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2010-04-11 EXTRA FLUGZEUGPRODUKTIONS-UND VERTRIEBS-GMBH: Amendment 39-16204; Docket No. FAA-2009-1025; Directorate Identifier 2009-CE-055-AD. 
EFFECTIVE DATE

(a) This airworthiness directive (AD) becomes effective March 30, 2010.

AFFECTED ADS

(b) None.

APPLICABILITY

(c) This AD  applies to the  following model and  serial number airplanes,
    certificated in any category:

(1) Model EA-300/200  airplanes, serial numbers  (S/N) 01 through  31, and
    1032 through 1043; and

(2) Model EA-300/L airplanes, S/N 01 through 170, 172, 173, 1171, and 1174
    through 1299.

SUBJECT

(d) Air Transport Association of America (ATA) Code 53: Fuselage.

REASON

(e) The mandatory continuing airworthiness information (MCAI) states:

    The manufacturer has advised that the combination of a redesigned tail
    spring support with a stiffer  tail spring and rough field  operations
    has led  to cracks  in the  tail spring  support mounting base. Cracks
    have also been reported on  aeroplanes already compliant with Part  II
    of Extra Service Bulletin No. SB-300-2-97 issue A, as mandated by  the
    LBA AD D-1998-001, dated 15 January 1998.

    For the reasons  stated above, this  new AD mandates  instructions for
    recurring inspections and modification in the area of the tail  spring
    support in order to prevent separation of the tail landing gear  which
    could result in serious damage to the airplane during landing.

ACTIONS AND COMPLIANCE

(f) Unless already done, do the following actions:

(1) Before further flight after March 30, 2010 (the effective date of this
    AD) and repetitively  thereafter at intervals  not to exceed  50 hours
    time-in-service,  inspect  the  tail  spring  support  for  cracks  in
    accordance with PART I of Extra Flugzeugproduktions-und Vertriebs-GmbH
    EXTRA Service Bulletin No. SB-300-2-97, Issue: C, dated  September 24,
    2009.

(2) If  any crack  is found  as a  result of  the inspections  required by
    paragraph (f)(1) of  this AD, before  further flight, modify  the tail
    spring  support  structure   as  instructed  in   PART  II  of   Extra
    Flugzeugproduktions-und  Vertriebs-GmbH  EXTRA  Service  Bulletin  No.
    SB-300-2-97, Issue: C, dated  September 24, 2009. Modification  of the
    tail spring  support structure  terminates the  repetitive inspections
    required in paragraph (f)(1) of this AD.

(3) You  may  at  any  time modify  the tail  spring support  structure as
    instructed in PART II of  Extra Flugzeugproduktions-und Vertriebs-GmbH
    EXTRA Service Bulletin No. SB-300-2-97, Issue: C,  dated September 24,
    2009,  to terminate the repetitive  inspections  required in paragraph
    (f)(1) of this AD.

FAA AD DIFFERENCES

NOTE: This AD differs from the MCAI and/or service information as follows:
No differences.

OTHER FAA AD PROVISIONS

(g) The following provisions also apply to this AD:

(1) Alternative Methods  of Compliance  (AMOCs):  The  Manager,  Standards
    Office,  FAA, has  the authority  to approve  AMOCs  for  this AD,  if
    requested using the procedures found in 14 CFR 39.19. Send information
    to  ATTN:  Greg  Davison,  Aerospace  Engineer,  FAA,  Small  Airplane
    Directorate,  901  Locust,  Room  301,  Kansas  City,  Missouri 64106;
    telephone:  (816)  329-4130;  fax: (816)  329-4090.  Before  using any
    approved AMOC on any airplane  to which the AMOC applies,  notify your
    appropriate  principal  inspector  (PI) in  the  FAA  Flight Standards
    District Office (FSDO), or lacking a PI, your local FSDO.

(2) Airworthy Product: For any requirement in this AD to obtain corrective
    actions from a manufacturer or other source, use these actions if they
    are FAA-approved.  Corrective actions  are considered  FAA-approved if
    they are approved by the State of Design Authority (or their delegated
    agent). You are required to assure the product is airworthy before  it
    is returned to service.

(3) Reporting Requirements:  For any  reporting requirement  in  this  AD,
    under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et
    seq.), the  Office of  Management and  Budget (OMB)  has approved  the
    information  collection  requirements  and  has  assigned  OMB Control
    Number 2120-0056.

RELATED INFORMATION

(h) Refer to MCAI European Aviation Safety Agency AD No.: 2009-0160,  July
    21, 2009 (corrected on  July 28, 2009); and  Extra Flugzeugproduktions
    -und Vertriebs-GmbH EXTRA Service Bulletin No. SB-300-2-97, Issue:  C,
    dated September 24, 2009, for related information.

MATERIAL INCORPORATED BY REFERENCE

(i) You  must  use   Extra  Flugzeugproduktions-und  Vertriebs-GmbH  EXTRA
    Service Bulletin No. SB-300-2-97, Issue: C,  dated September 24, 2009,
    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, Engineering  Department/Office
    of  Airworthiness/Quality Assurance,  Schwarze Heide 21,  46569 Hünxe,
    Germany;      Fax:       +49      (0)       2858-9137-30;      E-Mail:
    extraaircraft@extraaircraft.com.

(3) You may  review copies  of  the  service information  incorporated  by
    reference  for this  AD at  the FAA,  Central Region,  Office  of  the
    Regional  Counsel,  901  Locust,  Kansas  City,  Missouri  64106.  For
    information  on  the  availability of  this  material  at the  Central
    Region, call (816) 329-3768.

(4) You may also review copies of the service information incorporated  by
    reference  for  this   AD  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 February 10, 2010. Steven W. Thompson,
Acting  Manager,  Small   Airplane  Directorate,  Aircraft   Certification
Service.

FOR FURTHER  INFORMATION CONTACT:  Greg Davison,  Aerospace Engineer, FAA,
Small Airplane Directorate,  901 Locust, Room  301, Kansas City,  Missouri
64106; telephone: (816) 329-4130; fax: (816) 329-4090.
PREAMBLE 

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

ACTION: Final rule.

SUMMARY: We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

The manufacturer has advised that the combination of a redesigned tail spring support with a stiffer tail spring and rough field operations has led to cracks in the tail spring support mounting base. Cracks have also been reported on aeroplanes already compliant with Part II of Extra Service Bulletin No. SB-300-2-97 issue A, as mandated by the LBA AD D-1998-001, dated 15 January 1998.

We are issuing this AD to require actions to correct the unsafe condition on these products.

DATES: This AD becomes effective March 30, 2010.
On March 30, 2010, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD.

ADDRESSES: You may examine the AD docket on the Internet at http:// www.regulations.gov or in person at Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Greg Davison, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4130; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the Federal Register on November 3, 2009 (74 FR 56748). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states:

The manufacturer has advised that the combination of a redesigned tail spring support with a stiffer tail spring and rough field operations has led to cracks in the tail spring support mounting base. Cracks have also been reported on aeroplanes already compliant with Part II of Extra Service Bulletin No. SB-300-2-97 issue A, as mandated by the LBA AD D-1998-001, dated 15 January 1998.
For the reasons stated above, this new AD mandates instructions for recurring inspections and modification in the area of the tail spring support in order to prevent separation of the tail landing gear which could result in serious damage to the airplane during landing.

Comments

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

Conclusion

We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information.
We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a Note within the AD.

Costs of Compliance

We estimate that this AD will affect 184 products of U.S. registry. We also estimate that it will take about 2 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour.
Based on these figures, we estimate the cost of this AD to the U.S. operators to be $31,280 or $170 per product.
In addition, we estimate that any necessary follow-on actions would take about 20 work-hours and require parts costing $460, for a cost of $2,160 per product. We have no way of determining the number of products that may need these actions.

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 rulemaking action.

Regulatory Findings

We 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 this AD:
(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) 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 regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD Docket.

Examining the AD Docket

You may examine the AD docket on the Internet at http:// www.regulations.gov; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone (800) 647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

Adoption of the Amendment

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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 adding the following new AD: