[Federal Register Volume 70, Number 108 (Tuesday, June 7, 2005)]
[Rules and Regulations]
[Pages 32990-32992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11041]


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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; 
Amendment 39-14109; AD 2005-11-07]
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: Final rule.

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SUMMARY: The FAA adopts a new airworthiness directive (AD) for certain 
Extra Flugzeugproduktions-und Vertriebs-GmbH (EXTRA) Models EA-300, EA-
300S, EA-300L, and EA-300/200 airplanes. This AD requires 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 AD results from 
mandatory continuing airworthiness information (MCAI) issued by the 
airworthiness authority for Germany. We are issuing this 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: This AD becomes effective on July 18, 2005.
    As of July 18, 2005, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in the 
regulation.

ADDRESSES: To get the service information identified in this AD, 
contact EXTRA Flugzeugproduktions-und Vertriebs-GmbH, Schwarze Heide 
21, 46569 H[uuml]nxe, Germany; telephone: 011-011-49-2858-9137-30; 
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 20590-001 or on the Internet at http://dms.dot.gov. The docket number is 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:

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 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.
    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 certain Extra Flugzeugproduktions-und 
Vertriebs-GmbH (EXTRA) Models EA-300, EA-300S, EA-300L, and EA-300/200 
airplanes. This proposal was published in the Federal Register as a 
notice of proposed rulemaking (NPRM) on April 1, 2005 (70 FR 16771). 
The NPRM proposed to require you to seal with firewall sealant the gaps 
between the bottom fuselage cover (belly fairing) and the firewall and 
whenever you install the bottom fuselage cover (belly fairing).

Comments

    Was the public invited to comment? We provided the public the 
opportunity to participate in developing this AD. We received no 
comments on the proposal or on the determination of the cost to the 
public.

Conclusion

    What is FAA's final determination on this issue? We have carefully 
reviewed the available data and determined that air safety and the 
public interest require adopting the AD as proposed except for minor 
editorial corrections. We have determined that these minor corrections:

--Are consistent with the intent that was proposed in the NPRM for 
correcting the unsafe condition; and
--Do not add any additional burden upon the public than was already 
proposed in the NPRM.

[[Page 32991]]

Changes to 14 CFR Part 39--Effect on the AD

    How does the revision to 14 CFR part 39 affect this AD? On July 10, 
2002, the FAA published a new version of 14 CFR part 39 (67 FR 47997, 
July 22, 2002), which governs the 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 does this AD impact? We estimate that this AD 
affects 199 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 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

    Will this AD impact various entities? We have determined that this 
AD will not have federalism implications under Executive Order 13132. 
This AD 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.
    Will this AD involve a significant rule or regulatory action? For 
the reasons discussed above, I certify that this 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 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 ``Docket 
No. 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, 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:

2005-11-07 Extra Flugzeugproduktions-Und Vertriebs-GmbH: Amendment 
39-14109; Docket No. FAA-2005-20588; Directorate Identifier 2005-CE-
11-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on July 18, 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,  All.
     and EA-300/200.
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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:

[[Page 32992]]



------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(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-GmbH
 firewall sealant the gaps     calendar months       Service Bulletin
 between the bottom fuselage   after July 18, 2005   No. 300-4-04,
 cover (belly fairing) and     (the effective date   Issue: A, dated May
 the firewall.                 of this AD),          25, 2004.
                               whichever occurs
                               first, unless
                               already done.
(2) For airplanes listed in   As of July 18, 2005   Follow EXTRA
 Group B of paragraph (c)(1)   (the effective date   Flugzeugproduktions-
 of this AD: Whenever you      of this AD),          und Vertriebs-GmbH
 install the bottom fuselage   whenever you          Service Bulletin
 cover (belly fairing), do     install the bottom    No. 300-4-04,
 the sealing procedure         fuselage cover        Issue: A, dated May
 required by paragraph         (belly fairing).      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.

Does This AD Incorporate Any Material by Reference?

    (h) You must do the actions required by this AD following the 
instructions in EXTRA Flugzeugproduktions-und Vertriebs-GmbH Service 
Bulletin No. 300-4-04, Issue: A, dated May 25, 2004. The Director of 
the Federal Register approved the incorporation by reference of this 
service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. To get a copy of this service information, contact EXTRA 
Flugzeugproduktions-und Vertriebs-GmbH, Schwarze Heide 21, 46569 
H[uuml]nxe, Germany; telephone: 011-011-49-2858-9137-30; facsimile: 
49-2858-9137-30. To review copies of this service information, go to 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html or call (202) 741-6030. 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 20590-001 or on the Internet at http://dms.dot.gov. The docket number is FAA-2005-20588; Directorate 
Identifier 2005-CE-11-AD.

    Issued in Kansas City, Missouri, on May 26, 2005.
Kim Smith,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-11041 Filed 6-6-05; 8:45 am]
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