Airworthiness directives: EXTRA Flugzeugbau GmbH,

[Federal Register: September 26, 2001 (Volume 66, Number 187)]

[Proposed Rules]

[Page 49148-49152]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr26se01-21]

Proposed Rules Federal Register

This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules.

[[Page 49148]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-CE-85-AD]

RIN 2120-AA64

Airworthiness Directives; EXTRA Flugzeugbau GmbH Models EA-300, EA-300L, and EA-300S Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

SUMMARY: This document proposes to adopt a new airworthiness directive (AD) that would apply to certain EXTRA Flugzeugbau GmbH (EXTRA) Models EA-300, EA-300L, and EA-300S airplanes. The proposed AD would 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. The proposed AD would require 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). The proposed AD is the result of reports of fatigue cracks at the horizontal stabilizer attachment on the affected airplanes. The actions specified by the proposed 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: The Federal Aviation Administration (FAA) must receive any comments on this proposed rule on or before October 31, 2001.

ADDRESSES: Submit comments to FAA, Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 99-CE-85-AD, 901 Locust, Room 506, Kansas City, Missouri 64106. You may view any comments at this location between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays.

You may get service information that applies to this proposed 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 also view this information at the Rules Docket at the address above.

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:

Comments Invited

How Do I Comment on This Proposed AD?

The FAA invites comments on this proposed rule. You may submit whatever written data, views, or arguments you choose. You need to include the rule's docket number and submit your comments to the address specified under the caption ADDRESSES. We will consider all comments received on or before the closing date. We may amend this proposed rule in light of comments received. Factual information that supports your ideas and suggestions is extremely helpful in evaluating the effectiveness of this proposed AD action and determining whether we need to take additional rulemaking action.

Are There Any Specific Portions of This Proposed AD I Should Pay Attention to?

FAA specifically invites comments on the overall regulatory, economic, environmental, and energy aspects of this proposed rule that might suggest a need to modify the rule. You may view all comments we receive before and after the closing date of the rule in the Rules Docket. We will file a report in the Rules Docket that summarizes each contact we have with the public that concerns the substantive parts of this proposed AD.

How Can I Be Sure FAA Receives My Comment?

If you want us to acknowledge the receipt of your comments, you must include a self-addressed, stamped postcard. On the postcard, write ``Comments to Docket No. 99-CE-85-AD.'' We will date stamp and mail the postcard back to you.

Discussion

What Events Have Caused This Proposed 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 Are the Consequences if the Condition Is Not Corrected?

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

Is There Service Information That Applies to This Subject?

As indicated above, EXTRA Service Bulletin SB-300-2-95 pertains to this subject. EXTRA has since revised Service Bulletin No. 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).

What Action Did LBA Take?

As of the issue date of this NPRM, LBA has not taken AD action on this subject.

The FAA's Determination and an Explanation of the Provisions of the Proposed AD

What Has FAA Decided?

After examining the circumstances and reviewing all available information

[[Page 49149]]

related to the incidents described above, including the referenced service information, we have determined that:

--The unsafe condition referenced in this document exists or could develop on other EXTRA Models EA-300, EA-300L, and EA-300S airplanes of the same type design registered in the United States; and --AD action should be taken in order 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.

What Would the Proposed AD Require?

This proposed AD would 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 --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.

Accomplishment of the actions specified in the proposed AD would be in accordance with the instructions included in the proposed AD and as specified in the applicable service manual.

Cost Impact

How Many Airplanes Would the Proposed AD Impact?

We estimate that the proposed AD affects 55 airplanes in the U.S. registry.

What Would Be the Cost Impact of the Proposed AD on Owners/Operators of the Affected Airplanes?

We estimate the following costs to accomplish the proposed inspection:

Total cost on U.S. Labor cost

Parts cost

Total cost per airplane

operators

24 workhours x $60 per hour = $1,440 Not Applicable............................ $1,440 per airplane....................... $1,440 x 55 airplanes = $79,200.

We estimate the following costs to accomplish the proposed modification:................................................................................

20 workhours x $60 per hour = $1,200 Provided at no cost....................... $1,200 per airplane....................... $1,200 x 55 airplanes = $66,000.

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

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

Would This Proposed AD Impact Various Entities?

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

Would This Proposed AD Involve a Significant Rule or Regulatory Action?

For the reasons discussed above, I certify that this proposed 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) if promulgated, 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 draft regulatory evaluation prepared for this action has been placed 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, Safety.

The Proposed Amendment

Accordingly, under the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend 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 airworthiness directive (AD) to read as follows:

    EXTRA Flugzeugbau GMBH: Docket No. 99-CE-85-AD.

    (a) What airplanes are affected by this AD? This AD applies to the following airplane models and serial numbers that are certificated in any category:

    Model

    Serial Nos.

    EA-300................................. 1 through 62 EA-300L................................ 1 through 5 EA-300S................................ 1 through 29

    (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:

    [[Page 49150]]

    Actions

    Compliance

    Procedures

    (1) For all affected

    Upon accumulating In accordance with airplanes, inspect, using a 250 hours time-in- Part I of Extra fluorescent dye penetrant service (TIS) or Service Bulletin method, the upper longeron within the next 50 No. 300-2-95 (pages at the horizontal

    hours TIS after the 2-6 at Issue: C, stabilizer attachment for effective date of dated July 15, cracks in the areas

    this AD, whichever 1998; and pages 1 depicted in Figure 1 of occurs later.

    and 7 through 11 at this AD.

    Issue: D, dated January 30, 2001). No further action is 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, 1998).

    (2) For all affected air Prior to further In accordance with planes, if no crack(s)

    flight after the Part II of Extra is(are) found during the inspection required Service Bulletin inspection required by this by paragraph (d)(1) No. 300-2-95 (pages AD, modify the upper

    of this AD.

    2-6 at Issue: C, longeron at the horizontal

    dated July 15, stabilizer attachment.

    1998; and pages 1 and 7 through 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

    Prior to further In accordance with airplanes, if any crack is flight after the Part II of Extra found during the inspection inspection where Service Bulletin required by this AD and the any crack is found No. 300-2-95, crack(s) is(are) in Area A in Area A or Area B Issue: D, dated or Area B as depicted in as depicted in

    January 30, 2001. Figure 1 of this AD,

    Figure 1 of this Ad. No further action accomplish the following:

    is required by this (i) Repair and modify the

    paragraph if upper longeron at the

    already horizontal stabilizer

    accomplished in attachment; and.

    accordance with (ii) Weld the cracks tight

    Part II of Extra during repair..

    Service Bulletin No. 300-2-95 (all pages at Issue: C, dated July 15, 1998).

    (4) For all affected

    Prior to further In accordance with a airplanes, if any crack is flight after the repair scheme found during the inspection inspection where obtained from EXTRA and the crack(s) is(are) in any crack is found. Flugzeugbau GmbH, Area C as depicted in

    Flugplatz Figure 1 of this AD,

    Dinslaken, D-46569 accomplish the following:

    Hunxe, Federal (i) Obtain a repair scheme

    Republic of from the manufacturer;.

    Germany; telephone: (ii) Incorporate this repair

    (0 28 58) 91 37-00; scheme; and.

    facsimile: (0 28 (iii) Accomplish any follow-

    58) 91 37-30. up actions as directed by

    Obtain this repair the FAA..

    scheme through FAA at the address specified in paragraph (f) of this and AD.

    (5) For airplanes with less Within the next 50 Not applicable. than 200 hours TIS as of hours TIS after the the effective date of this effective date of AD, limit operation to the this AD until the Normal category by

    inspection and the accomplishing the

    modification following:

    required by this AD (i) Fabricate two placards are accomplished. using 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

    Within the next 50 Make an entry into holding at least a private hours TIS after the the aircraft pilot certificate as

    effective date of records showing authorized by section 43.7 this AD until the compliance with of the Federal Aviation first inspection this AD in Regulations (14 CFR 43.7) and the

    accordance with may fabricate and install modification

    section 43.9 of the the placard as required by required by this AD Federal Aviation paragraphs (d)(5)(i) and are accomplished. Regulations (14 CFR (d)(5)(ii) of this AD and

    and the 43.9). 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 Within the next 200 In accordance with EA-300S airplanes, modify hours TIS after the Part III of Extra the fuselage frame

    effective date of Service Bulletin underneath the stabilizer this AD.

    No. 300-2-95 (pages attachment.

    2-6 at Issue: C, dated July 15, 1998; and pages 1 and 7 through 11 at Issue: D, dated January 30, 2001).

    [[Page 49151]]

    (8) For all affected

    Upon accumulating Inspect in airplanes with less than 250 hours TIS or accordance with 200 hours TIS as of the within the next 50 Figure 1 of this AD effective date of this AD, hours TIS after the and Part I of Extra the inspection,

    effective date of Service Bulletin modification, and repair, this AD, whichever No. 300-2-95 (pages as necessary, (as specified occurs later.

    2-6 at Issue: C, in paragraphs (d)(1)

    dated July 15, through (d0(4) of this AD)

    1998; and pages 1 may be accomplished instead

    and 7 through 11 at of the operational

    Issue: D, dated limitations of paragraph

    January 30, 2001). (d)(5) of this AD.

    Modify in accordance with Part II of the service bulletin. Repair in accordance with the service bulletin or a repair scheme obtained from the manufacturer, as applicable.

    [GRAPHIC] [TIFF OMITTED] TP26SE01.000

    (e) 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 1: 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 (e) 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.

    (f) 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.

    (g) 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.

    (h) How do I get copies of the documents referenced in this AD? Direct questions or technical information related to Extra Service Bulletin No. 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) to 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 service information at FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106.

    [[Page 49152]]

    Issued in Kansas City, Missouri, on September 18, 2001. Michael Gallagher, Manager, Small Airplane Directorate, Aircraft Certification Service.

    [FR Doc. 01-24024Filed9-25-01; 8:45 am]

    BILLING CODE 4910-13-U

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