[Federal Register Volume 71, Number 225 (Wednesday, November 22, 2006)]
[Proposed Rules]
[Pages 67499-67501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19762]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26134; Directorate Identifier 2006-CE-56-AD]
RIN 2120-AA64


Airworthiness Directives; EXTRA Flugzeugproduktions-und 
Vertriebs-GmbH Models EA-300, EA-300S, EA-300L, and EA-300/200 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2002-21-
11, which applies to certain EXTRA Flugzeugbau GmbH (EXTRA) Model EA-
300S airplanes. AD 2002-21-11 currently requires you to inspect, using 
a fluorescent dye check penetrant method, the upper longeron at the 
horizontal stabilizer attachment for cracks, repair any cracks found, 
and modify the horizontal stabilizer. That AD also requires a limit on 
operation to the Normal category until the initial inspection and 
modification on airplanes with less than 200 hours time-in-service 
(TIS) is done. Since we issued AD 2002-21-11, cracks have been found on 
Models EA-300L and EA-300/200 airplanes. Consequently, this proposed AD 
adds airplanes to the applicability and requires you to inspect and 
modify the upper longeron at the horizontal stabilizer attachment. This 
proposed AD results from mandatory continuing airworthiness information 
(MCAI) issued by the airworthiness authority for Germany. We are 
proposing this AD to detect and correct cracks in the upper longeron at 
the horizontal stabilizer attachment, which could result in structural 
failure of the aft fuselage. This failure could lead to loss of 
control.

DATES: We must receive comments on this proposed AD by December 22, 
2006.

ADDRESSES: Use one of the following addresses to comment on this 
proposed AD:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
EXTRA Flugzeugproduktions-und Vertriebs-GmbH, Schwarze Heide 21, D-
46569 Huenxe, Germany; fax: (+49)-2858-9137-42.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include the docket number, ``FAA-
2006-26134; Directorate Identifier 2006-CE-56-AD'' at the beginning of 
your comments. We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of the proposed 
AD. We will consider all comments received by the closing date and may 
amend the proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact we 
receive concerning this proposed AD.

Discussion

    Fatigue cracks at the horizontal stabilizer attachment were found 
on EXTRA Model EA-300S 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.
    This condition caused us to issue AD 2002-21-11, Amendment 39-12917 
(67 FR 65479, October 25, 2002). AD 2002-21-11 currently requires the 
following on certain EXTRA Model EA-300S airplanes:
     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 as 
of December 17, 2002 (the effective date of AD 2002-21-11): a limit on 
operation to the Normal category until the initial inspection and 
modification is done.
    The European Aviation Safety Agency (EASA), which is the aviation 
authority for the European Union (EU), notified FAA of the need to 
supersede AD 2002-21-11 to address an unsafe condition that may exist 
or could develop on certain EXTRA Models EA-300, EA-300S, EA-300L, and 
EA-300/200 airplanes. EASA reports that while doing the inspections 
specified in Part I of EXTRA Service Bulletin No. 300-2-95, Issue: D, 
on the entire fleet of EA-300 series airplanes, cracks were found on 
Model EA-300L airplanes. Recent inspections revealed cracks found on 
Model EA-300/200 airplanes.
    This condition, if not corrected, could lead to structural failure 
of the aft fuselage with consequent loss of control.

Relevant Service Information

    We have reviewed EXTRA Service Bulletin No. 300-2-95, Issue: F, 
Dated: July 10, 2006.
    The service information describes procedures for:
     Inspecting the upper longeron at the horizontal stabilizer 
attachment for cracks;
     Reinforcing the upper longeron in the area of the 
horizontal stabilizer attachment; and
     Installing V-tubes to reinforce fuselage frame underneath 
the horizontal stabilizer attachment bracket.

European Authority Aviation Information

    EASA classified this service bulletin as mandatory and issued AD 
No.

[[Page 67500]]

    2006-0281, dated September 14, 2006, to ensure the continued 
airworthiness of these airplanes in Germany.
    These EXTRA Models EA-300, EA-300S, EA-300L, and EA-300/200 
airplanes are manufactured in Germany and are 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.
    Under this bilateral airworthiness agreement, EASA has kept us 
informed of the situation described above.

FAA's Determination and Requirements of the Proposed AD

    We are proposing this AD because we have examined EASA's findings, 
evaluated all information and determined the unsafe condition described 
previously is likely to exist or develop on other products of the same 
type design that are certificated for operation in the United States.
    This proposed AD would supersede AD 2002-21-11 with a new AD that 
would incorporate the actions in the previously-referenced service 
information. This proposed AD would require you to use the service 
information described previously to perform these actions.

Differences Between the European Authority AD, the Service Bulletin, 
and This Proposed AD

    EASA AD No. 2006-0281, dated September 14, 2006, and EXTRA Service 
Bulletin No. 300-2-95, Issue: F, Dated: July 10, 2006, allow 50-hour 
repetitive inspections of the horizontal stabilizer attachment with the 
option of installing the modification kits as a terminating action for 
the repetitive inspections for certain affected airplanes. This AD does 
not allow continued repetitive inspections.
    The FAA has determined that long-term continued operational safety 
will be better assured by design changes that remove the source of the 
problem rather than by repetitive inspections or other special 
procedures.

Costs of Compliance

    We estimate that this proposed AD would affect 134 airplanes in the 
U.S. registry.
    We estimate the following costs to do the proposed inspection:

----------------------------------------------------------------------------------------------------------------
                                                          Total cost per
            Labor cost                  Parts cost           airplane          Total cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
24 work-hours x $80 per hour =     Not applicable......          $1,920   $1,920 x 134 = $257,280
 $1,920.
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    We estimate the following costs to do the proposed modifications:

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           Labor cost                Parts cost    Total cost per airplane      Total cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
40 work-hours x $80 per hour =              $200   $3,200 + $200 = $3,400.  $3,400 x 134 = $455,600
 $3,200.
----------------------------------------------------------------------------------------------------------------

    For airplanes still covered under warranty, the manufacturer will 
provide warranty credit for up to 35 work-hours for the inspection and 
modification work, as stated on page 8 of EXTRA Service Bulletin No. 
300-2-95, Issue: F, Dated: July 10, 2006.

Authority for This Rulemaking

    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 
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the proposed 
regulation:
    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 regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket that contains the proposed AD, the 
regulatory evaluation, any comments received, and other information on 
the Internet at http://dms.dot.gov; or in person at the Docket 
Management Facility between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Office (telephone (800) 647-5227) 
is located at the street address stated in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

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 FAA proposes to amend 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. The FAA amends Sec.  39.13 by removing Airworthiness Directive 
(AD) 2002-21-11, Amendment 39-12917 (67

[[Page 67501]]

FR 65479, October 25, 2002) and adding the following new AD:

EXTRA Flugzeugproduktions-und Vertriebs-GMBH: Docket No. FAA-2006-
26134; Directorate Identifier 2006-CE-56-AD.

Comments Due Date

    (a) We must receive comments on this airworthiness directive 
(AD) action by December 22, 2006.

Affected ADs

    (b) This AD supersedes AD 2002-21-11, Amendment 39-12917.

Applicability

    (c) This AD applies to the following airplanes that are 
certificated in any category:

------------------------------------------------------------------------
               Models                           Serial numbers
------------------------------------------------------------------------
EA-300..............................  01 through 62.
EA-300L.............................  01 through 71, 73 through 77, 79
                                       through 83, 85 through 89, 91,
                                       and 92.
EA-300S.............................  01 through 29.
EA-300/200..........................  01 through 31 and 1032 through
                                       1039.
------------------------------------------------------------------------

Unsafe Condition

    (d) 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 at the horizontal stabilizer attachment, which could 
result in structural failure of the aft fuselage. This failure could 
lead to loss of control.

Compliance

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

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             Actions                  Compliance          Procedures
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(1) Inspect, using a fluorescent  (i) For Models EA-  Follow Part I of
 dye penetrant method, the upper   300S airplanes:     EXTRA Service
 longeron at the horizontal        Upon accumulating   Bulletin No. 300-
 stabilizer attachment for         250 hours time-in-  2-95, Issue: F,
 cracks, as applicable. You may    service (TIS)       Dated: July 10,
 take ``unless already done''      after December      2006.
 credit for the inspections if     17, 2002 (the
 you previously used Extra         effective date of
 Service Bulletin No. 300-2-95     AD 2002-21-11) or
 (pages 2-6 at Issue: C, dated     within the next
 July 15, 1998; and pages 1 and    50 hours TIS
 7 through 11 at Issue: D, dated   after the
 January 30, 2001).                effective date of
                                   this AD,
                                   whichever occurs
                                   first.
                                  (ii) For Models EA-
                                   300, EA-300L, and
                                   EA-300/200
                                   airplanes: Within
                                   the next 50 hours
                                   TIS after the
                                   effective date of
                                   this AD..
                                  (iii) For all
                                   affected
                                   airplanes: If the
                                   modifications
                                   specified in Part
                                   II and Part III
                                   of EXTRA Service
                                   Bulletin No. 300-
                                   2-95, Issue: F,
                                   Dated: July 10,
                                   2006, have
                                   already been
                                   incorporated, no
                                   further action is
                                   required..
------------------------------------------------------------------------
(2) If cracks are found during    For all affected    Follow Part II of
 the inspection required in        airplanes: Before   EXTRA Service
 paragraph (e)(1) of this AD in    further flight      Bulletin No. 300-
 areas A, B, and C (as shown in    after the           2-95, Issue: F,
 Figure 1 of EXTRA Service         inspection          Dated: July 10,
 Bulletin No. 300-2-95, Issue:     required in         2006.
 F, Dated: July 10, 2006), weld    paragraph (e)(1)
 the crack and modify the upper    of this AD where
 longeron at the horizontal        cracks are found,
 stabilizer attachment by          unless already
 installing the applicable         done.
 modification kit (or FAA-
 approved equivalent parts).
------------------------------------------------------------------------
(3) If no cracks are found        For all affected    Follow Part II of
 during the inspection required    airplanes: Within   EXTRA Service
 in paragraph (e)(1) of this AD,   the next 100        Bulletin No. 300-
 modify the upper longeron at      hours TIS after     2-95, Issue: F,
 the horizontal stabilizer         the effective       Dated: July 10,
 attachment by installing the      date of this AD,    2006.
 applicable modification kit (or   unless already
 FAA-approved equivalent parts).   done.
------------------------------------------------------------------------
(4) For Models EA-300S and EA-    (i) For Model EA-   Follow Part III of
 300L airplanes only: Reinforce    300S: Within the    EXTRA Service
 the fuselage frame underneath     next 200 hours      Bulletin No. 300-
 the horizontal stabilizer main    TIS after           2-95, Issue: F,
 spar attachment bracket by        December 17, 2002   Dated: July 10,
 installing the applicable         (the effective      2006.
 modification kit (or FAA-         date of AD 2002-
 approved equivalent parts).       21-11) or within
                                   the next 100
                                   hours TIS after
                                   the effective
                                   date of this AD,
                                   whichever occurs
                                   first, unless
                                   already done.
                                  (ii) For Model EA-
                                   300L: Within the
                                   next 100 hours
                                   TIS after the
                                   effective date of
                                   this AD, unless
                                   already done..
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Standards Office, Small Airplane Directorate, 
FAA, ATTN: Karl Schletzbaum, Aerospace Engineer, 901 Locust, Room 
301, Kansas City, MO 64106; telephone: (816) 329-4146; fax: (816) 
329-4090, has the authority to approve AMOCs for this AD, if 
requested using the procedures found in 14 CFR 39.19.
    (g) AMOCs approved for AD 2002-21-11 are [PK1]approved for this 
AD.

Related Information

    (h) The European Aviation Safety Agency (EASA) AD No. 2006-0281, 
dated September 14, 2006, also addresses the subject of this AD. To 
get copies of the service information referenced in this AD, contact 
EXTRA Flugzeugproduktions-und Vertriebs-GmbH, Schwarze Heide 21, D-
46569 Huenxe, Germany; fax: (+49)-2858-9137-42. 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, or on the Internet at http://dms.dot.gov. The 
docket number is Docket No. FAA-2006-26134; Directorate Identifier 
2006-CE-56-AD.

    Issued in Kansas City, Missouri, on November 15, 2006.
Steve Thompson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-19762 Filed 11-21-06; 8:45 am]
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