[Federal Register Volume 74, Number 211 (Tuesday, November 3, 2009)]
[Proposed Rules]
[Pages 56748-56750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26391]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1025; Directorate Identifier 2009-CE-055-AD]
RIN 2120-AA64


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

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct

[[Page 56749]]

an unsafe condition on an aviation product. The MCAI describes the 
unsafe condition as:

    The manufacturer has advised that the combination of a 
redesigned tail spring support with a stiffer tail spring and rough 
field operations has led to cracks in the tail spring support 
mounting base. Cracks have also been reported on aeroplanes already 
compliant with Part II of Extra Service Bulletin No. SB-300-2-97 
issue A, as mandated by the LBA AD D-1998-001, dated 15 January 
1998.

    The proposed AD would require actions that are intended to address 
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by December 18, 
2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Greg Davison, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4130; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-1025; 
Directorate Identifier 2009-CE-055-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency, which is the Technical Agent 
for the Member States of the European Community, has issued AD No.: 
2009-0160, July 21, 2009 (corrected on July 28, 2009) (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    The manufacturer has advised that the combination of a 
redesigned tail spring support with a stiffer tail spring and rough 
field operations has led to cracks in the tail spring support 
mounting base. Cracks have also been reported on aeroplanes already 
compliant with Part II of Extra Service Bulletin No. SB-300-2-97 
issue A, as mandated by the LBA AD D-1998-001, dated 15 January 
1998.
    For the reasons stated above, this new AD mandates instructions 
for recurring inspections and modification in the area of the tail 
spring support in order to prevent separation of the tail landing 
gear which could result in serious damage to the airplane during 
landing.

    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Extra Flugzeugproduktions- und Vertriebs-GmbH has issued EXTRA 
Service Bulletin No. SB-300-2-97, Issue: C, dated September 24, 2009. 
The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Differences Between This Proposed AD and the MCAI or Service 
Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    We estimate that this proposed AD will affect 184 products of U.S. 
registry. We also estimate that it would take about 2 work-hours per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $80 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $29,440, or $160 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 20 work-hours and require parts costing $460, for a cost of 
$2,060 per product. We have no way of determining the number of 
products that may need these actions.

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.

[[Page 56750]]

Regulatory Findings

    We 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 this 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, 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 adding the following new AD:

Extra Flugzeugproduktions- und Vertriebs-GmbH: Docket No. FAA-2009-
1025; Directorate Identifier 2009-CE-055-AD.

Comments Due Date

    (a) We must receive comments by December 18, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the following model and serial number 
airplanes, certificated in any category:
    (1) Model EA-300/200 airplanes, serial numbers (S/N) 01 through 
31, and 1032 through 1043; and
    (2) Model EA-300/L airplanes, S/N 01 through 170, 172, 173, 
1171, and 1174 through 1299.

Subject

    (d) Air Transport Association of America (ATA) Code 53: 
Fuselage.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    ``The manufacturer has advised that the combination of a 
redesigned tail spring support with a stiffer tail spring and rough 
field operations has led to cracks in the tail spring support 
mounting base. Cracks have also been reported on aeroplanes already 
compliant with Part II of Extra Service Bulletin No. SB-300-2-97 
issue A, as mandated by the LBA AD D-1998-001, dated 15 January 
1998.
    ``For the reasons stated above, this new AD mandates 
instructions for recurring inspections and modification in the area 
of the tail spring support in order to prevent separation of the 
tail landing gear which could result in serious damage to the 
airplane during landing.''

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Before further flight after the effective date of this AD 
and repetitively thereafter at intervals not to exceed 50 hours 
time-in-service, inspect the tail spring support for cracks in 
accordance with PART I of Extra Flugzeugproduktions- und Vertriebs-
GmbH EXTRA Service Bulletin No. SB-300-2-97, Issue: C, dated 
September 24, 2009.
    (2) If any crack is found as a result of the inspections 
required by paragraph (f)(1) of this AD, before further flight, 
modify the tail spring support structure as instructed in PART II of 
Extra Flugzeugproduktions- und Vertriebs-GmbH EXTRA Service Bulletin 
No. SB-300-2-97, Issue: C, dated September 24, 2009. Modification of 
the tail spring support structure terminates the repetitive 
inspections required in paragraph (f)(1) of this AD.
    (3) You may at any time modify the tail spring support structure 
as instructed in PART II of Extra Flugzeugproduktions- und 
Vertriebs-GmbH EXTRA Service Bulletin No. SB-300-2-97, Issue: C, 
dated September 24, 2009, to terminate the repetitive inspections 
required in paragraph (f)(1) of this AD.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: Greg Davison, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4130; fax: (816) 329-4090. Before using 
any approved AMOC on any airplane to which the AMOC applies, notify 
your appropriate principal inspector (PI) in the FAA Flight 
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency AD No.: 2009-
0160, July 21, 2009 (corrected on July 28, 2009); and Extra 
Flugzeugproduktions- und Vertriebs-GmbH EXTRA Service Bulletin No. 
SB-300-2-97, Issue: C, dated September 24, 2009, for related 
information.

    Issued in Kansas City, Missouri, on October 28, 2009.
Margaret Kline,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-26391 Filed 11-2-09; 8:45 am]
BILLING CODE 4910-13-P