AD 98-24874

[Federal Register Volume 63, Number 180 (Thursday, September 17, 1998)] [Proposed Rules] [Pages 49675-49677] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-24874]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-53-AD] RIN 2120-AA64

Airworthiness Directives; EXTRA Flugzeugbau GmbH Models EA-300, EA-300S, and EA-300L Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This document proposes to adopt a new airworthiness directive (AD) that would apply to certain EXTRA Flugzeugbau GmbH (EXTRA) Models EA-300, EA-300S, and EA-300L airplanes. The proposed AD would require repetitively inspecting the rudder pedal for proper alignment, the safety control stop for wear and proper clearance, the rudder cables for elongation, and the rudder pedal footrest for cracks. The proposed AD would also require correcting or replacing any discrepant part, as applicable. 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 failure of the rudder pedal footrest caused by overloading the rudder pedal safety control stop, which could result in loss of directional control of the airplane.

DATES: Comments must be received on or before October 16, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 98-CE-53-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, D-46569 Hunxe, Federal Republic of Germany; telephone: (01 49 28 58) 91 37-13; facsimile: (01 49 28 58) 91 37-30. 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. 98-CE-53-AD.'' The postcard will be date stamped and returned to the commenter.

[[Page 49676]]

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. 98-CE-53-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.

Discussion

The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority for Germany, notified the FAA that an unsafe condition may exist on certain EXTRA Models EA-300, EA-300S, and EA-300L airplanes. The LBA advises that the rudder pedal footrest on one of the affected airplanes failed during flight. Investigation shows that the rudder cable had stretched or elongated or that the rudder pedal system was misaligned. This allowed the rudder pedal to contact the rudder pedal second (safety) control stop (safety control stop). Continued contact with the rudder pedal safety control stop can eventually cause cracks in the rudder pedal footrest with consequent failure of the footrest. The purpose of the safety control stop is to protect the lower brake system in case of a rudder cable failure. The rudder pedal safety control stop should not be reached under normal operating conditions. These conditions, if not corrected, could result in failure of the rudder pedal footrest and loss of rudder control with consequent loss of directional control of the airplane.

Relevant Service Information

EXTRA has issued Service Bulletin No. 300-3-95, Issue: B, dated May 12, 1998, which specifies procedures for the following:

--inspecting the rudder pedal alignment, and if not aligned properly, either re-rigging the rudder cables or replacing the rudder cables if alignment cannot be obtained (if the cables are elongated); --inspecting the safety control stop for wear (rubbing, scrapes, etc.); and if the safety control stop is worn, replacing the safety control stop, and either re-rigging the rudder cables or replacing the rudder cable (if the cable is elongated); --inspecting the safety control stop for proper clearance; and if the clearance does not meet the minimum specified clearance, re-rigging the rudder cable, replacing the rudder cable (if the cable is elongated), or replacing the safety control stop; --inspecting the rudder pedal footrest flange in the area of the safety wire hole for cracks, and if cracks are found, replacing the footrest.

The LBA classified this service bulletin as mandatory and issued German AD No. 95-443 EXTRA, dated November 29, 1995, 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, 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, EA-300S, and EA-300L airplanes of the same type design registered in the United States, the FAA is proposing AD action. The proposed AD would require repetitively inspecting the rudder pedal for proper alignment, the safety control stop for wear and proper clearance, the rudder cable for proper alignment, and the rudder pedal footrest for cracks. The proposed AD also would require correcting or replacing any discrepant part, as applicable. Accomplishment of the proposed actions would be required in accordance with EXTRA Service Bulletin No. 300-3-95, Issue: B, dated May 12, 1998.

Cost Impact

The FAA estimates that 15 airplanes in the U.S. registry would be affected by the proposed AD, that it would take approximately 4 workhours per airplane to accomplish the proposed inspections, and that the average labor rate is approximately $60 an hour. Based on these figures, the total cost impact of the proposed AD on U.S. operators is estimated to be $3,600, or $240 per airplane. These figures do not take into account any corrective action that would be necessary after accomplishing the proposed inspections.

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. 98-CE-53-AD.

Applicability: The following models and serial numbers, certificated in any category:

------------------------------------------------------------------------ Model Serial No. ------------------------------------------------------------------------ EA-300............................. All serial numbers, if factory equipped or retrofitted with the electric actuated rudder pedal adjustment that was produced prior to November 1995. EA-300S............................ 001 through 028.

[[Page 49677]]

EA-300L............................ 001 through 015. ------------------------------------------------------------------------

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 (f) 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 follows: 1. Inspections specified in this AD are required within the next 50 hours time-in-service (TIS) after the effective date of this AD, unless already accomplished, and thereafter at intervals not to exceed 50 hours TIS. 2. Replacements or other follow-on corrective actions specified in this AD are required prior to further flight after the inspection when the discrepancy was found. To prevent failure of the rudder pedal footrest caused by overloading the rudder pedal safety control stop, which could result in loss of directional control of the airplane, accomplish the following: (a) Inspect the rudder pedal alignment in accordance with Figure 1 and Figure 2 and the Instructions Part I.1 section of EXTRA Service Bulletin No. 300-3-95, Issue: B, dated May 12, 1998. If not aligned, prior to further flight, accomplish one of the following, as applicable, in accordance with the service bulletin: (1) Re-rig the rudder cables to attain proper alignment; or (2) Replace the rudder cables if alignment cannot be attained. (b) For all airplanes equipped at manufacture with a safety control stop (See Note 2 of this AD), inspect the safety control stop for wear (rubbing, scrapes, etc.) in accordance with the Instructions Part I.2 section of EXTRA Service Bulletin No. 300-3-95, Issue: B, dated May 12, 1998. If the safety control stop is worn, prior to further flight, replace the safety control stop and accomplish one of the following, as applicable, in accordance with the service bulletin: (1) Re-rig the rudder cable if elongation of the cable is not evident; or (2) Replace the rudder cable if elongation of the cable is evident.

Note 2: The Model EA-300/S airplanes, serial numbers 001 through 011, were not factory equipped with a safety control stop.

(c) Inspect the footrest flange in the area of the safety wire hole for cracks in accordance with the Instructions Part I.3 section of EXTRA Service Bulletin No. 300-3-95, Issue: B, dated May 12, 1998. If cracks are found, prior to further flight, replace the rudder pedal in accordance with instructions obtained from the Small Airplane Directorate at the address specified in paragraph (g) of this AD. (d) For all airplanes equipped at manufacture with a safety control stop (See Note 2 of this AD), inspect the safety control stop clearance in accordance with the Instructions Part I.4 and Instructions Part II section of EXTRA Service Bulletin No. 300-3-95, Issue: B, dated May 12, 1998. If the clearance does not meet the minimum specified clearance, prior to further flight, accomplish one of the following, as applicable, in accordance with the service bulletin: (1) Adjust the foot rest to meet the required clearance if elongation of the cable is not evident; or (2) Replace the rudder cable if elongation of the cable is evident. (e) 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. (f) An alternative method of compliance or adjustment of the compliance times 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 3: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Small Airplane Directorate.

(g) Questions or technical information related to EXTRA Service Bulletin No. 300-3-95, Issue: B, dated May 12, 1998, should be directed to EXTRA Flugzeugbau GmbH, Flugplatz Dinslaken, D-46569 Hunxe, Federal Republic of Germany; telephone: (0 28 58) 91 37-00; facsimile: (0 28 58) 91 37-30. This service information may be examined at the FAA, Central Region, Office of the Regional Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.

Note 4: The subject of this AD is addressed in German AD No. 95- 443 EXTRA, dated November 29, 1995.

Issued in Kansas City, Missouri, on September 9, 1998. Michael Gallagher, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 98-24874 Filed 9-16-98; 8:45 am] BILLING CODE 4910-13-U