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2944 Federal Register / Vol. 70, No.

12 / Wednesday, January 19, 2005 / Rules and Regulations

www.archives.gov/federal_register/ • Hand Delivery: Room PL–401 on In preparing of this rule, we contacted


code_of_federal_regulations/ the plaza level of the Nassif Building, type clubs and aircraft operators to get
ibr_locations.html. 400 Seventh Street, SW., Washington, technical information and information
Issued in Kansas City, Missouri, on January DC, between 9 a.m. and 5 p.m., Monday on operational and economic impacts.
7, 2005. through Friday, except Federal holidays. We did not receive any information
James E. Jackson, To get the service information through these contacts. If received, we
Acting Manager, Small Airplane Directorate, identified in this AD, contact The would have included a discussion of
Aircraft Certification Service. Lancair Company, 22550 Nelson Road, any information that may have
[FR Doc. 05–716 Filed 1–18–05; 8:45 am] Bend Oregon 97701; telephone: (541) influenced this action in the rulemaking
BILLING CODE 4910–13–P
330–4191; e-mail: docket.
product_support@lancair.com. How does the revision to 14 CFR part
To view the comments to this AD, go 39 affect this AD? On July 10, 2002, we
DEPARTMENT OF TRANSPORTATION to http://dms.dot.gov. The docket published a new version of 14 CFR part
number is FAA–2005–20048. 39 (67 FR 47997, July 22, 2002), which
Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: Mr. governs FAA’s AD system. This
Jeffrey Morfitt, Program Manager, FAA, regulation now includes material that
14 CFR Part 39 Seattle Aircraft Certification Office relates to altered products, special flight
[Docket No. FAA–2005–20048; Directorate
(ACO), 1601 Lind Avenue, SW., Renton, permits, and alternative methods of
Identifier 2005–CE–01–AD; Amendment 39– Washington 98055–4065; telephone: compliance. This material previously
13945; AD 2005–02–01] (425) 917–6405; facsimile: (425) 917– was included in each individual AD.
6590. Since this material is included in 14
RIN 2120–AA64
SUPPLEMENTARY INFORMATION: What CFR part 39, we will not include it in
Airworthiness Directives; The Lancair events have caused this AD? During future AD actions.
Company Models LC40–550FG and flight testing for the approval of an
optional air conditioning system, Comments Invited
LC42–550FG Airplanes
Lancair could not duplicate the takeoff Will I have the opportunity to
AGENCY: Federal Aviation performance criteria included in the comment before you issue the rule? This
Administration (FAA), DOT. FAA-approved Airplane Flight Manual AD is a final rule that involves
ACTION: Final rule; request for (AFM) for the Models LC40–550FG and requirements affecting flight safety and
comments. LC42–550FG airplanes. Lancair found was not preceded by notice and an
that the currently published information opportunity for public comment;
SUMMARY: The FAA is adopting a new predicts takeoff distances that are as however, we invite you to submit any
airworthiness directive (AD) for certain much as 65 percent below that actually written relevant data, views, or
The Lancair Company (Lancair) Models required. arguments regarding this AD. Send your
LC40–550FG and LC42–550FG What is the potential impact if FAA comments to an address listed under
airplanes. This AD requires you to took no action? Using this incorrect data ADDRESSES. Include ‘‘Docket No. FAA–
incorporate additional takeoff chart in certain situations could result in 2005–20048; Directorate Identifier
distance values information into the potential impact with terrain or 2005–CE–01-AD’’ in the subject line of
Performance Section of the FAA- obstruction during takeoff. your comments. If you want us to
approved Airplane Flight Manual Is there service information that acknowledge receipt of your mailed
(AFM). This AD results from flight applies to this subject? Lancair has comments, send us a self-addressed,
testing that revealed that the takeoff issued Mandatory Service Bulletin No. stamped postcard with the docket
distance values for the affected SB–05–001, dated January 4, 2005. number written on it; we will date-
airplanes could not be duplicated. We What are the provisions of this service
stamp your postcard and mail it back to
are issuing this AD to prevent potential information? The service bulletin
you. We specifically invite comments
impact with terrain or obstruction includes corrected takeoff chart distance
on the overall regulatory, economic,
during takeoff due to incorrect takeoff values for the Lancair Models LC40–
environmental, and energy aspects of
distance values. 550FG and LC42–550FG airplanes.
the rule that might suggest a need to
DATES: This AD becomes effective on FAA’s Determination and Requirements modify it. If a person contacts us
January 21, 2005. We must receive any of the AD through a nonwritten communication,
comments on this AD by March 18, and that contact relates to a substantive
What has FAA decided? We have
2005. part of this AD, we will summarize the
evaluated all pertinent information and
ADDRESSES: Use one of the following to identified an unsafe condition that is contact and place the summary in the
submit comments on this AD: likely to exist or develop on other docket. We will consider all comments
• DOT Docket Web site: Go to products of this same type design. received by the closing date and may
http://dms.dot.gov and follow the Since the unsafe condition described amend the AD in light of those
instructions for sending your comments previously is likely to exist or develop comments.
electronically. on other Lancair Models LC40–550FG Authority for This Rulemaking
• Government-wide rulemaking web and LC42–550FG airplanes of the same
site: Go to http://www.regulations.gov type design, we are issuing this AD to What authority does FAA have for
and follow the instructions for sending prevent potential impact with terrain or issuing this rulemaking action? Title 49
your comments electronically. obstruction during takeoff due to of the United States Code specifies the
• Mail: Docket Management Facility; incorrect takeoff distance values. FAA’s authority to issue rules on
U.S. Department of Transportation, 400 What does this AD require? This AD aviation safety. Subtitle I, Section 106
Seventh Street, SW., Nassif Building, requires you to you to incorporate describes the authority of the FAA
Room PL–401, Washington, DC 20590– additional takeoff chart distance values Administrator. Subtitle VII, Aviation
001. information into the Performance Programs, describes in more detail the
• Fax: 1–202–493–2251. Section of the FAA-approved AFM. scope of the agency’s authority.

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Federal Register / Vol. 70, No. 12 / Wednesday, January 19, 2005 / Rules and Regulations 2945

We are issuing this rulemaking under 3. Will not have a significant 2005–02–01 The Lancair Company:
the authority described in Subtitle VII, economic impact, positive or negative, Amendment 39–13945; Docket No.
Part A, Subpart III, Section 44701, on a substantial number of small entities FAA–2005–20048; Directorate Identifier
‘‘General requirements.’’ Under that under the criteria of the Regulatory 2005–CE–01–AD.
section, Congress charges the FAA with Flexibility Act. When Does This AD Become Effective?
promoting safe flight of civil aircraft in We prepared a summary of the costs
air commerce by prescribing regulations to comply with this AD and placed it in (a) This AD becomes effective on January
the AD Docket. You may get a copy of 21, 2005.
for practices, methods, and procedures
the Administrator finds necessary for this summary by sending a request to us Are Any Other ADs Affected by This Action?
safety in air commerce. This regulation at the address listed under ADDRESSES.
(b) None.
is within the scope of that authority Include ‘‘AD Docket FAA–2005–20048;
because it addresses an unsafe condition Directorate Identifier 2005–CE–01–AD’’ What Airplanes Are Affected by This AD?
that is likely to exist or develop on in your request. (c) This AD affects the following airplane
products identified in this AD. List of Subjects in 14 CFR Part 39 models and serial numbers that are
certificated in any category:
Regulatory Findings Air transportation, Aircraft, Aviation
safety, Safety. Model Serial Nos.
Will this AD impact various entities?
We have determined that this AD will Adoption of the Amendment
not have federalism implications under LC40–550FG ............ 40004 through 40079.
■ Accordingly, under the authority LC42–550FG ............ 42002 through 42062.
Executive Order 13132. This AD will delegated to me by the Administrator,
not have a substantial direct effect on the Federal Aviation Administration
the States, on the relationship between What Is the Unsafe Condition Presented in
amends part 39 of the Federal Aviation This AD?
the national government and the States, Regulations (14 CFR part 39) as follows:
or on the distribution of power and (d) This AD results from flight testing that
responsibilities among the various PART 39—AIRWORTHINESS revealed that the takeoff distance values for
levels of government. DIRECTIVES the affected airplanes could not be
duplicated. We are issuing this AD to prevent
Will this AD involve a significant rule ■ 1. The authority citation for part 39 potential impact with terrain or obstruction
or regulatory action? For the reasons continues to read as follows: during takeoff due to incorrect takeoff
discussed above, I certify that this AD:
Authority: 49 U.S.C. 106(g), 40113, 44701. distance values.
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866; § 39.13 [Amended] What Must I Do To Address This Problem?

2. Is not a ‘‘significant rule’’ under the ■ 2. The FAA amends § 39.13 by adding (e) To address this problem, you must do
DOT Regulatory Policies and Procedures the following new airworthiness the following:
(44 FR 11034, February 26, 1979); and directive (AD):

Actions Compliance Procedures

(1) To address the unsafe condition, do the fol- Before further flight after January 21, 2005 The owner/operator holding at least a private
lowing: (the effective date of this AD). pilot certificate as authorized by section
(i) Using pen and ink, make the following 43.7 of the Federal Aviation Regulations
notation in the takeoff distance chart (14 CFR 43.7) may do the flight manual
(Figure 5–7) in Section 5 of the FAA-ap- changes requirement of this AD. Make an
proved Airplane Flight Manual (AFM): entry in the aircraft records showing compli-
‘‘Caution: See Service Bulletin SB–05– ance with this portion of the AD following
001 for takeoff performance correction.’’ section 43.9 of the Federal Aviation Regula-
(ii) Insert a copy of Lancair Mandatory tions (14 CFR 43.9).
Service Bulletin SB–05–001, dated Janu-
ary 4, 2005, into Section 5 of the FAA-
approved AFM.
(2) Lancair will include this information into the At any time as terminating action .................... The owner/operator holding at least a private
next revision of the FAA-approved AFM. In- pilot certificate as authorized by section
corporation of the revision that includes this 43.7 of the Federal Aviation Regulations
information into Section 5 of the FAA-ap- (14 CFR 43.7) may do the flight manual
proved AFM is considered terminating action changes requirement of this AD. Make an
for paragraphs (e)(1)(i) and (e)(1)(ii) of this entry in the aircraft records showing compli-
AD. ance with this portion of the AD following
section 43.9 of the Federal Aviation Regula-
tions (14 CFR 43.9).

May I Request an Alternative Method of approved alternative methods of compliance, Company 22550 Nelson Road, Bend, Oregon
Compliance? contact Mr. Jeffrey Morfitt, Program Manager, 97701; telephone: (541) 330–4191; e-mail:
(f) You may request a different method of FAA, Seattle Aircraft Certification Office product_support@lancair.com. To view the
compliance or a different compliance time (ACO), 1601 Lind Avenue, SW., Renton, AD docket, go to the Docket Management
for this AD by following the procedures in 14 Washington 98055–4065; telephone: (425) Facility; U.S. Department of Transportation,
CFR 39.19. Unless FAA authorizes otherwise, 917–6405; facsimile: (425) 917–6590. 400 Seventh Street, SW., Nassif Building,
send your request to your principal Room PL–401, Washington, DC, or on the
inspector. The principal inspector may add May I Get Copies of the Document
Referenced in This AD? Internet at http://dms.dot.gov. This is docket
comments and will send your request to the
number FAA–2005–20048.
Manager, Seattle Aircraft Certification Office, (g) You may obtain the service information
FAA. For information on any already referenced in this AD from The Lancair

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2946 Federal Register / Vol. 70, No. 12 / Wednesday, January 19, 2005 / Rules and Regulations

Issued in Kansas City, Missouri, on January ADDRESSES: To get the service bulletin includes additional procedures
10, 2005. information identified in this AD, for modifying the upper longeron
David R. Showers, contact Extra Flugzeugbau GmbH, cutout-bridge. If you modify the upper
Acting Manager, Small Airplane Directorate, Flugplatz Dinslaken, D–46569 Hünxe, longeron bridge-cutout following
Aircraft Certification Service. Germany. To review this service Procedure II in the new service bulletin,
[FR Doc. 05–831 Filed 1–18–05; 8:45 am] information, go to the National Archives the new bridges must be replaced every
BILLING CODE 4910–13–P and Records Administration (NARA). 1,000 hours time-in-service (TIS) (as
For information on the availability of specified in the new service
this material at NARA, go to: http:// information.)
DEPARTMENT OF TRANSPORTATION www.archives.gov/federal_register/ What is the potential impact if FAA
code_of_federal_regulations/ took no action? If not detected and
Federal Aviation Administration ibr_locations.html or call (202) 741– corrected, cracks in the upper longeron
6030. cutout-bridge could cause the upper
14 CFR Part 39 To view the AD docket, go to the longeron cutout-bridge to fail, which
Docket Management Facility; U.S. could result in structural damage to the
[Docket No. FAA–2004–19443; Directorate
Identifier 2004–CE–32–AD; Amendment 39– Department of Transportation, 400 fuselage. This failure could lead to loss
13942; AD 2005–01–17] Seventh Street, SW., Nassif Building, of control of the airplane.
Room PL–401, Washington, DC 20590– Has FAA taken any action to this
RIN 2120–AA64 001 or on the Internet at http:// point? We issued a proposal to amend
dms.dot.gov. The docket number is part 39 of the Federal Aviation
Airworthiness Directives; EXTRA Regulations (14 CFR part 39) to include
FAA–2004–19443.
Flugzeugbau GmbH Model EA–300 and an AD that would apply to certain
EA–300/S Airplanes FOR FURTHER INFORMATION CONTACT: Karl
Schletzbaum, Aerospace Engineer, EXTRA Model EA–300 and EA–300/S
AGENCY: Federal Aviation Small Airplane Directorate, 901 Locust, airplanes. This proposal was published
Administration (FAA), DOT. Room 301, Kansas City, MO 64106; in the Federal Register as a notice of
telephone: (816) 329–4146; facsimile: proposed rulemaking (NPRM) on
ACTION: Final rule.
(816) 329–4090. November 12, 2004 (69 FR 65388). The
SUMMARY: The FAA adopts a new NPRM proposed to supersede AD 98–
SUPPLEMENTARY INFORMATION:
airworthiness directive (AD) to 03–14 with a new AD that would retain
supersede AD 98–03–14, which applies Discussion the actions required in AD 98–03–14
to certain EXTRA Flugzeugbau GmbH What events have caused this AD? and incorporate new service
(EXTRA) Model EA–300 and EA–300/S The Luftfahart-Bundesamt (LBA), which information.
airplanes. AD 98–03–14 currently is the airworthiness authority for Comments
requires you to inspect the upper Germany, notified us that life cycle
longeron cutout-bridge for cracks, to Was the public invited to comment?
testing of the upper longeron cutout-
repair any cracks found, and to modify We provided the public the opportunity
bridge revealed potential cracks. This
this area. This AD retains the actions of to participate in developing this AD. We
condition caused us to issue AD 98–03–
AD 98–03–14 and incorporates new received no comments on the proposal
14, Amendment 39–10307 (63 FR 5881,
service information. For owner/ or on the determination of the cost to
February 5, 1998). AD 98–03–14
operators of the affected airplanes that the public.
currently requires you to do the
were able to do the modification following for certain EXTRA Model EA– Conclusion
required in AD 98–03–14, no further 300 and EA–300/S airplanes: What is FAA’s final determination on
action is required. This AD results from —Inspect the upper longeron cutout- this issue? We have carefully reviewed
mandatory continuing airworthiness bridge for cracks; the available data and determined that
information (MCAI) issued by the —Repair any cracks you find; and air safety and the public interest require
airworthiness authority for Germany. —Modify this area. adopting the AD as proposed except for
We are issuing this AD to detect and You were required to do these actions minor editorial corrections. We have
correct cracks in the upper longeron following EXTRA Flugzeugbau GmbH determined that these minor
cutout-bridge, which could cause the Service Bulletin EA–300 & EA–300/S, corrections:
upper longeron cutout-bridge to fail Doc: SB–300–3–93, Issue: A, Date: —Are consistent with the intent that
resulting in structural damage to the January 12, 1994. was proposed in the NPRM for
fuselage. This condition could lead to What has happened since AD 98–03– correcting the unsafe condition; and
loss of control of the airplane. 14 to initiate this action? LBA notified —Do not add any additional burden
DATES: This AD becomes effective on FAA of the need to change AD 98–03– upon the public than was already
February 28, 2005. 14. The LBA reports that not all affected proposed in the NPRM.
On March 16, 1998 (63 FR 5881, airplanes could have the required
February 5, 1998), the Director of the modification done following EXTRA Changes to 14 CFR Part 39—Effect on
Federal Register approved the Service Bulletin EA–300 & EA–300/S, the AD
incorporation by reference of EXTRA Doc: SB–300–3–93, Issue: A, Date: How does the revision to 14 CFR part
Flugzeugbau GmbH Service Bulletin January 12, 1994. 39 affect this AD? On July 10, 2002, the
EA–300 & EA–300/S Doc: SB–300–3–93, Installing the new steel sleeves may FAA published a new version of 14 CFR
Issue: A, Date: January 12, 1994. cause distortion to the upper longeron part 39 (67 FR 47997, July 22, 2002),
As of February 28, 2005, the Director bridge cutout and the fuselage. The which governs the FAA’s AD system.
of the Federal Register approved the distortion may cause misalignment of This regulation now includes material
incorporation by reference of EXTRA the steel sleeves fore and aft of the that relates to altered products, special
Flugzeugbau GmbH Service Bulletin cutouts. flight permits, and alternative methods
EA–300 & EA–300/S Doc: SB–300–3–93, This caused EXTRA to issue a new of compliance. This material previously
Issue: B, Date: June 10, 1998. service bulletin. The new service was included in each individual AD.

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