[Federal Register: June 7, 2005 (Volume 70, Number 108)]
[Rules and Regulations]
[Page 32990-32992]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jn05-6]
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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:
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Total cost per
Labor cost Parts cost airplane Total cost on U.S. operators
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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:
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Model Serial numbers
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(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]]
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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-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.
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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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