[Federal Register: August 19, 2003 (Volume 68, Number 160)]
[Rules and Regulations]
[Page 49688-49690]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19au03-4]
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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:
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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 = Not Applicable............... $240 $240 x 184 = $44,160
$240.
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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:
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Total cost per
Labor cost Parts cost 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 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
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]]
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Actions Compliance Procedures
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(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.
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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, 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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