[Federal Register Volume 62, Number 214 (Wednesday, November 5, 1997)]
[Proposed Rules]
[Pages 59827-59829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29239]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-93-AD]
RIN 2120-AA64


Airworthiness Directives; EXTRA Flugzeugbau GmbH Model 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) Model 
EA-300/S airplanes. The proposed AD would require modifying the canopy 
latches or replacing the canopy latches with parts of improved design. 
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 
failure of the canopy while the airplane is in flight due to cracked 
canopy latches, which could result in loss of the canopy and possible 
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-93-

[[Page 59828]]

 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-93-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-93-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 Model EA-300/S airplanes. The LBA reports cracks 
in the canopy front latches on the above-referenced airplanes. This 
condition, if not corrected, could result in failure of the canopy and 
eventual loss of the canopy and possible loss of control of the 
airplane.

Relevant Service Information

    EXTRA has issued Service Bulletin No. 300-3-94, dated August 3, 
1994, which specifies procedures for inspecting, repairing, and 
replacing the canopy latches on the affected airplanes.
    The LBA classified this service bulletin as mandatory and issued 
German AD No. 94-258, dated August 25, 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 
Sec. 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 referenced service 
information; 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 Model 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 modifying the canopy latches or 
replacing the canopy latches with parts of improved design, part number 
(P/N) PC-23303.8P1 for both front latches and the rear right; and P/N 
PC-23303.8P2 for the rear left. Accomplishment of the proposed actions 
would be in accordance with EXTRA Service Bulletin No. 300-3-94, dated 
August 3, 1994.

Cost Impact

    The FAA estimates that 25 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 modifications or 
replacements, 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 $7,000, or $280 per airplane.

Differences Between the German AD, the Service Bulletin, and This 
Proposed AD

    German AD 94-258, dated August 25, 1994, and EXTRA Service Bulletin 
No. 300-3-94, dated August 3, 1994, both give the owners/operators of 
certain Model EA-300/S airplanes the option of (1) repetitively 
inspecting the canopy latches until cracks are found, and then 
modifying or replacing (with parts of improved design) any cracked 
latches; or (2) immediately modifying the existing latches or replacing 
the latches with parts of improved design.
    The FAA's policy is to provide corrective action that will 
eliminate the need for repetitive inspections. The FAA has determined 
that long-term operational safety will be better assured by design 
changes that remove the source of the problem, rather than by 
repetitive inspections or other special procedures.
    Because the modification or replacement (with parts of improved 
design) of the canopy latches eliminates the need for repetitive 
inspections, the proposed AD differs from the service bulletin and the 
German AD in that it would mandate either modification or replacement 
of the canopy latches regardless of condition.

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

[[Page 59829]]

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-93-AD.

    Applicability: Models EA-300/S airplanes, serial numbers 01 
through 24, 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 100 hours time-in-service 
(TIS) after the effective date of this AD, unless already 
accomplished.
    To prevent failure of the canopy while the airplane is in flight 
due to cracked canopy latches, which could result in loss of the 
canopy and possible loss of control of the airplane, accomplish the 
following:
    (a) Modify all canopy latches or replace all canopy latches with 
parts of improved design, part number (P/N) PC-23303.8P1 for both 
front latches and the rear right; and P/N PC-23303.8P2 for the rear 
left. Accomplish the modifications or replacements in accordance 
with the Instructions section of EXTRA Service Bulletin No. 300-3-
94, dated August 3, 1994.
    (b) 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.
    (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, 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.

    (d) 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-
258, dated August 25, 1994.

    Issued in Kansas City, Missouri, on October 29, 1997.
Mary Ellen A. Schutt,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-29239 Filed 11-4-97; 8:45 am]
BILLING CODE 4910-13-U