Airworthiness Directives; Extra Flugzeugproduktions- und Vertriebs-GmbH Models EA-300, EA-300S, EA-300L, and EA-300/200 Airplanes, 16771-16774 [05-6443]
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Federal Register / Vol. 70, No. 62 / Friday, April 1, 2005 / Proposed Rules
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
16771
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–2005–20590;
Directorate Identifier 2005–CE–13–AD’’
in your request.
§ 39.13
List of Subjects in 14 CFR Part 39
What Airplanes Are Affected by This AD?
(c) This AD affects Model G120A airplanes,
all serial numbers, that are certificated in any
category.
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.
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
GROB–WERKE: Docket No. FAA–2005–
20590; Directorate Identifier 2005–CE–
13–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 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 replace front and rear main
landing gear bearings that are exposed to
high axial loads, which could result in failure
of the landing gear bearing. This failure could
lead to loss of control on landing.
What Must I Do To Address This Problem?
(e) To address this problem, you must do
the following:
Actions
Compliance
Procedures
(1) Replace the main landing gear front and
rear spherical bearings (part number (P/N)
S20) with improved spherical bearings (P/N
SSRC 20 C2).
(2) Do not install any main landing front gear
and rear spherical bearings (P/N S20).
Within the next 100 hours time-in-service
(TIS) after the effective date of this AD, unless already done.
Follow GROB Service Bulletin No. MSB1121–
054, dated November 22, 2004.
As of the effective date of this AD ...................
Not applicable.
May I Request an Alternative Method of
Compliance?
May I Get Copies of the Documents
Referenced in This AD?
DEPARTMENT OF TRANSPORTATION
(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.
(h) To get copies of the documents
referenced in this AD, contact GROB–
WERKE, Burkart Grob e.K.,
Unternehmenbereich Luft-und Raumfahrt,
Lettenbachstrasse 9, 86874 TussenhausenMattsies, Germany; telephone: 011 49 8268
998 105; facsimile: 011 49 8268 998 200. 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 https://dms.dot.gov.
This is docket number. FAA–2005–20590;
Directorate Identifier 2005–CE–13–AD.
Federal Aviation Administration
Is There Other Information That Relates to
This Subject?
(g) German AD Number D–2005–075, dated
February 9, 2005, also addresses the subject
of this AD.
Issued in Kansas City, Missouri, on March
25, 2005.
Nancy C. Lane,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–6444 Filed 3–31–05; 8:45 am]
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14 CFR Part 39
[Docket No. FAA–2005–20588; Directorate
Identifier 2005–CE–11–AD]
RIN 2120–AA64
Airworthiness Directives; Extra
Flugzeugproduktions- und VertriebsGmbH Models EA–300, EA–300S, EA–
300L, and EA–300/200 Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Extra Flugzeugproduktions- und
Vertriebs- GmbH (EXTRA) Models EA–
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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
https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Government-wide rulemaking Web
site: Go to https://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 Hunxe, Germany; telephone: 49–
2358–9137–0; facsimile: 49–2858–9137–
30.
To view the comments to this
proposed AD, go to https://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
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16:35 Mar 31, 2005
Jkt 205001
Identifier 2005–CE–11–AD’’ at the
beginning of your comments. We will
post all comments we receive, without
change, to https://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
https://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
https://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 Flugzeugproduktionsund 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
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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
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Federal Register / Vol. 70, No. 62 / Friday, April 1, 2005 / Proposed Rules
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:
Labor cost
Parts cost
Total cost
per airplane
1 work hour × $65 per hour = $65 ..............................................................................
$140
$205
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,
Model
(iv) EA–300/200 .................................................................................
(2) Group B
EA–300, EA–300S, EA–300L, and EA–300/200 ..............................
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Jkt 205001
$205 × 199 = $40,795.
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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
Extra Flugzeugproduktions- und VertriebsGmbH: 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:
Serial numbers
(1) Group A
(i) EA–300 .........................................................................................
(ii) EA–300S ......................................................................................
(iii) EA–300L ......................................................................................
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Total cost on U.S.
operators
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0 through 67.
0 through 31.
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.
0 through 31.
All.
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Federal Register / Vol. 70, No. 62 / Friday, April 1, 2005 / Proposed Rules
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
(1) For airplanes listed in Group A of paragraph
(c)(1) of this AD: Seal with firewall sealant
the gaps between the bottom fuselage cover
(belly fairing) and the firewall.
(2) For airplanes listed in Group B of paragraph
(c)(1) of this AD: Whenever you install the
bottom fuselage cover (belly fairing), do the
sealing procedure required by paragraph
(e)(1) of this AD.
Within the next 50 hours time-in-service (TIS)
or 3 calendar months after the effective
date of this AD, whichever occurs first, unless already done.
As of the effective date of this AD, whenever
you install the bottom fuselage cover (belly
fairing).
Follow EXTRA Flugzeugproduktions- und
Vertriebs- GmbH Service Bulletin No. 300–
4–04, Issue: A, dated May 25, 2004.
May I Request an Alternative Method of
Compliance?
DEPARTMENT OF LABOR
(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.
Employment and Training
Administration
Is There Other Information That Relates to
This Subject?
AGENCY:
(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 Hunxe, 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
https://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]
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20 CFR Part 655
RIN 1205–AB39
Labor Condition Applications and
Requirements for Employers Using
Nonimmigrants on H–1B Visas in
Specialty Occupations and as Fashion
Models, and Labor Attestation
Requirements for Employers Using
Nonimmigrants on H–1B1 Visas in
Specialty Occupations; Filing
Procedures
Employment and Training
Administration, Labor.
ACTION: Proposed rule; request for
comments.
SUMMARY: The Employment and
Training Administration (ETA) of the
Department of Labor (the Department or
DOL) is proposing to amend its
regulations related to the H–1B and H–
1B1 programs to generally require
employers to use Web-based electronic
filing of labor condition applications
(LCAs). The H–1B program allows an
employer in the United States to
temporarily employ a foreign worker on
a nonimmigrant basis in a specialty
occupation or as a fashion model of
distinguished merit and ability. For its
part, the H–1B1 program allows a U.S.
employer to temporarily employ on a
nonimmigrant basis in a specialty
occupation a foreign worker from a
country with which the U.S. has
reached trade or other agreements listed
in the Immigration and Nationality Act
(now Chile and Singapore). ETA
anticipates that increasing e-filing of H–
1B and H–1B1 labor condition
applications, and reducing U.S. Mail
and fax-based filings, will enhance the
effectiveness of the H–1B and H–1B1
programs, reduce costs and delays, and
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Follow EXTRA Flugzeugproduktions- und
Vertriebs- GmbH Service Bulletin No. 300–
4–04, Issue: A, dated May 25, 2004.
will match a U.S. employer with a
qualified H–1B or H–1B1 worker in a
more timely fashion. This notice of
proposed rulemaking (NPRM) also
proposes technical and clarifying
amendments to ETA’s H–1B and H–1B1
regulations to correct terminology and
addresses, update internal agency
procedures, and clarify text. Among
these amendments are provisions to
reflect Congressional reinstatement of
certain attestation obligations applicable
to employers who are H–1B dependent
or who have committed willful
violations of H–1B requirements.
DATES: To ensure consideration,
comments must be received on or before
May 2, 2005.
ADDRESSES: You may submit comments,
identified by Regulatory Information
Number (RIN) 1205–AB39, by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the Web
site instructions for submitting
comments.
• E-mail: Comments may be
submitted by e-mail to
h1b.comments@dol.gov. Include RIN
1205–AB39 in the subject line of the
message.
• U.S. Mail: Submit written
comments to the Assistant Secretary for
Employment and Training
Administration, U.S. Department of
Labor, 200 Constitution Avenue, NW.,
Room C–4312, Washington, DC 20210,
Attention: William Carlson, Chief,
Division of Foreign Labor Certification.
Because of security measures, mail sent
to Washington, DC is sometimes
delayed. We will only consider
comments postmarked by the U.S.
Postal Service or other delivery service
on or before the deadline for comments.
Instructions: All submissions received
must include the RIN 1205–AB39 for
this rulemaking. Receipt of submissions
will not be acknowledged. Because DOL
continues to experience occasional
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Agencies
[Federal Register Volume 70, Number 62 (Friday, April 1, 2005)]
[Proposed Rules]
[Pages 16771-16774]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6443]
-----------------------------------------------------------------------
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).
-----------------------------------------------------------------------
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 https://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to https://
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 https://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 https://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 https://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 https://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.
----------------------------------------------------------------------------------------------------------------
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.
------------------------------------------------------------------------
[[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
------------------------------------------------------------------------
(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 https://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