[Federal Register Volume 68, Number 85 (Friday, May 2, 2003)]
[Proposed Rules]
[Pages 23427-23430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10846]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-14-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to all EXTRA Flugzeugbau GmbH (EXTRA) Models EA-
300/200, EA-300L, and EA-300S airplanes. This proposed AD would require 
you to inspect the fuel selector valve for leakage and the wing for 
structural damage and correct any damage or leakage. This proposed AD 
is the result of mandatory continuing airworthiness information (MCAI) 
issued by the airworthiness authority for Germany. The actions 
specified by this proposed AD are intended to detect and correct fuel 
leakage in the wings, which could lead to structural damage of the 
wings and possible reduced structural margins. Reduced structural 
margins could lead to eventual structural failure.

DATES: The Federal Aviation Administration (FAA) must receive any

[[Page 23428]]

comments on this proposed rule on or before June 9, 2003.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2003-CE-14-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. You may view any 
comments at this location between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays. You may also send comments 
electronically to the following address: [email protected]. 
Comments sent electronically must contain ``Docket No. 2003-CE-14-AD'' 
in the subject line. If you send comments electronically as attached 
electronic files, the files must be formatted in Microsoft Word 97 for 
Windows or ASCII text.
    You may get service information that applies to this proposed AD 
from EXTRA Flugzeugbau GmbH, Flugplatz Dinslaken, D-46569 H[uuml]nxe, 
Federal Republic of Germany; telephone: (0 28 58) 91 37-00; facsimile: 
(0 28 58) 91 37-30. You may also view this information at the Rules 
Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4146; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    How do I comment on this proposed AD? The FAA invites comments on 
this proposed rule. You may submit whatever written data, views, or 
arguments you choose. You need to include the proposed rule's docket 
number and submit your comments to the address specified under the 
caption ADDRESSES. We will consider all comments received on or before 
the closing date. We may amend this proposed rule in light of comments 
received. Factual information that supports your ideas and suggestions 
is extremely helpful in evaluating the effectiveness of this proposed 
AD action and determining whether we need to take additional rulemaking 
action.
    Are there any specific portions of this proposed AD I should pay 
attention to? The FAA specifically invites comments on the overall 
regulatory, economic, environmental, and energy aspects of this 
proposed rule that might suggest a need to modify the rule. You may 
view all comments we receive before and after the closing date of the 
rule in the Rules Docket. We will file a report in the Rules Docket 
that summarizes each contact we have with the public that concerns the 
substantive parts of this proposed AD.
    How can I be sure FAA receives my comment? If you want FAA to 
acknowledge the receipt of your mailed comments, you must include a 
self-addressed, stamped postcard. On the postcard, write ``Comments to 
Docket No. 2003-CE-14-AD.'' We will date stamp and mail the postcard 
back to you.

Discussion

    What events have caused this proposed AD? The Luftfahrt-Bundesamt 
(LBA), which is the airworthiness authority for Germany, recently 
notified FAA that an unsafe condition may exist on all EXTRA Models EA-
300/200, EA-300L, and EA-300S airplanes. The LBA reports several 
occurrences where the fuel selector valve did not operate correctly. 
When the wing tanks are selected, the acro/center tank is not 
completely shut-off. The result is fuel draining into the wing tanks 
that must be empty for acrobatics. This failure of the fuel selector 
valve to correctly operate is caused by the deterioration of the ``O''-
rings in the valve.
    What are the consequences if the condition is not corrected? 
Acrobatic operation with fuel in the wings could lead to structural 
damage of the wings and possibly reduced structural margins. Reduced 
structural margins could lead to eventual structural failure.
    Is there service information that applies to this subject? EXTRA 
has issued Service Letter No. 300-09-02, Issue: A, dated September 19, 
2002, which includes procedures for inspecting the fuel selector valve 
for leakage.
    What action did the LBA take? The LBA classified this service 
bulletin as mandatory and issued German AD Number AD 2002-48, dated 
January 9, 2003, in order to ensure the continued airworthiness of 
these airplanes in Germany.
    Was this in accordance with the bilateral airworthiness agreement? 
These airplane models are manufactured in Germany and are type 
certificated for operation in the United States under the provisions of 
Sec.  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 FAA informed of the situation described above.

The FAA's Determination and an Explanation of the Provisions of this 
Proposed AD

    What has FAA decided? The FAA has examined the findings of the LBA; 
reviewed all available information, including the service information 
referenced above; and determined that:

--The unsafe condition referenced in this document exists or could 
develop on other Models EA-300/200, EA-300L, and EA-300S airplanes of 
the same type design that are on the U.S. registry;
--The actions specified in the previously-referenced service 
information should be accomplished on the affected airplanes; and
--AD action should be taken in order to correct this unsafe condition.

    What would this proposed AD require? This proposed AD would require 
you to inspect the fuel selector valve for leakage and the wing for 
structural damage and correct any damage or leakage.
    How does the revision to 14 CFR part 39 affect this proposed AD? On 
July 10, 2002, FAA published a new version of 14 CFR part 39 (67 FR 
47997, July 22, 2002), which governs FAA's AD system. This regulation 
now includes material that relates to special flight permits, 
alternative methods of compliance, and altered products. This material 
previously was included in each individual AD. Since this material is 
included in 14 CFR part 39, we will not include it in future AD 
actions.

Cost Impact

    How many airplanes would this proposed AD impact? We estimate that 
this proposed AD affects 184 airplanes in the U.S. registry.
    What would be the cost impact of this proposed AD on owners/
operators of the affected airplanes? We estimate the following costs to 
accomplish this proposed inspection of the fuel selector valve:

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                                                              Total cost per
            Labor cost                     Parts cost            airplane        Total cost on U.S. operators
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4 workhours x $60 per hour = $240  Not applicable...........            $240  $240 x 184 = $44,160.
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[[Page 23429]]

    We estimate the following costs to accomplish any necessary valve 
repair that would be required based on the results of this proposed 
inspection. We have no way of determining the number of airplanes that 
may need such repair:

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                   Labor cost                      Parts cost                Total cost per airplane
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5 workhours x $60 per hour = $300..............         $122.50  $422.50.
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    We estimate the following costs to accomplish the proposed external 
inspection of the wings:

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                                                              Total cost per
            Labor cost                     Parts cost            airplane        Total cost on U.S. operators
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1 workhour x $60 per hour = $60..  Not Applicable...........             $60  $60 x 184 = $11,040.
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    We are unable to estimate the costs to accomplish any necessary 
wing repair that would be required based on the results of this 
proposed inspection. EXTRA will evaluate the damage of each affected 
airplane and develop an appropriate repair scheme.

Regulatory Impact

    Would this proposed AD impact various entities? The regulations 
proposed herein would 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. Therefore, it is determined that this 
proposed rule would not have federalism implications under Executive 
Order 13132.
    Would this proposed AD involve a significant rule or regulatory 
action? For the reasons discussed above, I certify that this proposed 
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, under 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. FAA amends Sec.  39.13 by adding a new airworthiness directive 
(AD) to read as follows:

Extra Flugzeugbau GmbH: Docket No. 2003-CE-14-AD

    (a) What airplanes are affected by this AD? This AD affects all 
Models EA-300/200, EA-300L, and EA-300S airplanes, all serial 
numbers, that are certificated in any category.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the airplanes identified in paragraph (a) of this AD must 
comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to detect and correct fuel leakage in the 
wings, which could lead to structural damage of the wings and 
possible reduced structural margins. Reduced structural margins 
could lead to eventual structural failure.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

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             Actions                  Compliance          Procedures
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(1) For all affected airplanes,   Within the next     In accordance with
 inspect the fuel selector valve   100 hours time-in-  EXTRA Flugzeugbau
 for leakage. Do not use           service (TIS)       GmbH Service
 compressed gas to check the       after the           Letter No. 300-09-
 valve since it is possible that   effective date of   02, Issue: A,
 use of compressed gas will        this AD, unless     dated September
 damage or dislodge the valve      already             19, 2002, and the
 ``O''-rings. Refer to the         accomplished.       applicable
 caution on page 1 of the                              airplane
 service letter.                                       maintenance
                                                       manual.
(2) For all affected airplanes,   Prior to further    In accordance with
 if any leakage is found during    flight after the    the applicable
 the inspection required by this   inspection          airplane
 AD, repair the damage.            required in         maintenance
                                   paragraph (d)(1)    manual.
                                   of this AD,
                                   unless already
                                   accomplished.
(3) For all affected airplanes,   Within the next     In accordance with
 inspect the external wing for     100 hours time-in-  the applicable
 structural damage:.               service (TIS)       airplane
                                   after the           maintenance
                                   effective date of   manual.
                                   this AD, unless
                                   already
                                   accomplished.
(i) Cracks......................
(ii) Delamination...............
(iii) Fuel leakage..............

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(4) For all affected airplanes,   Prior to further    In accordancae
 if any cracks, delamination, or   flight after the    with a repair
 fuel leakage is found during      inspection          scheme obtained
 the inspection required by this   required in         from EXTRA
 AD, accomplish the following:     paragraph (d)(3)    Flugzeugbau GmbH,
                                   of this AD,         Flugplatz
                                   unless already      Dinslaken, D-
                                   accomplished.       46569 H[uuml]nxe,
                                                       Federal Republic
                                                       of Germany;
                                                       telephone: (0 28
                                                       58) 91 37-00;
                                                       facsimile: (0 28
                                                       58) 91 37-30.
                                                       Obtain this
                                                       repair scheme
                                                       through the FAA
                                                       at the address
                                                       specified in
                                                       paragraph (e) of
                                                       this AD.
(i) obtain a repair scheme from
 the manufacturer;
(ii) incorporate this repair
 scheme; and
(iii) accomplish any follow-up
 actions as directed by the FAA.
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    (e) Can I comply with this AD in any other way? To use an 
alternative method of compliance or adjust the compliance time, 
follow the procedures in 14 CFR 39.19. Send these requests to the 
Manager, Standards Office, Small Airplane Directorate. For 
information on any already approved alternative methods of 
compliance, contact Karl Schletzbaum, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4146; facsimile: (816) 329-4090.
    (f) How do I get copies of the documents referenced in this AD? 
You may get copies of the documents referenced in this AD from EXTRA 
Flugzeugbau GmbH, Flugplatz Dinslaken, D-46569 H[uuml]nxe, Federal 
Republic of Germany; telephone: (0 28 58) 91 37-00; facsimile: (0 28 
58) 91 37-30. You may view these documents at FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, 
Missouri 64106.

    Note: The subject of this AD is addressed in German AD 2002-48, 
dated January 9, 2003.



    Issued in Kansas City, Missouri, on April 25, 2003.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-10846 Filed 5-1-03; 8:45 am]
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