Docket No. 99-CE-85-AD, 901 Locust, Room 506, 
Kansas City, Missouri 64106; or at the Office of the Federal Register, 
800 North Capitol Street, NW, suite 700, Washington, DC.

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: 

Discussion

What Events Have Caused This 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 Is the Potential Impact If FAA Took No Action?

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

Has FAA Taken Any Action to This Point?

    We issued a proposal to amend part 39 of the Federal Aviation 
Regulations (14 CFR part 39) to include an AD that would apply to 
certain EXTRA Models EA-300, EA-300L, and EA-300S airplanes. This 
proposal was published in the Federal Register as a notice of proposed 
rulemaking (NPRM) on September 26, 2001 (66 FR 49148). The NPRM 
proposed to 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

[[Page 65480]]

--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.

Was the Public Invited To Comment?

    The FAA encouraged interested persons to participate in the making 
of this amendment. One person responded. The following presents the 
comments received on the proposal from this person and FAA's response 
to each comment:

Comment Issue No. 1: There Is No Justification for an AD

What Is the Commenter's Concern?

    The commenter states that FAA has no justification for issuing the 
proposed AD. These concerns include:
    1. The service bulletin adequately addresses the problem.
    2. The manufacturer was unaware of FAA's intent to propose an AD.
    3. The LBA never even considered issuing an AD.
    4. The accident Model EA-300S airplane was used for competition and 
was operated outside the design envelope.
    We infer that the commenter wants the NPRM withdrawn.

What Is FAA's Response to the Concern?

    We do not concur that the NPRM should be withdrawn. The following 
addresses each of the issues specified above:
    1. The only way FAA can enforce the actions of a service bulletin 
on airplanes registered for operation in the United States is by 
issuing an AD.
    2. We notified the LBA, which is the airworthiness authority for 
Germany (the State of Design of the affected airplanes), of our intent 
to issue an AD. This is in accordance with the bilateral agreement 
between the United States and Germany.
    3. According to our correspondence, the LBA believed that this 
condition was only isolated to those aircraft in the United States, and 
thus LBA was not planning on initiating AD action.
    4. We agree that the correct use of an AD is not to address a 
structural failure when the airplanes are flown outside of their 
certificated limits. However, we are not aware of any crew statements 
or other information that the failures of the aft fuselage structure 
were due to airplanes flying outside the design envelope.
    We are not changing the final rule AD action as a result of these 
comments.

Comment Issue No. 2: Remove the Models EA-300 and EA-300L From the 
Applicability of the AD

What Is the Commenter's Concern?

    The commenter states that we have not shown how the condition on 
the Model EA-300S airplanes is likely to exist or develop on the Models 
EA-300 and EA-300L airplanes. The commenter points out that no service 
history exists on fatigue failure of the aft fuselage structure for the 
Models EA-300 and EA-300L airplanes. The commenter also states that 
EXTRA has said that only the Model EA-300S airplanes are conducive to 
this condition.

What Is FAA's Response to the Concern?

    We concur that no service history exists on the fatigue failures of 
the aft fuselage structure for the Models EA-300 and EA-300L airplanes. 
While EXTRA may have made statements that only the Model EA-300S 
airplanes were affected by this condition, EXTRA has included the 
Models EA-300 and EA-300L airplanes in every service bulletin revision 
level related to this subject.
    We have re-evaluated all information related to this subject and 
have decided to only apply the AD to the Model EA-300S airplanes. We 
will continue to monitor this subject on the Models EA-300 and EA-300L 
airplanes and may implement future rulemaking action if necessary.
    We are changing the final rule AD action so that only the Model EA-
300S airplanes are contained in the Applicability.

Comment Issue No. 3: Cost Estimate is Too Low

What Is the Commenter's Concern?

    The commenter states that we underestimated the cost impact that 
the proposed AD would have upon the public. The commenter estimates 
that the proposed AD costs three times more than what we estimated, but 
the commenter does not provide any specific labor and parts costs.

What Is FAA's Response to the Concern?

    Due to the unavailability of cost information on this subject, we 
estimated the labor and parts cost to accomplish the inspection and any 
repairs. As in any aircraft modification or repair, there is chance of 
variation in cost estimates from airplane to airplane.
    We have determined that our cost estimate is as accurate as 
possible at this time. No substantiating information was presented to 
show that it is in error. Therefore, we are not changing the final rule 
as a result of this comment.

FAA's Determination

What Is FAA's Final Determination on this Issue?

    After careful review of all available information related to the 
subject presented above, we have determined that air safety and the 
public interest require the adoption of the rule as proposed except for 
removing the Models EA-300 and EA-300L airplanes from the Applicability 
and minor editorial corrections. We have determined that this removal 
and the minor corrections:

--Provide the intent that was proposed in the NPRM for correcting the 
unsafe condition; and
--Do not add any additional burden upon the public than was already 
proposed in the NPRM.

Cost Impact

How Many Airplanes Does This AD Impact?

    We estimate that this AD affects 21 airplanes in the U.S. registry.

What Is the Cost Impact of This AD on Owners/Operators of the Affected 
Airplanes?

    We estimate the following costs to accomplish the inspection:

----------------------------------------------------------------------------------------------------------------
                                                         Total cost per
            Labor cost                  Parts cost          airplane           Total cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
24 workhours x $60 per hour =      Not applicable......          $1,440  $1,440 x 21 = $30,240.
 $1,440.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to accomplish any necessary repair 
or replacement that will be required based on the results of the 
inspection. We have no way of determining the number of airplanes that 
may need such repair or replacement:

[[Page 65481]]



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               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

Does This AD Impact Various Entities?

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

Does This AD Involve a Significant Rule or Regulatory Action?

    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) 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 final evaluation prepared for this 
action is contained 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends 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 AD to read as follows:

2002-21-11 Extra Flugzeugbau GmbH: Amendment 39-12917; Docket No. 
99-CE-85-AD.

    (a) What airplanes are affected by this AD? This AD affects 
Model EA-300S airplanes, serial numbers 1 through 29, that are 
certificated in any category.
    (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:

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               Actions                             Compliance                            Procedures
----------------------------------------------------------------------------------------------------------------
(1) For all affected airplanes,       Upon accumulating 250 hours time-in-  In accordance with Part I of Extra
 inspect, using a fluorescent dye      service (TIS) or within the next 50   Service Bulletin No. 300-2-95
 penetrant method, the upper           hours TIS after December 17, 2002     (pages 2-6 at Issue: C, dated July
 longeron at the horizontal            (the effective date of this AD),      15, 1998; and pages 1 and 7 through
 stabilizer attachment for cracks in   whichever occurs later.               11 at Issue: D, dated January 30,
 the areas depicted in Figure 1 of                                           2001). No further action is
 this AD.                                                                    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, stabilizer 1998).
-------------------------------------
(2) For all affected airplanes, if    Prior to further flight after the     In accordance with Part II of Extra
 no crack(s) is (are) found during     inspection required by paragraph      Service Bulletin No. 300-2-95
 the inspection required by this AD,   (d)(1) of this AD.                    (pages 2-6 at Issue: C, dated July
 modify the upper longeron at the                                            15, 1998; and pages 1 and 7 through
 horizontal stabilizer attachment.                                           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 airplanes, if    Prior to further flight after the     In accordance with Part II of Extra
 any crack is found during the         inspection where any crack is found   Service Bulletin No. 300-2-95,
 inspection required by this AD and    in Area A or Area B as depicted in    Issue: D, dated January 30, 2001.
 the cracks(s) is (are) in Area A or   Figure 1 of this AD.                  No further action is required by
 Area B as depicted in Figure 1 of                                           this paragraph if already
 this AD, accomplish the following:                                          accomplished in accordance with
(i) Repair and modify the upper                                              Part II of Extra Service Bulletin
 longeron at the horizontal                                                  No. 300-2-95 (all pages at Issue:
 stabilizer attachment; and                                                  C, dated July 15, 1998).
(ii) Weld the cracks tight during
 repair.
-------------------------------------
(4) For all affected airplanes, if    Prior to further flight after the     In accordance with a repair scheme
 any crack is found during the         inspection where any crack is         obtained from EXTRA Flugzeugbau
 inspection and the crack(s) is        found.                                GmbH, Flugplatz Dinslaken, D-46569
 (are) in Area C as depicted in                                              H[uuml]nxe, Federal Republic of
 Figure 1 of this AD, accomplish the                                         Germany; telephone: (0 28 58) 91 37-
 following:                                                                  00; facsimile: (0 28 58) 91 37-30.
(i) Obtain a repair scheme from the                                          Obtain this repair scheme through
 manufacturer;                                                               the FAA at the address specified in
(ii) Incorporate this repair scheme;                                         paragraph (g) of this AD.
 and
(iii) Accomplish any follow-up
 actions as directed by the FAA.
-------------------------------------

[[Page 65482]]

 
(5) For airplanes with less than 200  Within the next 50 hours TIS after    Not Applicable.
 hours TIS as of the effective date    December 17, 2002 (the effective
 of this AD, limit operation to the    date of this AD), until the
 Normal category by accomplishing      inspection and the modification
 the following:                        required by this AD are
(i) Fabricate two placards using       accomplished
 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 holding at     Within the next 50 hours TIS after    Make an entry into the aircraft
 least a private pilot certificate     December 17, 2002 (the effective      records showing compliance with
 as authorized by section 43.7 of      date of this AD), until the first     this AD in accordance with section
 the Federal Aviation Regulations      inspection and the modification       43.9 of the Federal Aviation
 (14 CFR 43.7) may fabricate and       required by this AD are               Regulations (14 CFR 43.9).
 install the placard as required by    accomplished.
 paragraphs (d)(5)(i) and (d)(5)(ii)
 of this AD and 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 EA-300S    Within the next 200 hours TIS after   In accordance with Part III of Extra
 airplanes, modify the fuselage        December 17, 2002 (the effective      Service Bulletin No. 300-2-95
 frame underneath the stabilizer       date of this AD).                     (pages 2-6 at Issue: C, dated July
 attachment.                                                                 15, 1998; and pages 1 and 7 through
                                                                             11 at Issue: D, dated January 30,
                                                                             2001).
-------------------------------------
(8) For all affected airplanes with   At any time, but it must be           Inspect in accordance with Figure 1
 less than 200 hours TIS as of the     accomplished upon accumulating 250    of this AD and Part I of Extra
 effective date of this AD, the        hours TIS or within the next 50       Service Bulletin No. 300-2-95
 inspection, modification, and         hours TIS after December 17, 2002     (pages 2-6 at Issue: C, dated July
 repair, as necessary (as specified    (the effective date of this AD),      15, 1998; and pages 1 and 7 through
 in paragraphs (d)(1) through (d)(4)   whichever occurs later.               11 at Issue: D, dated January 30,
 of this AD) may be accomplished                                             2001). Modify in accordance with
 instead of the operational                                                  Part II of the service bulletin.
 limitations of paragraph (d)(5) of                                          Repair in accordance with the
 this AD.                                                                    service bulletin or a repair scheme
                                                                             obtained manufacturer, as
                                                                             applicable.
----------------------------------------------------------------------------------------------------------------

    (e) Where can I find Figure 1 of this AD? Figure 1 of this AD, 
as referenced in paragraphs (d)(3), (d)(4), and (d)(8) of this AD, 
follows:
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[[Page 65483]]

[GRAPHIC] [TIFF OMITTED] TR25OC02.000

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    (f) 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 : 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 (f) 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.

    (g) 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.
    (h) 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.
    (i) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance with 
Extra Flugzeugbau GmbH Service Bulletin No. SB-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). The Director of the Federal Register 
approved this incorporation by reference under 5 U.S.C. 552(a) and 1 
CFR part 51. You can get copies from EXTRA Flugzeugbau GmbH, Flugplatz 
Dinslaken, D-46569 H[uuml]nxe, Federal Republic of Germany. You can 
look at copies at the FAA, Central Region, Office of the Regional 
Counsel, 901 Locust, Room 506, Kansas City, Missouri, or at the Office 
of the Federal Register, 800 North Capitol Street, NW, suite 700, 
Washington, DC.
    (j) When does this amendment become effective? This amendment 
becomes effective on December 17, 2002.


[[Page 65484]]


    Issued in Kansas City, Missouri, on October 11, 2002.
Dorenda D. Baker,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-26660 Filed 10-24-02; 8:45 am]
BILLING CODE 4910-13-P