[Federal Register Volume 70, Number 12 (Wednesday, January 19, 2005)]
[Rules and Regulations]
[Pages 2946-2948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-607]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19443; Directorate Identifier 2004-CE-32-AD; 
Amendment 39-13942; AD 2005-01-17]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA adopts a new airworthiness directive (AD) to supersede 
AD 98-03-14, which applies to certain EXTRA Flugzeugbau GmbH (EXTRA) 
Model EA-300 and EA-300/S airplanes. AD 98-03-14 currently requires you 
to inspect the upper longeron cutout-bridge for cracks, to repair any 
cracks found, and to modify this area. This AD retains the actions of 
AD 98-03-14 and incorporates new service information. For owner/
operators of the affected airplanes that were able to do the 
modification required in AD 98-03-14, no further action is required. 
This AD results from mandatory continuing airworthiness information 
(MCAI) issued by the airworthiness authority for Germany. We are 
issuing this AD to detect and correct cracks in the upper longeron 
cutout-bridge, which could cause the upper longeron cutout-bridge to 
fail resulting in structural damage to the fuselage. This condition 
could lead to loss of control of the airplane.

DATES: This AD becomes effective on February 28, 2005.
    On March 16, 1998 (63 FR 5881, February 5, 1998), the Director of 
the Federal Register approved the incorporation by reference of EXTRA 
Flugzeugbau GmbH Service Bulletin EA-300 & EA-300/S Doc: SB-300-3-93, 
Issue: A, Date: January 12, 1994.
    As of February 28, 2005, the Director of the Federal Register 
approved the incorporation by reference of EXTRA Flugzeugbau GmbH 
Service Bulletin EA-300 & EA-300/S Doc: SB-300-3-93, Issue: B, Date: 
June 10, 1998.

ADDRESSES: To get the service information identified in this AD, 
contact Extra Flugzeugbau GmbH, Flugplatz Dinslaken, D-46569 
H[uuml]nxe, Germany. To review this service information, go to the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, go to: http://www.archives.gov/federal_-register/code--of--federal--regulations/ibr--
locations.html or call (202) 741-6030.
    To view the AD docket, go to the Docket Management Facility; U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC 20590-001 or on the Internet at http://dms.dot.gov. The docket number is FAA-2004-19443.

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

SUPPLEMENTARY INFORMATION:

Discussion

    What events have caused this AD? The Luftfahart-Bundesamt (LBA), 
which is the airworthiness authority for Germany, notified us that life 
cycle testing of the upper longeron cutout-bridge revealed potential 
cracks. This condition caused us to issue AD 98-03-14, Amendment 39-
10307 (63 FR 5881, February 5, 1998). AD 98-03-14 currently requires 
you to do the following for certain EXTRA Model EA-300 and EA-300/S 
airplanes:

--Inspect the upper longeron cutout-bridge for cracks;
--Repair any cracks you find; and
--Modify this area.

    You were required to do these actions following EXTRA Flugzeugbau 
GmbH Service Bulletin EA-300 & EA-300/S, Doc: SB-300-3-93, Issue: A, 
Date: January 12, 1994.
    What has happened since AD 98-03-14 to initiate this action? LBA 
notified FAA of the need to change AD 98-03-14. The LBA reports that 
not all affected airplanes could have the required modification done 
following EXTRA Service Bulletin EA-300 & EA-300/S, Doc: SB-300-3-93, 
Issue: A, Date: January 12, 1994.
    Installing the new steel sleeves may cause distortion to the upper 
longeron bridge cutout and the fuselage. The distortion may cause 
misalignment of the steel sleeves fore and aft of the cutouts.
    This caused EXTRA to issue a new service bulletin. The new service 
bulletin includes additional procedures for modifying the upper 
longeron cutout-bridge. If you modify the upper longeron bridge-cutout 
following Procedure II in the new service bulletin, the new bridges 
must be replaced every 1,000 hours time-in-service (TIS) (as specified 
in the new service information.)
    What is the potential impact if FAA took no action? If not detected 
and corrected, cracks in the upper longeron cutout-bridge could cause 
the upper longeron cutout-bridge to fail, which could result in 
structural damage to the fuselage. This failure could lead to 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 Model EA-300 and EA-
300/S airplanes. This proposal was published in the Federal Register as 
a notice of proposed rulemaking (NPRM) on November 12, 2004 (69 FR 
65388). The NPRM proposed to supersede AD 98-03-14 with a new AD that 
would retain the actions required in AD 98-03-14 and incorporate new 
service information.

Comments

    Was the public invited to comment? We provided the public the 
opportunity to participate in developing this AD. We received no 
comments on the proposal or on the determination of the cost to the 
public.

Conclusion

    What is FAA's final determination on this issue? We have carefully 
reviewed the available data and determined that air safety and the 
public interest require adopting the AD as proposed except for minor 
editorial corrections. We have determined that these minor corrections:

--Are consistent with 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.

Changes to 14 CFR Part 39--Effect on the AD

    How does the revision to 14 CFR part 39 affect this AD? On July 10, 
2002, the FAA published a new version of 14 CFR part 39 (67 FR 47997, 
July 22, 2002), which governs the FAA's AD system. This regulation now 
includes material that relates to altered products, special flight 
permits, and alternative methods of compliance. This material 
previously was included in each individual AD.

[[Page 2947]]

Since this material is included in 14 CFR part 39, we will not include 
it in future AD actions.

Costs of Compliance

    How many airplanes does this AD impact? We estimate that this AD 
affects 54 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
----------------------------------------------------------------------------------------------------------------
3 workhours x $65 per hour = $195...  Not applicable.........            $195  $195 x 54 = $10,530
----------------------------------------------------------------------------------------------------------------

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

------------------------------------------------------------------------
         Labor cost             Parts cost      Total cost per airplane
------------------------------------------------------------------------
10 workhours x $65 per hour             $200  $650 + $200 = $850
 = $650.
------------------------------------------------------------------------

    What is the difference between the cost impact of this AD and the 
cost impact of AD 98-03-14? The difference between the cost impact of 
AD 98-03-14 and this AD is the replacement of the new bridges every 
1,000 hours TIS if the upper longeron bridge-cutout is modified 
following Procedure II of the new service bulletin.

Authority for This Rulemaking

    What authority does FAA have for issuing this rulemaking action? 
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 AD.

Regulatory Findings

    Will this AD impact various entities? We have 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.
    Will this AD involve a significant rule or regulatory action? 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 the 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.
    We prepared a summary of the costs to comply with this AD and 
placed it in the AD Docket. You may get a copy of this summary by 
sending a request to us at the address listed under ADDRESSES. Include 
``Docket No. FAA-2004-19443; Directorate Identifier 2004-CE-32-AD'' in 
your request.

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 Federal Aviation Administration amends part 39 of the Federal 
Aviation Regulations (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 removing Airworthiness Directive (AD) 
98-03-14, Amendment 39-10307 (63 FR 5881, February 5, 1998), and by 
adding a new AD to read as follows:

2005-01-17 EXTRA Flugzeugbau GmbH: Amendment 39-13942; Docket No. 
FAA-2004-19443; Directorate Identifier 2004-CE-32-AD; Supersedes AD 
98-03-14; Amendment 39-10307.

When Does This AD Become Effective?

    (a) This AD becomes effective on February 28, 2005.

What Other ADs Are Affected by This Action?

    (b) This AD supersedes AD 98-03-14, Amendment 39-10307.

What Airplanes Are Affected by This AD?

    (c) This AD affects the following airplane models and serial 
numbers that:
    (1) Are certificated in any category; and
    (2) Have not had the left-hand (LH) and right-hand (RH) upper 
longeron cutout-bridge inspected and modified following EXTRA 
Flugzeugbau GmbH Service Bulletin EA-300 & EA-300/S Doc: SB-300-3-
93, Issue: A, Date: January 12, 1994.

------------------------------------------------------------------------
               Model                             Serial Nos.
------------------------------------------------------------------------
EA-300.............................  VI and 01 through 50.
EA-300/S...........................  01 through 17.
------------------------------------------------------------------------

What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for 
Germany. The actions specified in this AD are intended to detect and 
correct cracks in the upper longeron cutout-bridge, which could 
cause the upper longeron cutout-bridge to fail resulting in 
structural damage to the fuselage. This condition could lead to loss 
of control of the airplane.

What Must I Do To Address This Problem?

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

[[Page 2948]]



------------------------------------------------------------------------
             Actions                  Compliance          Procedures
------------------------------------------------------------------------
(1) Inspect the LH and RH upper   Upon accumulating   Follow EXTRA
 longeron cutout-bridge, part      1,000 hours time-   Flugzeugbau GmbH
 number (P/N) PC-23102.IX), for    in-service (TIS)    Service Bulletin
 cracks.                           on the upper        EA-300 & EA-300/S
                                   longeron or         Doc: SB-300-3-93,
                                   within the next     Issue: A, Date:
                                   100 hours TIS       January 12, 1994;
                                   after March 16,     or EXTRA
                                   1998 (the           Flugzeugbau GmbH
                                   effective date of   Service Bulletin
                                   AD 98-03-14),       EA-300 & EA-300/S
                                   whichever occurs    Doc: SB-300-3-93,
                                   later, unless       Issue: B, Date:
                                   already done.       June 10, 1998.
(2) If you find any cracks in     Before further      Follow EXTRA
 the upper longeron cutout-        flight after the    Flugzeugbau GmbH
 bridge during the inspection      inspection          Service Bulletin
 required in paragraph (e)(1) of   required in         EA-300 & EA-300/S
 this AD, do the following:        paragraph (e)(1)    Doc: SB-300-3-93,
(i) repair any cracks; and         of this AD,         Issue: A, Date:
(ii) modify the upper longeron     unless already      January 12, 1994;
 cutout-bridge.                    done.               or EXTRA
                                                       Flugzeugbau GmbH
                                                       Service Bulletin
                                                       EA-300 & EA-300/S
                                                       Doc: SB-300-3-93,
                                                       Issue: B, Date:
                                                       June 10, 1998.
(3) If you do not find any        Before further      Follow EXTRA
 cracks in the upper longeron      flight after the    Flugzeugbau GmbH
 cutout-bridge during the          inspection          Service Bulletin
 inspection required in            required in         EA-300 & EA-
 paragraph (e)(1) of this AD,      paragraph (e)(1)    300300/S Doc:
 you must still modify the upper   of this AD,         SB300-3-93,
 longeron cutout-bridge.           unless already      Issue: A, Date:
                                   done.               January 12, 1994;
                                                       or EXTRA
                                                       Flugzeugbau GmbH
                                                       Service Bulletin
                                                       EA-300 & EA-300/S
                                                       Doc: SB-300-3-93,
                                                       Issue: B, Date:
                                                       June 10, 1998.
(4) If you modified the upper     As of February 28,  As stated in EXTRA
 longeron cutout-bridge            2005 (the           Flugzeugbau GmbH
 following EXTRA Flugzeugbau       effective date of   Service Bulletin
 GmbH Service Bulletin EA-300 &    this AD).           EA-300 & EA-300/S
 EA-300/S Doc: SB-300-3-93,                            Doc: SB-300-3-93,
 Issue: A, Date: January 12,                           Issue: A, Date:
 1994, or EXTRA Flugzeugbau GmbH                       January 12, 1994,
 Service Bulletin EA-300 & EA-                         or EXTRA
 300/S Doc: SB-300-3-93, Issue:                        Flugzeugbau GmbH
 B, Date: June 10, 1998,                               Service Bulletin
 Procedure I, you do not need to                       EA-300 & EA-300/S
 do any further actions.                               Doc: SB-300-3-93,
                                                       Issue: B, Date:
                                                       June 10, 1998.
(5) If you modified the upper     As of February 28,  As stated in EXTRA
 longeron cutout-bridge            2005 (the           Flugzeugbau GmbH
 following Procedure II of EXTRA   effective date of   Service Bulletin
 Flugzeugbau GmbH Service          this AD).           EA-300 & EA-300/S
 Bulletin EA-300 & EA-300/S Doc:                       Doc: SB-300-3-93,
 SB-300-3-93, Issue: B, Date:                          Issue: B, Date:
 June 10, 1998, you must replace                       June 10, 1998.
 the new internal bridges every
 1,000 hours TIS.
------------------------------------------------------------------------

May I Request an Alternative Method of Compliance?

    (f) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.19. Unless FAA authorizes otherwise, send your request to 
your principal inspector. The principal inspector may add comments 
and will send your request to the Manager, Standards Office, Small 
Airplane Directorate, FAA. For information on any already approved 
alternative methods of compliance, contact Karl Schletzbaum, 
Aerospace Engineer, Small Airplane Directorate, 901 Locust, Room 
301, Kansas City, MO 64106; telephone: (816) 329-4146; facsimile: 
(816) 329-4090.

Is There Other Information That Relates to This Subject?

    (g) German AD Number D-1994-043R1, dated May 17, 2004, also 
addresses the subject of this AD.

Does This AD Incorporate Any Material by Reference?

    (h) You must do the actions required by this AD following the 
instructions in EXTRA Flugzeugbau GmbH Service Bulletin EA-300 & EA-
300/S Doc: SB-300-3-93, Issue: A, Date: January 12, 1994; or EXTRA 
Flugzeugbau GmbH Service Bulletin EA-300 & EA-300/S Doc: SB-300-3-
93, Issue: B, Date: June 10, 1998.
    (1) On March 16, 1998 (63 FR 5881, February 5, 1998) and in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51, the Director of 
the Federal Register approved the incorporation by reference of 
EXTRA Flugzeugbau GmbH Service Bulletin EA-300 & EA-300/S Doc: SB-
300-3-93, Issue: A, Date: January 12, 1994.
    (2) As of February 28, 2005, and in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51, the Director of the Federal Register 
approved the incorporation by reference of EXTRA Flugzeugbau GmbH 
Service Bulletin EA-300 & EA-300/S Doc: SB-300-3-93, Issue: B, Date: 
June 10, 1998.
    (3) To get a copy of this service information, contact EXTRA 
Flugzeubau GmbH, Flugplatz Dinslaken, D-46569 H[uuml]nxe, Germany. 
To review copies of this service information, go to the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, go to: http://www.archives.gov/federal_ register/code--of-- federal--regulations/
ibr--locations.html or call (202) 741-6030. To view the AD docket, 
go to the Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-
401, Washington, DC 20590-001 or on the Internet at http://dms.dot.gov. The docket number is FAA-2004-19443.

    Issued in Kansas City, Missouri, on January 5, 2005.
William J. Timberlake,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-607 Filed 1-18-05; 8:45 am]
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