[Federal Register Volume 69, Number 218 (Friday, November 12, 2004)]
[Proposed Rules]
[Pages 65388-65391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25193]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19443; Directorate Identifier 2004-CE-32-AD]
RIN 2120-AA64


Airworthiness Directives; EXTRA Flugzeugbau GmbH Model EA-300 and 
EA-300/S Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 98-
03-14, which applies to certain EXTRA Flugzeugbau GmbH (EXTRA) Model 
EA-300 and EA-300/S airplanes. AD 98-03-14 currently requires you to 
inspect the upper longeron cutout-bridge for cracks, repairing any 
cracks found, and modifying this area. This proposed AD would retain 
the actions of AD 98-03-14 and incorporate new service information. For 
owner/operators of the affected airplanes that were able to do the 
modification required in AD 98-03-14, no further action would be 
required. This proposed AD results from mandatory continuing 
airworthiness information (MCAI) issued by the airworthiness authority 
for Germany. We are issuing this proposed AD to detect and correct 
cracks in the upper longeron cutout-bridge, which could cause the upper 
longeron cutout-bridge to fail resulting in structural damage to the 
fuselage.

[[Page 65389]]

This condition could lead to loss of control of the airplane.

DATES: We must receive any comments on this proposed AD by December 15, 
2004.

ADDRESSES: Use one of the following to submit comments on this proposed 
AD:
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
    <bullet> Fax: 1-202-493-2251.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    To get the service information identified in this proposed AD, 
contact Extra Flugzeubau GmbH, Flugplatz Dinslaken, D-46569 H[uuml]nxe, 
Germany.
    To view the comments to this proposed AD, go to http://dms.dot.gov. 
The docket number is FAA-2004-19443.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, MO 
64106; telephone: (816) 329-4146; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

    How do I comment on this proposed AD? We invite you to submit any 
written relevant data, views, or arguments regarding this proposal. 
Send your comments to an address listed under ADDRESSES. Include the 
docket number, ``FAA-2004-19443; Directorate Identifier 2004-CE-32-AD'' 
at the beginning of your comments. We will post all comments we 
receive, without change, to http://dms.dot.gov, including any personal 
information you provide. We will also post a report summarizing each 
substantive verbal contact with FAA personnel concerning this proposed 
rulemaking. Using the search function of our docket Web site, anyone 
can find and read the comments received into any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
This is docket number FAA-2004-19443. You may review the DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477-78), or you may visit http://dms.dot.gov.
    Are there any specific portions of this proposed AD I should pay 
attention to? We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of this 
proposed AD. If you contact us through a nonwritten communication and 
that contact relates to a substantive part of this proposed AD, we will 
summarize the contact and place the summary in the docket. We will 
consider all comments received by the closing date and may amend this 
proposed AD in light of those comments and contacts.

Docket Information

    Where can I go to view the docket information? You may view the AD 
docket that contains the proposal, any comments received, and any final 
disposition in person at the DMS Docket Offices between 9 a.m. and 5 
p.m. (eastern standard time), Monday through Friday, except Federal 
holidays. The Docket Office (telephone 1-800-647-5227) is located on 
the plaza level of the Department of Transportation NASSIF Building at 
the street address stated in ADDRESSES. You may also view the AD docket 
on the Internet at http://dms.dot.gov. The comments will be available 
in the AD docket shortly after the DMS receives them.

Discussion

    Has FAA taken any action to this point? The Luftfahart-Bundesamt 
(LBA), which is the airworthiness authority for Germany, notified us 
that life cycle testing of the upper longeron cutout-bridge revealed 
potential cracks. This condition caused us to issue AD 98-03-14, 
Amendment 39-10307 (63 FR 5881, February 5, 1998). AD 98-03-14 
currently requires you to do the following for certain EXTRA Model EA-
300 and EA-300/S airplanes:
    <bullet> Inspect the upper longeron cutout-bridge for cracks;
    <bullet> Repair any cracks you find; and
    <bullet> Modify this area.
    You were required to do these actions following EXTRA Service 
Bulletin EA-300 & EA-300/S, Doc: SB-300-3-93, Issue: A, Date: January 
12, 1994.
    What has happened since AD 98-03-14 to initiate this proposed 
action? LBA notified FAA of the need to change AD 98-03-14. The LBA 
reports that not all affected airplanes could have the required 
modification done following EXTRA Service Bulletin EA-300 & EA-300/S, 
Doc: SB-300-3-93, Issue: A, Date: January 12, 1994.
    Installing the new steel sleeves may cause distortion to the upper 
longeron bridge cutout and the fuselage. The distortion may cause 
misalignment of the steel sleeves fore and aft of the cutouts.
    This caused EXTRA to issue a new service bulletin. The new service 
bulletin includes additional procedures for modifying the upper 
longeron cutout-bridge. If you modify the upper longeron bridge-cutout 
following Procedure II, the new service bulletin specifies replacing 
the new bridges every 1,000 hours time-in-service (TIS).
    What is the potential impact if FAA took no action? If not detected 
and corrected, cracks in the upper longeron cutout-bridge could cause 
the upper longeron cutout-bridge to fail, which could result in 
structural damage to the fuselage. This failure could lead to loss of 
control of the airplane.
    Is there service information that applies to this subject? EXTRA 
has issued Service Bulletin EA-300 & EA-300/S Doc: SB-300-3-93, Issue: 
B, Date: June 10, 1998.
    What are the provisions of this service information? The service 
bulletin includes procedures for:
    <bullet> Inspecting the upper longeron cutout-bridge for cracks;
    <bullet> Repairing any cracks found in the upper longeron cutout-
bridge;
    <bullet> Modifying the upper longeron cutout-bridge using Procedure 
I or Procedure II; and
    <bullet> If Procedure II was used, replacing the new bridges every 
1,000 hours TIS.
    What action did the LBA take? The LBA classified this service 
bulletin as mandatory and issued German AD Number D-1994-043R1, dated 
May 17, 2004, to ensure the continued airworthiness of these airplanes 
in Germany.
    Did the LBA inform the United States under the bilateral 
airworthiness agreement? These EXTRA Model EA-300 and EA-300/S 
airplanes are manufactured in Germany and are 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.
    Under this bilateral airworthiness agreement, the LBA has kept us 
informed of the situation described above.

FAA's Determination and Requirements of This Proposed AD

    What has FAA decided? We have examined the LBA's findings, reviewed 
all available information, and determined that AD action is necessary

[[Page 65390]]

for products of this type design that are certificated for operation in 
the United States.
    Since the unsafe condition described previously is likely to exist 
or develop on other EXTRA Model EA-300 and EA-300/S airplanes of the 
same type design that are registered in the United States, we are 
proposing AD action. The proposed AD is to detect and correct cracks in 
the upper longeron cutout-bridge, which could result in structural 
damage to the fuselage. This failure could lead to loss of control of 
the airplane.
    What would this proposed AD require? This proposed AD would 
supersede 98-03-14 with a new AD that would retain the actions required 
in AD 98-03-14 and incorporate new service information.
    How does the revision to 14 CFR part 39 affect this proposed AD? On 
July 10, 2002, we published a new version of 14 CFR part 39 (67 FR 
47997, July 22, 2002), which governs FAA's AD system. This regulation 
now includes material that relates to altered products, special flight 
permits, and alternative methods of compliance. This material 
previously was included in each individual AD. Since this material is 
included in 14 CFR part 39, we will not include it in future AD 
actions.

Costs of Compliance

    How many airplanes would this proposed AD impact? We estimate that 
this proposed AD affects 54 airplanes in the U.S. registry.
    What would be the cost impact of this proposed AD on owners/
operators of the affected airplanes? We estimate the following costs to 
do the proposed inspection:

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                                                                     Total cost  per       Total cost on U.S.
            Labor cost                       Parts cost                  airplane               operators
----------------------------------------------------------------------------------------------------------------
3 workhours x $65 per hour = $195  Not applicable................                $195     $195 x $54 = $10,530.
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    We estimate the following costs to do any necessary repairs that 
would be required based on the results of this proposed inspection. We 
have no way of determining the number of airplanes that may need this 
repair:

------------------------------------------------------------------------
          Labor cost             Parts cost    Total cost per airplane
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10 workhours x $65 per hour =          $200       $650 + $200 = $850.
 $650.........................
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    What is the difference between the cost impact of this proposed AD 
and the cost impact of AD 98-03-14? The difference between the cost 
impact of AD 98-03-14 and this proposed AD is the proposed replacement 
of the new bridges every 1,000 hours TIS if the upper longeron bridge-
cutout is modified following Procedure II of the new service bulletin.

Regulatory Findings

    Would this proposed AD impact various entities? We have 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.
    Would this proposed AD involve a significant rule or regulatory 
action? For the reasons discussed above, I certify that this proposed 
AD:
    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 summary of the costs to comply with this proposed AD 
and placed it in the AD Docket. You may get a copy of this summary by 
sending a request to us at the address listed under ADDRESSES. Include 
``AD Docket No. 2004-CE-32-AD'' in your request.

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 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 removing Airworthiness Directive 
(AD) 98-03-14, Amendment 39-10307 (63 FR 5881, February 5, 1998), and 
by adding a new AD to read as follows:

EXTRA Flugzeugbau GmbH: Docket No. FAA-2004-19443; Directorate 
Identifier 2004-CE-32-AD; Supersedes AD 98-03-14, Amendment 39-
10307.

When Is the Last Date I Can Submit Comments on This Proposed AD?

    (a) We must receive comments on this proposed airworthiness 
directive (AD) by December 15, 2004.

What Other ADs Are Affected by This Action?

    (b) This AD supersedes AD 98-03-14, Amendment 39-10307.

What Airplanes Are Affected by This AD?

    (c) This AD affects the following airplane models and serial 
numbers that:
    (i) are certificated in any category; and
    (ii) have not had the left-hand (LH) and right-hand (RH) upper 
longeron bridge-cutouts inspected and modified following EXTRA 
Service Bulletin EA-300 & EA-300/S Doc: SB-300-3-93, Issue: A, Date: 
January 12, 1994.

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                   Model                           Serial numbers
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EA-300....................................  V1 and 01 through 50.
EA-300/S..................................  1 through 17.
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What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for 
Germany. The actions specified in this AD are intended to detect and 
correct cracks in the upper longeron cutout-bridge, which could 
cause the upper longeron cutout-bridge to fail resulting in 
structural damage to the fuselage. This condition could lead to loss 
of control of the airplane.

What Must I Do To Address This Problem?

    (e) To address this problem, you must do the following:

[[Page 65391]]



------------------------------------------------------------------------
             Actions                  Compliance          Procedures
------------------------------------------------------------------------
(1) Inspect the LH and RH upper   Upon accumulating   Follow EXTRA
 longeron cutout-bridge, part      1,000 hours time-   Service Bulletin
 number (P/N) PC-23102.1X) for     in-service (TIS)    EA-300 & EA-300/S
 cracks.                           on the upper        Doc: SB-300-3-93,
                                   longeron or         Issue: A, Date:
                                   within the next     January 12, 1994;
                                   100 hours TIS       or EXTRA Service
                                   after March 16,     Bulletin EA-300 &
                                   1998 (the           EA-300/S Doc: SB-
                                   effective date of   300-3-93, Issue:
                                   AD 98-03-14),       B, Date: June 10,
                                   whichever occurs    1998.
                                   later, unless
                                   already done.
(2) If you find any cracks in     Before further      Follow EXTRA
 the upper longeron cutout-        flight after the    Service Bulletin
 bridged during the inspection     inspection          EA-300 & EA-300/S
 required in paragraph (e)(1) of   required in         Doc: SB-300-3-93,
 this AD, do the following:        paragraph (e)(1)    Issue: A, Date:
(i) Repair any cracks; and......   of this AD,         January 12, 1994;
(ii) Modify the upper longeron     unless already      or EXTRA Service
 cutout-bridge..                   done.               Bulletin EA-300 &
                                                       EA-300/S Doc: SB-
                                                       300-3-93, Issue:
                                                       B, Date: June 10,
                                                       1998.
(3) If you do not find any        Before further      Follow EXTRA
 cracks in the upper longeron      flight after the    Service Bulletin
 cutout-bridge during the          inspection          EA-300 & EA-300/S
 inspection required in            required in         Doc: SB-300-3-93,
 paragraph (e)(1) of this AD,      paragraph (e)(1)    Issue: A, Date:
 you must still modify the upper   of this AD,         January 12, 1994;
 longeron cutout-bridge.           unless already      or EXTRA Service
                                   done.               Bulletin EA-300 &
                                                       EA-300/S Doc: SB-
                                                       300-3-93, Issue:
                                                       B, Date: June 10,
                                                       1998.
(4) If you modified the upper     As of the           As stated in EXTRA
 longeron cutout-bridge            effective date of   Service Bulletin
 following EXTRA Service           this AD.            EA-300 & EA-300/S
 Bulletin EA-300 & EA-300/S Doc:                       Doc: SB-300-3-93,
 SB-300-3-93, Issue: A, Date:                          Issue: A, Date:
 January 12, 1994, or EXTRA                            January 12, 1994,
 Service Bulletin EA-300 & EA-                         or EXTRA Service
 300/S Doc: SB-300-3-93, Issue:                        Bulletin EA-300 &
 B, Date: June 10, 1998,                               EA-300/S Doc: SB-
 Procedure I, you do not need to                       300-3-93, Issue:
 do any further actions.                               B, Date: June 10,
                                                       1998.
(5) If you modified the upper     As of the           As stated EXTRA
 longeron cutout-bridge            effective date of   Service Bulletin
 following Procedure II of EXTRA   this Ad.            EA-300 & EA-300/S
 Service Bulletin EA-300 & EA-                         Doc: SB-300-3-93,
 300/S Doc: SB-300-3-93, Issue:                        Issue: A, Date:
 B, Date: June 10, 1998, you                           January 12, 1994;
 must replace the new internal                         or EXTRA Service
 bridges every 1,000 hours TIS.                        Bulletin EA-300 &
                                                       EA-300/S Doc: SB-
                                                       300-3-93, Issue:
                                                       B, Date: June 10,
                                                       1998.
------------------------------------------------------------------------

May I Request an Alternative Method of Compliance?

    (f) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.19. Unless FAA authorizes otherwise, send your request to 
your principal inspector. The principal inspector may add comments 
and will send your request to the Manager, Standards Office, Small 
Airplane Directorate, FAA. For information on any already approved 
alternative methods of compliance, contact Karl Schletzbaum, 
Aerospace Engineer, Small Airplane Directorate, 901 Locust, Room 
301, Kansas City, MO 64106; telephone: (816) 329-4146; facsimile: 
(816) 329-4090.

Is There Other Information That Relates to This Subject?

    (g) German AD Number D-1994-043R1, dated May 17, 2004, also 
addresses the subject of this AD.

May I Get Copies of the Documents Referenced in This AD?

    (h) To get copies of the documents referenced in this AD, 
contact Extra Flugzeubau GmbH, Flugplatz Dinslaken, D-46569 
H[uuml]nxe, Germany. To view the AD docket, go to the Docket 
Management Facility; U.S. Department of Transportation, 400 Seventh 
Street, SW., Nassif Building, Room PL-401, Washington, DC, or on the 
Internet at http://dms.dot.gov. This is docket number FAA-2004-
19443.

    Issued in Kansas City, Missouri, on November 5, 2004.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-25193 Filed 11-10-04; 8:45 am]
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