[Federal Register Volume 70, Number 62 (Friday, April 1, 2005)]
[Proposed Rules]
[Pages 16771-16774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6443]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20588; Directorate Identifier 2005-CE-11-AD]
RIN 2120-AA64


Airworthiness Directives; Extra Flugzeugproduktions- und 
Vertriebs-GmbH Models EA-300, EA-300S, EA-300L, and EA-300/200 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Extra Flugzeugproduktions- und Vertriebs- GmbH (EXTRA) 
Models EA-

[[Page 16772]]

300, EA-300S, EA-300L, and EA-300/200 airplanes. This proposed AD would 
require you to seal with firewall sealant the gaps between the bottom 
fuselage cover (belly fairing) and the firewall and repeat the sealing 
procedure whenever you install the bottom fuselage cover (belly 
fairing). This proposed AD results from mandatory continuing 
airworthiness information (MCAI) issued by the airworthiness authority 
for Germany. We are issuing this proposed AD to prevent fuel from 
flowing behind the firewall in the case of a fuel leak. This could 
result in an in-flight fire, which could cause loss of the airplane and 
crew.

DATES: We must receive any comments on this proposed AD by May 3, 2005.

ADDRESSES: Use one of the following to submit comments on this proposed 
AD:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
     Fax: 1-202-493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    To get the service information identified in this proposed AD, 
contact EXTRA Flugzeugproduktions- und Vertriebs- GmbH, Schwarze Heide 
21, 46569 H[uuml]nxe, Germany; telephone: 49-2358-9137-0; facsimile: 
49-2858-9137-30.
    To view the comments to this proposed AD, go to http://dms.dot.gov. 
This is docket number: FAA-2005-20588; Directorate Identifier 2005-CE-
11-AD.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, 
ACE-112, 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? We invite you to submit any 
written relevant data, views, or arguments regarding this proposal. 
Send your comments to an address listed under ADDRESSES. Include the 
docket number, ``FAA-2005-20588; Directorate Identifier 2005-CE-11-AD'' 
at the beginning of your comments. We will post all comments we 
receive, without change, to http://dms.dot.gov, including any personal 
information you provide. We will also post a report summarizing each 
substantive verbal contact with FAA personnel concerning this proposed 
rulemaking. Using the search function of our docket Web site, anyone 
can find and read the comments received into any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
This is docket number FAA-2005-20588; Directorate Identifier 2005-CE-
11-AD. You may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78) or you 
may visit http://dms.dot.gov.
    Are there any specific portions of this proposed AD I should pay 
attention to? We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of this 
proposed AD. If you contact us through a nonwritten communication and 
that contact relates to a substantive part of this proposed AD, we will 
summarize the contact and place the summary in the docket. We will 
consider all comments received by the closing date and may amend this 
proposed AD in light of those comments and contacts.

Docket Information

    Where can I go to view the docket information? You may view the AD 
docket that contains the proposal, any comments received, and any final 
disposition in person at the DMS Docket Offices between 9 a.m. and 5 
p.m. (eastern standard time), Monday through Friday, except Federal 
holidays. The Docket Office (telephone 1-800-647-5227) is located on 
the plaza level of the Department of Transportation NASSIF Building at 
the street address stated in ADDRESSES. You may also view the AD docket 
on the Internet at http://dms.dot.gov. The comments will be available 
in the AD docket shortly after the DMS receives them.

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 certain Extra 
Flugzeugproduktions- und Vertriebs- GmbH (EXTRA) Models EA-300, EA-
300S, EA-300L, and EA-300/200 airplanes. The LBA reports an incident of 
a fire in the engine compartment on one of the affected airplanes due 
to a leaking gascolator. Evidence showed that the spilled fuel had 
leaked down the firewall and through the non-sealed connections between 
the firewall and the bottom fuselage cover (belly fairing). The fire in 
the engine compartment spread to the cabin and resulted in loss of the 
airplane.
    What is the potential impact if FAA took no action? A fuel leak 
behind the firewall could result in an in-flight fire, which could 
cause loss of the airplane and crew.
    Is there service information that applies to this subject? EXTRA 
has issued Service Bulletin No. 300-4-04, Issue: A, dated May 25, 2004.
    What are the provisions of this service information? The service 
bulletin includes procedures for:

--Sealing with firewall sealant the gaps between the bottom fuselage 
cover (belly fairing) and the firewall; and
--Repeating the sealing whenever you install the bottom fuselage cover 
(belly fairing).

    What action did the LBA take? The LBA classified this service 
bulletin as mandatory and issued German AD Number D-2004-489, dated 
November 11, 2004, to ensure the continued airworthiness of these 
airplanes in Germany.
    Did the LBA inform the United States under the bilateral 
airworthiness agreement? These EXTRA Models EA-300, EA-300S, EA-300L, 
and EA-300/200 are manufactured in Germany and are 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.
    Under this bilateral airworthiness agreement, the LBA has kept us 
informed of the situation described above.

FAA's Determination and Requirements of This Proposed AD

    What has FAA decided? We have examined the LBA's findings, reviewed 
all available information, and determined that AD action is necessary 
for products of this type design that are certificated for operation in 
the United States.
    Since the unsafe condition described previously is likely to exist 
or develop on other EXTRA Models EA-300, EA-300S, EA-300L, and EA-300/
200 airplanes of the same type design that are registered in the United 
States, we are proposing AD action to prevent fuel from flowing behind 
the firewall in the

[[Page 16773]]

case of a fuel leak. This could result in an in-flight fire, which 
could cause loss of the airplane and crew.
    What would this proposed AD require? This proposed AD would require 
you to incorporate the actions in the previously-referenced service 
bulletin.
    How does the revision to 14 CFR part 39 affect this proposed AD? On 
July 10, 2002, we 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 altered products, special flight 
permits, and alternative methods of compliance. 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.

Costs of Compliance

    How many airplanes would this proposed AD impact? We estimate that 
this proposed AD affects 199 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 
seal with firewall sealant the gaps between the bottom fuselage cover 
(belly fairing) and the firewall:

----------------------------------------------------------------------------------------------------------------
                                                        Total cost  per
              Labor cost                  Parts cost        airplane          Total cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
1 work hour x $65 per hour = $65.....            $140             $205   $205 x 199 = $40,795.
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Authority for This Rulemaking

    What authority does FAA have for issuing this rulemaking action? 
Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106 describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this AD.

Regulatory Findings

    Would this proposed AD impact various entities? We have determined 
that this proposed AD would not have federalism implications under 
Executive Order 13132. This proposed AD 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.
    Would this proposed AD involve a significant rule or regulatory 
action? For the reasons discussed above, I certify that this proposed 
AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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.
    We prepared a summary of the costs to comply with this proposed AD 
(and other information as included in the Regulatory Evaluation) and 
placed it in the AD Docket. You may get a copy of this summary by 
sending a request to us at the address listed under ADDRESSES. Include 
``AD Docket FAA-2005-20588; Directorate Identifier 2005-CE-11-AD'' in 
your request.

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 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. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Extra Flugzeugproduktions- und Vertriebs- GmbH: Docket No. FAA-2005-
20588; Directorate Identifier 2005-CE-11-AD.

When Is the Last Date I Can Submit Comments on This Proposed AD?

    (a) We must receive comments on this proposed airworthiness 
directive (AD) by May 3, 2005.

What Other ADs Are Affected by This Action?

    (b) None.

What Airplanes Are Affected by This AD?

    (c) This AD affects the following airplane models and serial 
numbers that are certificated in any category:

------------------------------------------------------------------------
                 Model                            Serial numbers
------------------------------------------------------------------------
(1) Group A
    (i) EA-300.........................  0 through 67.
    (ii) EA-300S.......................  0 through 31.
    (iii) EA-300L......................  0 through 167, 168 through 170
                                          (or converted to 1168 through
                                          1170), 1171, 172 (or converted
                                          to 1172), 173 (or converted to
                                          1173), and 1174 through 1181.
    (iv) EA-300/200....................  0 through 31.
(2) Group B
    EA-300, EA-300S, EA-300L, and EA-    All.
     300/200.
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[[Page 16774]]

What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for 
Germany. The actions specified in this AD are intended to prevent 
fuel from flowing behind the firewall in the case of a fuel leak. 
This could result in an in-flight fire, which could cause loss of 
the airplane and crew.

What Must I Do To Address This Problem?

    (e) To address this problem, you must do the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
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(1) For airplanes listed in   Within the next 50    Follow EXTRA
 Group A of paragraph (c)(1)   hours time-in-        Flugzeugproduktions-
 of this AD: Seal with         service (TIS) or 3     und Vertriebs-
 firewall sealant the gaps     calendar months       GmbH Service
 between the bottom fuselage   after the effective   Bulletin No. 300-4-
 cover (belly fairing) and     date of this AD,      04, Issue: A, dated
 the firewall.                 whichever occurs      May 25, 2004.
                               first, unless
                               already done.
(2) For airplanes listed in   As of the effective   Follow EXTRA
 Group B of paragraph (c)(1)   date of this AD,      Flugzeugproduktions-
 of this AD: Whenever you      whenever you           und Vertriebs-
 install the bottom fuselage   install the bottom    GmbH Service
 cover (belly fairing), do     fuselage cover        Bulletin No. 300-4-
 the sealing procedure         (belly fairing).      04, Issue: A, dated
 required by paragraph                               May 25, 2004.
 (e)(1) of this AD.
------------------------------------------------------------------------

May I Request an Alternative Method of Compliance?

    (f) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.19. Unless FAA authorizes otherwise, send your request to 
your principal inspector. The principal inspector may add comments 
and will send your request to the Manager, Standards Office, Small 
Airplane Directorate, FAA. For information on any already approved 
alternative methods of compliance, contact Karl Schletzbaum, 
Aerospace Engineer, ACE-112, Small Airplane Directorate, 901 Locust, 
Room 301, Kansas City, Missouri 64106; telephone: 816-329-4146; 
facsimile: 816-329-4090.

Is There Other Information That Relates to This Subject?

    (g) German AD Number D-2004-489, dated November 11, 2004, also 
addresses the subject of this AD.

May I Get Copies of the Documents Referenced in This AD?

    (h) To get copies of the documents referenced in this AD, 
contact EXTRA Flugzeugproduktions- und Vertriebs- GmbH, Schwarze 
Heide 21, 46569 H[uuml]nxe, Germany; telephone: 49-2358-9137-0; 
facsimile: 49-2858-9137-30. To view the AD docket, go to the Docket 
Management Facility; U.S. Department of Transportation, 400 Seventh 
Street, SW., Nassif Building, Room PL-401, Washington, DC, or on the 
Internet at http://dms.dot.gov. This is docket number FAA-2005-
20588; Directorate Identifier 2005-CE-11-AD.

    Issued in Kansas City, Missouri, on March 25, 2005.
Nancy C. Lane,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-6443 Filed 3-31-05; 8:45 am]
BILLING CODE 4910-13-P