Federal Register, Volume 75 Issue 35 (Tuesday, February 23, 2010)

[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Rules and Regulations]
[Pages 7949-7951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3120]


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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; 
Amendment 39-16204; AD 2010-04-11]
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: Final rule.

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

    We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective March 30, 2010.
    On March 30, 2010, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in this 
AD.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document Management Facility, U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 
20590.

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:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on November 3, 2009 (74 
FR 56748). That NPRM proposed 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

Differences Between This 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 required 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 AD.

Costs of Compliance

    We estimate that this AD will affect 184 products of U.S. registry. 
We also estimate that it will take about 2 work-

[[Page 7950]]

hours per product to comply with the basic requirements of this AD. The 
average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of this AD to the U.S. 
operators to be $31,280 or $170 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 
$2,160 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.

Regulatory Findings

    We 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.
    For the reasons discussed above, I certify this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD Docket.

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 the NPRM, 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.

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 FAA amends 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 adding the following new AD:

2010-04-11 Extra Flugzeugproduktions- und Vertriebs- GmbH: Amendment 
39-16204; Docket No. FAA-2009-1025; Directorate Identifier 2009-CE-
055-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 
30, 2010.

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 March 30, 2010 (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

[[Page 7951]]

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.

Material Incorporated by Reference

    (i) You must use Extra Flugzeugproduktions- und Vertriebs- GmbH 
EXTRA Service Bulletin No. SB-300-2-97, Issue: C, dated September 
24, 2009, to do the actions required by this AD, unless the AD 
specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact Extra 
Flugzeugproduktions- und Vertriebs- GmbH, Engineering Department/
Office of Airworthiness/Quality Assurance, Schwarze Heide 21, 46569 
H[uuml]nxe, Germany; Fax: +49 (0) 2858-9137-30; E-Mail: 
[email protected].
    (3) You may review copies of the service information 
incorporated by reference for this AD at the FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the 
Central Region, call (816) 329-3768.
    (4) You may also review copies of the service information 
incorporated by reference for this AD at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on February 10, 2010.
Steven W. Thompson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-3120 Filed 2-22-10; 8:45 am]
BILLING CODE 4910-13-P