[Federal Register Volume 62, Number 250 (Wednesday, December 31, 1997)]
[Proposed Rules]
[Pages 68239-68241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-34046]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-CE-81-AD]
RIN 2120-AA64
Airworthiness Directives; EXTRA Flugzeugbau GmbH Model EA-300
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) Model
EA-300 airplanes. The proposed action would require removing the
elevator mass balance and replacing it with a reinforced mass balance
of improved design using new stop nuts. The proposed AD is the result
of mandatory continuing airworthiness information (MCAI) issued by the
airworthiness authority for Germany. The actions specified by the
proposed AD are intended to prevent damage and possible jamming of the
airplane's control system, which, if not corrected, could cause loss of
control of the airplane.
DATES: Comments must be received on or before January 27, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Central Region, Office of the Regional Counsel,
Attention: Rules Docket No. 97-CE-81-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, Schwarze Heide 21, 46569 Hunxe, Germany,
telephone 49-2358-9137-0; facsimile 49-2858-9137-30. This information
also may be examined at the Rules Docket at the address above.
FOR FURTHER INFORMATION CONTACT: Karl M. Schletzbaum, Aerospace
Engineer, Small Airplane Directorate, Aircraft Certification Service,
1201 Walnut, suite 900, Kansas City, Missouri 64106, telephone (816)
426-6932; 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-81-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-81-AD, Room 1558, 601 E. 12th Street, Kansas
City, Missouri 64106.
Discussion
The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority
for
[[Page 68240]]
Germany, recently notified the FAA that an unsafe condition may exist
on certain EXTRA Model EA-300 airplanes. The LBA reports that during
routine inspections, inspectors found cracks at the elevator mass
balance support. These conditions, if not detected and corrected, could
result in jamming of the airplane's control system causing loss of
control of the airplane.
Relevant Service Information
EXTRA has issued EA-300, Elevator Mass Balance Service Bulletin No.
300-1-92, Issue A, dated March 27, 1992, which specifies procedures for
inspecting the elevator mass balance attachment plate and replacing the
elevator mass balance with a reinforced mass balance of improved
design.
The LBA classified this service bulletin as mandatory and issued
German AD 92-199 EXTRA, dated April 13, 1992, 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 has kept the FAA informed of
the situation described above.
The FAA has examined the findings of the LBA, reviewed all
available information, and determined that AD action is necessary for
products of this type design that are certificated for operation in the
United States.
Differences Between the Manufacturer's Service Information and the
Proposed Action
The FAA has determined that it is more beneficial and less
cumbersome to require a replacement of each elevator mass balance and
forego an initial inspection. The FAA is proposing this alternative
because the one-time replacement is more time and labor efficient. The
LBA and the manufacturer are requiring, prior to further flight:
(1) an initial inspection for cracks, and
(2) if cracks are found, replacing the part, prior to further
flight, and
(3) if no cracks are found, replacing the part prior to
accumulating certain hours time-in-service.
The one time replacement proposed in this AD would take precedence
over the instructions for repetitively inspecting and replacing
required in the German AD and manufacturer's service bulletin.
The FAA has also reviewed the compliance times recommended by the
manufacturer and by the LBA AD.
This review showed compliance prior to further flight, which
grounds airplanes, and a second compliance, after the initial
inspection.
The FAA decided that one compliance time and one action is less
cumbersome and would not present any undue burden on any of the owner/
operators of any U.S.-registered airplanes. Therefore, the compliance
time stated in the body of the proposed AD would take precedence over
the compliance time recommended by the manufacturer and the LBA for
Germany.
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 Model EA-300 airplanes of the same type
design registered in the United States, the proposed AD would require
removing each elevator mass balance, and replacing each elevator mass
balance with a reinforced elevator mass balance of improved design
(part number (P/N) PC-33202.1B), using new stop nuts.
Cost Impact
The FAA estimates that 20 airplanes in the U.S. registry would be
affected by the proposed AD, that it would take approximately 3
workhours per airplane to accomplish the proposed action, and that the
average labor rate is approximately $60 an hour. Parts cost
approximately $100 per airplane. Based on these figures, the total cost
impact of the proposed AD on U.S. operators is estimated to be $5,600
or $280 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-81-AD.
Applicability: Model EA-300 airplanes (serial numbers V1, and
001 through 034), certificated in any category.
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 (c) 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 within the next 50 hours time-in-service
(TIS) after the effective date of this AD, unless already
accomplished.
To prevent possible jamming of the airplane's control system,
which, if not corrected, could cause loss of control of the
airplane, accomplish the following:
(a) Replace the elevator mass balance with a new reinforced
elevator mass balance (part number (P/N) PC-33202.1B), using new
stop nuts in accordance with the Instructions section of the EXTRA
EA-300, Elevator Mass Balance, Service Bulletin No. 300-1-92, Issue
A, dated March 27, 1992.
(b) Special flight permits may be issued in accordance with
sections 21.197 and 21.199
[[Page 68241]]
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.
(c) 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, Aircraft
Certification Service, 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.
(d) All persons affected by this directive may obtain copies of
the document referred to herein upon request to Extra Flugzeugbau,
GmbH, Schwarze Heide 21, 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 92-199
Extra, dated April 13, 1992.
Issued in Kansas City, Missouri, on December 23, 1997.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 97-34046 Filed 12-30-97; 8:45 am]
BILLING CODE 4910-13-U
