[Federal Register Volume 68, Number 160 (Tuesday, August 19, 2003)]
[Rules and Regulations]
[Pages 49688-49690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20832]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-14-AD; Amendment 39-13275; AD 2003-17-02]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to all EXTRA Flugzeugbau GmbH (EXTRA) Models EA-300/200, EA-
300L, and EA-300S airplanes. This AD requires you to inspect the fuel 
selector valve for leakage and the wing for structural damage and 
correct any damage or leakage. This AD is the result of mandatory 
continuing airworthiness information (MCAI) issued by the airworthiness 
authority for Germany. 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.

DATES: This AD becomes effective on October 10, 2003.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulations as of 
October 10, 2003.

ADDRESSES: You may get the service information referenced in this AD 
from EXTRA Flugzeugbau GmbH, Flugplatz Dinslaken, D-46569 Hunxe, 
Federal Republic of Germany; telephone: (0 28 58) 91 37-00; facsimile: 
(0 28 58) 91 37-30. You may view this information at the Federal 
Aviation Administration (FAA), Central Region, Office of the Regional 
Counsel, Attention: Rules Docket No. 2003-CE-14-AD, 901 Locust, Room 
506, 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, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4146; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION: 

Discussion

    What events have caused this 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 
aerobatics. This failure of the fuel selector valve to correctly 
operate is caused by the deterioration of the ``O''-ring in the valve.
    What is the potential impact if FAA took no action? Aerobatic 
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.
    Has FAA taken any action to this point? We issued a proposal to 
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to 
include an AD that would apply to all EXTRA Flugzeugbau GmbH (EXTRA) 
Models EA-300/200, EA-300L, and EA-300S airplanes. This proposal was 
published in the Federal Register as a notice of proposed rulemaking 
(NPRM) on May 2, 2003 (68 FR 23427). The NPRM proposed to require you 
to inspect the fuel selector valve for leakage and the wing for 
structural damage and correct any damage or leakage.
    Was the public invited to comment? The FAA encouraged interested 
persons to participate in the making of this amendment. The following 
presents the comment received on the proposal and FAA's response to the 
comment:

Comment Issue: Condition Only Evident in Airplanes With Installed Long-
Range Fuel Tanks

    What is the commenter's concern? One commenter states that the 
condition is only evident in airplanes with long-range fuel tanks 
installed because of the unique physical configuration of the tanks and 
does not affect the fuel selector valve. Further, the problem does not 
exist on the affected airplane model that does not have selectable 
tanks. The commenter also states that there have been no known 
structural failures; only a few fuel leaks and paint cracks. The FAA 
infers that the commenter wants the NPRM withdrawn. Further, we infer 
that if the AD is issued, the commenter wants the AD to apply only to 
airplanes with long-range fuel tanks installed.
    What is FAA's response to the concern? The FAA disagrees that the 
NPRM should be withdrawn or that the AD should apply only to airplanes 
with long-range fuel tanks installed. While FAA agrees that the 
structural cracks have only been found on some airplanes with long-
range fuel tanks installed, FAA has determined that the condition 
should be addressed on all airplanes listed on the German AD that are 
type certificated for operation in the United States. The leaking fuel 
selector is not the main problem; the primary concern is the consequent 
structural damage done by the presence of fuel in the wing tanks that 
must be empty during aerobatics.
    We are not changing the final rule AD action as a result of this 
comment.

FAA's Determination

    What is FAA's final determination on this issue? We carefully 
reviewed all available information related to the subject presented 
above and determined that air safety and the public interest require 
the adoption of the rule as proposed except for the changes discussed 
above and minor editorial corrections. We have determined that these 
changes and minor corrections:

--Provide the intent that was proposed in the NPRM for correcting the 
unsafe condition; and

[[Page 49689]]

--Do not add any additional burden upon the public than was already 
proposed in the NPRM.

    How does the revision to 14 CFR part 39 affect this 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 does this AD impact? We estimate that this AD 
affects 184 airplanes in the U.S. registry.
    What is the cost impact of this AD on owners/operators of the 
affected airplanes? We estimate the following costs to accomplish the 
inspection of the fuel selector valve:

----------------------------------------------------------------------------------------------------------------
                                                                  Total cost per
           Labor cost                       Parts cost               airplane       Total cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
4 workhours x $60 per hour =      Not Applicable...............             $240   $240 x 184 = $44,160
 $240.
----------------------------------------------------------------------------------------------------------------

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

------------------------------------------------------------------------
                                                         Total cost per
             Labor cost                  Parts cost         airplane
------------------------------------------------------------------------
5 workhours x $60 per hour = $300...          $122.50           $422.50
------------------------------------------------------------------------

    We estimate the following costs to accomplish the external 
inspection of the wings:

----------------------------------------------------------------------------------------------------------------
                                                                  Total cost per
           Labor cost                       Parts cost               airplane      Total cost on  U.S. operators
----------------------------------------------------------------------------------------------------------------
1 workhour x $60 per hour = $60.  Not applicable...............              $60   $60 x 184 = $11,040
----------------------------------------------------------------------------------------------------------------

    We are unable to estimate the costs to accomplish any necessary 
wing repair that would be required based on the results of this 
inspection. EXTRA will evaluate the damage of each affected airplane 
and develop an appropriate repair scheme.

Regulatory Impact

    Does this AD impact various entities? The regulations adopted 
herein 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. Therefore, it is determined that this final rule does not 
have federalism implications under Executive Order 13132.
    Does this AD involve a significant rule or regulatory action? For 
the reasons discussed above, I certify that this 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) 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 final evaluation prepared for this action is contained 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under 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

0
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]

0
2. FAA amends Sec.  39.13 by adding a new AD to read as follows:

2003-17-02 Extra Flugzeugbau GmbH: Amendment 39-13275; Docket No. 
2003-CE-14-AD.

    (a) What airplanes are affected by this AD? This AD affects 
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:

[[Page 49690]]



------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) For all affected          Within the next 100   In accordance with
 airplanes, inspect the fuel   hours time-in-        EXTRA Flugzeugbau
 selector valve for leakage.   service (TIS) after   GmbH Service Letter
                               October 10, 2003      No. 300-09-02,
                               (the effective date   Issue: A, dated
                               of this AD), unless   September 19, 2002,
                               already               and the applicable
                               accomplished.         airplane
                                                     maintenance manual.
(2) For all affected          Prior to further      In accordance with
 airplanes, if any leakage     flight after the      the applicable
 is found during the           inspection required   airplane
 inspection required by this   in paragraph (d)(1)   maintenance manual.
 AD, repair the damage.        of this AD, unless
                               already
                               accomplished.
(3) For all affected          Within the next 100   In accordance with
 airplanes, inspect the        hours time-in-        the applicable
 external wing for             service (TIS) after   airplane
 structural damage:            October 10, 2003      maintenance manual.
(i) Cracks..................   (the effective date
(ii) Delamination...........   of this AD), unless
(iii) Fuel leakage..........   already
                               accomplished.
(4) For all affected          Prior to further      In accordance with a
 airplanes, if any cracks,     flight after the      repair scheme
 delamination, or fuel         inspection required   obtained from EXTRA
 leakage is found during the   in paragraph (d)(3)   Flugzeugbau GmbH,
 inspection required by this   of this AD, unless    Flugplatz
 AD, accomplish the            already               Dinslaken, D-46569
 following:                    accomplished.         H[uuml]nxe, Federal
(i) obtain a repair scheme                           Republic of
 from the manufacturer;.                             Germany; telephone:
(ii) incorporate this repair                         (0 28 58) 91 37-00;
 scheme; and.                                        facsimile: (0 28
(iii) accomplish any follow-                         58) 91 37-30.
 up actions as directed by                           Obtain this repair
 the FAA..                                           scheme through the
                                                     FAA at the address
                                                     specified in
                                                     paragraph (e) of
                                                     this AD.
------------------------------------------------------------------------

    (e) Can I comply with this AD in any other way? To use an 
alternative method of compliance or adjust the compliance time, use 
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) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance 
with EXTRA Flugzeugbau GmbH Service Letter No. 300-09-02, Issue: A, 
dated September 19, 2002. The Director of the Federal Register 
approved this incorporation by reference under 5 U.S.C. 552(a) and 1 
CFR part 51. You may get copies from EXTRA Flugzeugbau GmbH, 
Flugplatz Dinslaken, D-46569 Hunxe, Federal Republic of Germany; 
telephone: (0 28 58) 91 37-00; facsimile: (0 28 58) 91 37-30. You 
may view copies at the FAA, Central Region, Office of the Regional 
Counsel, 901 Locust, Room 506, Kansas City, Missouri, or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.
    (g) When does this amendment become effective? This amendment 
becomes effective on October 10, 2003.

    Issued in Kansas City, Missouri, on August 11, 2003.
Diane K. Malone,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-20832 Filed 8-18-03; 8:45 am]
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