AD 97-22-03 ACTIVE

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.

Final rule; request for comments.

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, 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.

NOTE 3: The subject of this AD is addressed in German airworthiness directive 97-203, dated July 3, 1997.

(e) This amendment becomes effective on November 24, 1997.

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.

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 USC 106(g), 40113, 44701.

39.13 [Amended]
2. Section 39.13 is amended by adding a new airworthiness directive (AD) to read as follows:

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 Hnxe, 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.

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.