[Federal Register Volume 62, Number 214 (Wednesday, November 5, 1997)]
[Proposed Rules]
[Pages 59826-59827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29231]
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Proposed Rules
Federal Register
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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.
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Federal Register / Vol. 62, No. 214 / Wednesday, November 5, 1997 /
Proposed Rules
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-CE-85-AD]
RIN 2120-AA64
Airworthiness Directives; EXTRA Flugzeugbau GmbH Models EA-300
and EA-300/S Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes to adopt a new airworthiness directive
(AD) that would apply to certain EXTRA Flugzeugbau GmbH (EXTRA) Models
EA-300 and EA-300/S airplanes. The proposed AD would require inspecting
the upper longeron cutout bridge for cracks, repairing any cracks
found, and modifying this area. The proposed AD is the result of
mandatory continued airworthiness information (MCAI) issued by the
airworthiness authority for Germany. The actions specified by the
proposed AD are intended to prevent structural damage to the fuselage
caused by cracks in the upper longeron cutout bridge, which, if not
detected and corrected, could result in loss of control of the
airplane.
DATES: Comments must be received on or before December 8, 1997.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Central Region, Office of the Regional Counsel,
Attention: Rules Docket No. 97-CE-85-AD, Room 1558, 601 E. 12th Street,
Kansas City, Missouri 64106. Comments may be inspected at this location
between 8 a.m. and 4 p.m., Monday through Friday, holidays excepted.
Service information that applies to the proposed AD may be obtained
from EXTRA Flugzeugbau GmbH, Flugplatz Dinslaken, 46569 Hunxe, Germany.
This information also may be examined at the Rules Docket at the
address above.
FOR FURTHER INFORMATION CONTACT: Mr. Karl Schletzbaum, Aerospace
Engineer, FAA, Small Airplane Directorate, 1201 Walnut Street, suite
900, Kansas City, Missouri 64106; telephone (816) 426-6934; facsimile
(816) 426-2169.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications should identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this notice may be changed in
light of the comments received.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report that summarizes each FAA-public contact concerned
with the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket No. 97-CE-85-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Central Region, Office of the Regional Counsel, Attention:
Rules Docket No. 97-CE-85-AD, Room 1558, 601 E. 12th Street, Kansas
City, Missouri 64106.
Discussion
The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority
for Germany, recently notified the FAA that an unsafe condition may
exist on certain EXTRA Models EA-300 and EA-300/S airplanes. The LBA
reports that life-cycle testing of the referenced airplanes revealed a
potential for cracking on the upper longeron cutout bridge. These
conditions, if not detected and corrected, could result in structural
damage to the fuselage and eventual loss of control of the airplane.
Relevant Service Information
EXTRA has issued Service Bulletin No. 300-3-93, dated January 12,
1994, which specifies procedures for inspecting the upper longeron
cutout bridge for cracks, repairing any cracks found, and modifying
this area.
The LBA classified this service bulletin as mandatory and issued
German AD No. 94-043, dated October 21, 1994, in order to assure the
continued airworthiness of these airplanes in Germany.
The FAA's Determination
This airplane model is manufactured in Germany and is 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. Pursuant to this
bilateral airworthiness agreement, the LBA for Germany has kept the FAA
informed of the situation described above.
The FAA has examined the findings of the LBA for Germany; reviewed
all available information, including the service information referenced
above; and determined that AD action is necessary for products of this
type design that are certificated for operation in the United States.
Explanation of the Provisions of the Proposed AD
Since an unsafe condition has been identified that is likely to
exist or develop in other EXTRA Models EA-300 and EA-300/S airplanes of
the same type design registered in the United States, the FAA is
proposing AD action. The proposed AD would require inspecting the upper
longeron cutout bridge for cracks, repairing any cracks found, and
modifying this area. Accomplishment of the proposed actions would be in
accordance with EXTRA Service Bulletin No. 300-3-93, dated January 12,
1994.
Cost Impact
The FAA estimates that 68 airplanes in the U.S. registry would be
affected by
[[Page 59827]]
the proposed AD, that it would take approximately 13 workhours
(Inspection: 3 workhours; Modification: 10 workhours) per airplane to
accomplish the proposed action, and that the average labor rate is
approximately $60 an hour. Parts cost approximately $200 per airplane.
Based on these figures, the total cost impact of the proposed AD on
U.S. operators is estimated to be $66,640, or $980 per airplane.
Regulatory Impact
The regulations proposed herein would not have substantial direct
effects 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, in
accordance with Executive Order 12612, it is determined that this
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this 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, pursuant to 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. Section 39.13 is amended by adding a new airworthiness directive
(AD) to read as follows:
Extra Flugzeugbau GMBH: Docket No. 97-CE-85-AD.
Applicability: The following models and serial number airplanes,
certificated in any category:
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Model Serial numbers
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EA-300.................................... V1 and 01 through 50.
EA-300/S.................................. 01 through 17.
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Note 1: This AD applies to each airplane identified in the
preceding applicability provision, 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 (d) 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 the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated in the body of this AD, unless
already accomplished.
To prevent structural damage to the fuselage caused by cracks in
the upper longeron cutout bridge, which, if not detected and
corrected, could result in loss of control of the airplane,
accomplish the following:
(a) Upon accumulating 1,000 hours time-in-service (TIS) on the
upper longeron or within the next 100 hours TIS after the effective
date of this AD, whichever occurs later, inspect the upper longeron
cutout bridge for cracks in accordance with the Instructions section
of EXTRA Service Bulletin No. 300-3-93, dated January 12, 1994.
(b) Prior to further flight after the inspection required by
paragraph (a) of this AD, accomplish the following in accordance
with the Instructions section of EXTRA Service Bulletin No. 300-3-
93, dated January 12, 1994:
(1) Repair any cracks found in the upper longeron cut-out
bridge; and
(2) Modify the upper longeron cut-out bridge.
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(d) An alternative method of compliance or adjustment of the
compliance time that provides an equivalent level of safety may be
approved by the Manager, Small Airplane Directorate, FAA, 1201
Walnut, suite 900, Kansas City, Missouri 64106. The request shall be
forwarded through an appropriate FAA Maintenance Inspector, who may
add comments and then send it to the Manager, Small Airplane
Directorate.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Small Airplane Directorate.
(e) All persons affected by this directive may obtain copies of
the document referred to herein upon request to EXTRA Flugzeugbau
GmbH, Flugplatz Dinslaken, 46569 Hunxe, Germany; or may examine this
document at the FAA, Central Region, Office of the Regional Counsel,
Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.
Note 3: The subject of this AD is addressed in German AD No. 94-
043, dated October 21, 1994.
Issued in Kansas City, Missouri, on October 29, 1997.
Mary Ellen A. Schutt,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 97-29231 Filed 11-4-97; 8:45 am]
BILLING CODE 4910-13-P