AD Amdt-39-10174

[Federal Register Volume 62, Number 205 (Thursday, October 23, 1997)]
[Rules and Regulations]
[Pages 55154-55156]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 97-27933]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-80-AD; Amendment 39-10174; AD 97-22-03]
RIN 2120-AA64


Airworthiness Directives; Extra Flugzeugbau, GmbH. Model EA-300/
200 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to Extra Flugzeugbau, GmbH. (Extra) Model EA-300/200 
airplanes. This action requires installing a seat belt safety cover. A 
recent report of an Extra Model EA-300/200 airplane seat belt falling 
into the rear rudder pedal controls, interfering with the rudder 
pedals, and causing loss of directional control prompted this action. 
The action specified by this AD is intended to prevent a loss of 
directional control caused by seat belt interference with the rear 
rudder pedal controls, which could cause loss of control of the 
airplane.

DATES: Effective November 24, 1997.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of November 24, 1997.
    Comments for inclusion in the Rules Docket must be received on or 
before December 29, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket 97-CE-80-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106.
    Service information that applies to this AD may be obtained from 
Extra Flugzeugbau, GmbH, Schwarze Heide 21, 46569 Hunxe, Germany; 
telephone 49-2858-9137-0; facsimile 49-2858-9137-30. This information 
may also be examined at the Federal Aviation Administration (FAA), 
Central Region, Office of the Regional Counsel, Attention: Rules Docket 
97-CE-80-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 
64106; or at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Project Officer, 
Small Airplane Directorate, Aircraft Certification Service, 1201 
Walnut, suite 900, Kansas City, Missouri 64106; telephone (816) 426-
3962; facsimile (816) 426-2169.

SUPPLEMENTARY INFORMATION:

Discussion

    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for Germany, recently notified the FAA that an unsafe condition could 
exist on Extra Model EA-300/200 airplanes. The LBA advises that the 
pilot's seat belt may fall into the rear rudder pedal controls, 
hampering rudder control and possibly causing loss of directional 
control. This occurred on one of the affected airplanes in Germany.

[[Page 55155]]

Relevant Service Information

    Extra has issued Service Bulletin (SB) No. 300-1-97, Issue B, dated 
June 11, 1997, which specifies procedures for installing a seat belt 
safety cover. The LBA classified this service bulletin as mandatory and 
issued AD No. 97-203, dated July 3, 1997, in order to assure the 
continued airworthiness of these airplanes in Germany.

The FAA's Determination

    After examining the circumstances and reviewing all available 
information related to the incidents described above including that 
received from the LBA, the FAA has determined that AD action should be 
taken in order to prevent loss of directional control caused by seat 
belt interference with the rear rudder pedal controls, which could 
cause possible loss of control of the airplane.
    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.

Explanation of the Provisions of This AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other Extra Model EA-300/200 airplanes of the same 
type design that are registered for operation in the United States, 
this AD requires installing a seat belt safety cover (Extra part number 
(P/N) 77205.1 and P/N 77205.2 or FAA-approved equivalent part). This 
action is to be done in accordance with the instructions in Extra SB 
No. 300-1-97, Issue B, dated June 11, 1997.

Determination of the Effective Date of the AD

    Since a situation exists (loss of directional control) that 
requires the immediate adoption of this regulation, it is found that 
notice and opportunity for public prior comment hereon are 
impracticable, and that good cause exists for making this amendment 
effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting immediate flight safety and, thus, was not 
preceded by notice and opportunity to comment, comments are invited on 
this rule. Interested persons are invited to comment on this 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 will be considered, 
and this rule may be amended in light of the comments received. Factual 
information that supports the commenter's ideas and suggestions is 
extremely helpful in evaluating the effectiveness of the AD action and 
determining whether additional rulemaking action would be needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the 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 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 97-CE-80-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein will 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 final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and is not a significant regulatory action under 
Executive Order 12866. It has been determined further that this action 
involves an emergency regulation under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979). If it is determined that 
this emergency regulation otherwise would be significant under DOT 
Regulatory Policies and Procedures, a final regulatory evaluation will 
be prepared and placed in the Rules Docket (otherwise, an evaluation is 
not required). A copy of it, if filed, may be obtained from the Rules 
Docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, pursuant to 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

    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:

97-22-03  Extra Flugzeugbau GMBH: Amendment 39-10174; Docket No. 97-
CE-80-AD.

    Applicability: Model EA-300/200 airplanes (serial numbers 01 
through 15), 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 5 hours time-in-service 
(TIS) after the effective date of this AD, unless already 
accomplished.
    To prevent loss of directional control caused by seat belt 
interference with the rear rudder pedal controls, accomplish the 
following:
    (a) Install a seat belt safety cover (Extra part number 77205.1 
and 77205.2 or FAA-approved equivalent part ) in accordance with the 
INSTRUCTIONS in Extra Flugzeugbau GmbH. Service Bulletin (SB) No. 
300-1-97, Issue B, dated June 11, 1997.
    (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 provided the 
airplane is flown single seated with the front seat belts properly 
stowed.
    (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, Aircraft 
Certification Service,

[[Page 55156]]

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) The installation required by this AD shall be done in 
accordance with Extra Flugzeugbau, GmbH. EA-300 Service Bulletin No. 
300-1-97, Issue B, dated June 11, 1997. This incorporation by 
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from Flugzeugbau, GmbH., Schwarze Heide 21, 46569 Hunxe, 
Germany. Copies may be inspected at the FAA, Central Region, Office 
of the Regional Counsel, Room 1558, 601 E. 12th Street, Kansas City, 
Missouri, or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.
    (e) This amendment (39-10174) becomes effective on November 24, 
1997.

    Issued in Kansas City, Missouri, on October 16, 1997.
Mary Ellen A. Schutt,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-27933 Filed 10-22-97; 8:45 am]
BILLING CODE 4910-13-P