[Federal Register Volume 72, Number 15 (Wednesday, January 24, 2007)]
[Rules and Regulations]
[Pages 3050-3052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-775]



[[Page 3050]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26134; Directorate Identifier 2006-CE-56-AD; 
Amendment 39-14898; AD 2007-02-11]
RIN 2120-AA64


Airworthiness Directives; EXTRA Flugzeugproduktions-und 
Vertriebs-GmbH Models EA-300, EA-300S, EA-300L, and EA-300/200 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) to 
supersede AD 2002-21-11, which applies to certain EXTRA Flugzeugbau 
GmbH (EXTRA) Model EA-300S airplanes. AD 2002-21-11 currently requires 
you to inspect, using a fluorescent dye check penetrant method, the 
upper longeron at the horizontal stabilizer attachment for cracks, 
repair any cracks found, and modify the horizontal stabilizer. That AD 
also requires a limit on operation to the Normal category until the 
initial inspection and modification on airplanes with less than 200 
hours time-in-service is done. Since we issued AD 2002-21-11, cracks 
have been found on Models EA-300L and EA-300/200 airplanes. 
Consequently, this AD adds airplanes to the Applicability section and 
requires you to inspect and modify the upper longeron at the horizontal 
stabilizer attachment. This AD results from mandatory continuing 
airworthiness information (MCAI) issued by the airworthiness authority 
for Germany. We are issuing this AD to detect, correct, and prevent 
cracks in the upper longeron at the horizontal stabilizer attachment, 
which could result in structural failure of the aft fuselage. This 
failure could lead to loss of control.

DATES: This AD becomes effective on February 28, 2007.
    As of February 28, 2007, the Director of the Federal Register 
approved the incorporation by reference of certain publications listed 
in the regulation.

ADDRESSES: For service information identified in this AD, contact EXTRA 
Flugzeugproduktions-und Vertriebs-GmbH, Schwarze Heide 21, D-46569 
Huenxe, Germany; fax: (+49)-2858-9137-42.
    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 20590-001 or on the Internet at http://dms.dot.gov. The docket number is FAA-2006-26134; Directorate 
Identifier 2006-CE-56-AD.

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

SUPPLEMENTARY INFORMATION:

Discussion

    On November 15, 2006, we issued a proposal to amend part 39 of the 
Federal Aviation Regulations (14 CFR part 39) to include an AD that 
would apply to certain EXTRA Flugzeugproduktions-und Vertriebs-GmbH 
(EXTRA) Models EA-300, EA-300S, EA-300L, and EA-300/200 airplanes. This 
proposal was published in the Federal Register as a notice of proposed 
rulemaking (NPRM) on November 22, 2006 (71 FR 67499). The NPRM proposed 
to supersede AD 2002-21-11, Amendment 39-12917 (67 FR 65479, October 
25, 2002), with a new AD that would require you to do the following:
    <bullet> Inspect the upper longeron at the horizontal stabilizer 
attachment for cracks;
    <bullet> Reinforce the upper longeron in the area of the horizontal 
stabilizer attachment; and
    <bullet> Install V-tubes to reinforce fuselage frame underneath the 
horizontal stabilizer attachment bracket on Models EA-300S and EA-300L 
airplanes only.

Comments

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

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed 
except for minor editorial corrections. We have determined that these 
minor corrections:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Differences Between the European Authority AD, the Service Bulletin, 
and This AD

    EASA AD No. 2006-0281, dated September 14, 2006, and EXTRA Service 
Bulletin No. 300-2-95, Issue: F, Dated: July 10, 2006, allow 50-hour 
repetitive inspections of the horizontal stabilizer attachment with the 
option of installing the modification kits as a terminating action for 
the repetitive inspections for certain affected airplanes. This AD does 
not allow continued repetitive inspections.
    The FAA has determined that long-term continued operational safety 
is better assured by design changes that remove the source of the 
problem rather than by repetitive inspections or other special 
procedures.

Costs of Compliance

    We estimate that this AD affects 134 airplanes in the U.S. 
registry.
    We estimate the following costs to do the inspection:

--------------------------------------------------------------------------------------------------------------------------------------------------------
            Labor cost                         Parts cost                    Total cost per airplane                 Total cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
24 work-hours x $80 per hour =      Not applicable.................  $1,920.................................  $1,920 x 134 = $257,280.
 $1,920.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do the modifications:

--------------------------------------------------------------------------------------------------------------------------------------------------------
            Labor cost                         Parts cost                    Total cost per airplane                 Total cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
40 work-hours x $80 per hour =      $200...........................  $3,200 + $200 = $3,400.................  $3,400 x 134 = $455,600.
 $3,200.
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[[Page 3051]]

    For airplanes still covered under warranty, the manufacturer will 
provide warranty credit for up to 35 work-hours for the inspection and 
modification work, as stated on page 8 of EXTRA Service Bulletin No. 
300-2-95, Issue: F, Dated: July 10, 2006.

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 AD.

Regulatory Findings

    We have 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 that this 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 AD (and 
other information as included in the Regulatory Evaluation) 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 ``Docket 
No. FAA-2006-26134; Directorate Identifier 2006-CE-56-AD'' in your 
request.

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 Federal Aviation Administration amends part 39 of the Federal 
Aviation Regulations (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 removing Airworthiness Directive (AD) 
2002-21-11, Amendment 39-12917 (67 FR 65479, October 25, 2002) and 
adding the following new AD:

2007-02-11 EXTRA Flugzeugproduktions-und Vertriebs-GmbH: Amendment 
39-14898; Docket No. FAA-2006-26134; Directorate Identifier 2006-CE-
56-AD.

Effective Date

    (a) This AD becomes effective on February 28, 2007.

Affected ADs

    (b) This AD supersedes AD 2002-21-11, Amendment 39-12917.

Applicability

    (c) This AD applies to the following airplanes that are 
certificated in any category:

------------------------------------------------------------------------
                 Models                            Serial Nos.
------------------------------------------------------------------------
EA-300.................................  01 through 62.
EA-300L................................  01 through 71, 73 through 77,
                                          79 through 83, 85 through 89,
                                          91, and 92.
EA-300S................................  01 through 29.
EA-300/200.............................  01 through 31 and 1032 through
                                          1039.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD is the result from mandatory continuing 
airworthiness information (MCAI) issued by the airworthiness 
authority for Germany. The actions specified in this AD are intended 
to detect, correct, and prevent cracks in the upper longeron at the 
horizontal stabilizer attachment, which could result in structural 
failure of the aft fuselage. This failure could lead to loss of 
control.

Compliance

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

------------------------------------------------------------------------
            Actions                   Compliance           Procedures
------------------------------------------------------------------------
(1) Inspect, using a            (i) For Models EA-300S  Follow Part I of
 fluorescent dye penetrant       airplanes: Upon         EXTRA Service
 method, the upper longeron at   accumulating 250        Bulletin No.
 the horizontal stabilizer       hours time-in-service   300-2-95,
 attachment for cracks, as       (TIS) after December    Issue: F,
 applicable. You may take        17, 2002 (the           Dated: July 10,
 ``unless already done''         effective date of AD    2006.
 credit for the inspections if   2002-21-11) or within
 you previously used Extra       the next 50 hours TIS
 Service Bulletin No. 300-2-95   after February 28,
 (pages 2-6 at Issue: C, dated   2007 (the effective
 July 15, 1998; and pages 1      date of this AD),
 and 7 through 11 at Issue: D,   whichever occurs
 dated January 30, 2001).        first. (ii) For
                                 Models EA-300, EA-
                                 300L, and EA-300/200
                                 airplanes: Within the
                                 next 50 hours TIS
                                 after February 28,
                                 2007 (the effective
                                 date of this AD).
                                 (iii) For all
                                 affected airplanes:
                                 If the modifications
                                 specified in Part II
                                 and Part III of EXTRA
                                 Service Bulletin No.
                                 300-2-95, Issue: F,
                                 Dated: July 10, 2006,
                                 have already been
                                 incorporated, no
                                 further action is
                                 required.

[[Page 3052]]

 
(2) If cracks are found during  For all affected        Follow Part II
 the inspection required in      airplanes: Before       of EXTRA
 paragraph (e)(1) of this AD     further flight after    Service
 in areas A, B, and C (as        the inspection          Bulletin No.
 shown in Figure 1 of EXTRA      required in paragraph   300-2-95,
 Service Bulletin No. 300-2-     (e)(1) of this AD in    Issue: F,
 95, Issue: F, Dated: July 10,   which cracks are        Dated: July 10,
 2006), weld the crack and       found, unless already   2006.
 modify the upper longeron at    done.
 the horizontal stabilizer
 attachment by installing the
 applicable modification kit
 (or FAA-approved equivalent
 parts).
(3) If no cracks are found      For all affected        Follow Part II
 during the inspection           airplanes: Within the   of EXTRA
 required in paragraph (e)(1)    next 100 hours TIS      Service
 of this AD, modify the upper    after February 28,      Bulletin No.
 longeron at the horizontal      2007 (the effective     300-2-95,
 stabilizer attachment by        date of this AD),       Issue: F,
 installing the applicable       unless already done.    Dated: July 10,
 modification kit (or FAA-                               2006.
 approved equivalent parts).
(4) For Models EA-300S and EA-  (i) For Model EA-300S:  Follow Part III
 300L airplanes only:            Within the next 200     of EXTRA
 Reinforce the fuselage frame    hours TIS after         Service
 underneath the horizontal       December 17, 2002       Bulletin No.
 stabilizer main spar            (the effective date     300-2-95,
 attachment bracket by           of AD 2002-21-11) or    Issue: F,
 installing the applicable       within the next 100     Dated: July 10,
 modification kit (or FAA-       hours TIS after         2006.
 approved equivalent parts).     February 28, 2007
                                 (the effective date
                                 of this AD),
                                 whichever occurs
                                 first, unless already
                                 done. (ii) For Model
                                 EA-300L: Within the
                                 next 100 hours TIS
                                 after February 28,
                                 2007 (the effective
                                 date of this AD),
                                 unless already done.
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Standards Office, Small Airplane Directorate, 
FAA, ATTN: Karl Schletzbaum, Aerospace Engineer, 901 Locust, Room 
301, Kansas City, Missouri 64106; telephone: (816) 329-4146; fax: 
(816) 329-4090, has the authority to approve AMOCs for this AD, if 
requested using the procedures found in 14 CFR 39.19.
    (g) AMOCs approved for AD 2002-21-11 are approved for this AD.

Related Information

    (h) The European Aviation Safety Agency (EASA) AD No. 2006-0281, 
dated September 14, 2006, also addresses the subject of this AD.

Material Incorporated by Reference

    (i) You must use EXTRA Service Bulletin No. 300-2-95, Issue: F, 
Dated: July 10, 2006 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, Schwarze Heide 21, D-46569 
Huenxe, Germany; fax: (+49)-2858-9137-42.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; or 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 January 12, 2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E7-775 Filed 1-23-07; 8:45 am]
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