[Federal Register Volume 60, Number 61 (Thursday, March 30, 1995)] [Proposed Rules] [Pages 16396-16398] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-7783] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION 14 CFR Part 39 [Docket No. 94-CE-36-AD] Airworthiness Directives; HOAC AUSTRIA GmbH HK 36R ``Super Dimona'' Gliders AGENCY: Federal Aviation Administration, DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: This document proposes to adopt a new airworthiness directive (AD) that would apply to certain HOAC AUSTRIA GmbH (HOAC) HK 36R ``Super Dimona'' gliders. The proposed action would require inspecting the exhaust system for corrosion, replacing the exhaust system if corrosion is found, and installing a carbon monoxide detector. Reports received by the Federal Aviation Administration (FAA) of severe exhaust system corrosion on the affected gliders, including one of excessive corrosion (rusting through), prompted the proposed action. The actions specified by the proposed AD are intended to prevent carbon monoxide leakage caused by a corroded exhaust system, which, if not detected and corrected, could lead to passenger injuries. DATES: Comments must be received on or before June 16, 1995. ADDRESSES: Submit comments in triplicate to the FAA, Central Region, Office of the Assistant Chief Counsel, Attention: Rules Docket No. 94- CE-36-AD Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106. Comments may be inspected at this location between 8 a.m. and 4 p.m., Monday through Friday, holidays excepted. Service information that applies to the proposed AD may be obtained from HOAC AUSTRIA GmbH, N.A. Otto Strasse 5, A-2700 Wiener Neustadt, Austria. This information also may be examined at the Rules Docket at the address above. FOR FURTHER INFORMATION CONTACT: Mr. Herman C. Belderok, Project Officer, Gliders, Small Airplane Directorate, Aircraft Certification Service, FAA, 1201 Walnut, suite 900, Kansas City, Missouri 64106; telephone (816) 426-6932; facsimile (816) 426-2169. SUPPLEMENTARY INFORMATION: Comments Invited Interested persons are invited to participate in the making of the proposed rule by submitting such written data, views, or arguments as they may desire. Communications should identify the Rules Docket number and be submitted in triplicate to the address specified above. All communications received on or before the closing date for comments, specified above, will be considered before taking action on the proposed rule. The proposals contained in this notice may be changed in light of the comments received. Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the proposed rule. All comments submitted will be available, both before and after the closing date for comments, [[Page 16397]] in the Rules Docket for examination by interested persons. A report that summarizes each FAA-public contact concerned with the substance of this proposal will be filed in the Rules Docket. Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this notice must submit a self-addressed, stamped postcard on which the following statement is made: ``Comments to Docket No. 94-CE-36-AD.'' The postcard will be date stamped and returned to the commenter. Availability of NPRMs Any person may obtain a copy of this NPRM by submitting a request to the FAA, Central Region, Office of the Assistant Chief Counsel, Attention: Rules Docket No. 94-CE-36-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106. Discussion The Austro Control GmbH (ACG), which is the airworthiness authority for Austria, recently notified the FAA that an unsafe condition may exist on certain HOAC HK 36R ``Super Dimona'' gliders. The ACG reports several incidents of severe exhaust system corrosion on the affected gliders, including one of excessive corrosion (rusting through). If not detected and corrected, excessive corrosion could result in high carbon monoxide levels in the cockpit and subsequent passenger injury. HOAC has issued Service Bulletin (SB) 33, dated July 15, 1993, which specifies procedures for inspecting the exhaust system of these HK 36R ``Super Dimona'' gliders for corrosion, replacing the exhaust systems, and installing a carbon monoxide detector. The ACG classified this service bulletin as mandatory and issued ACG AD No. 74, in order to assure the continued airworthiness of these gliders in Austria. This glider model is manufactured in Austria and is 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. Pursuant to this bilateral airworthiness agreement, the ACG has kept the FAA informed of the situation described above. The FAA has examined the findings of the ACG, 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 an unsafe condition has been identified that is likely to exist or develop in other HOAC HK 36R ``Super Dimona'' gliders of the same type design, the proposed AD would require inspecting the exhaust system for corrosion, replacing the exhaust system if corrosion is found, and installing a carbon monoxide detector. The proposed action would be accomplished in accordance with the Measures section of HOAC SB 33, dated July 15, 1993. The FAA estimates that 4 gliders in the U.S. registry would be affected by the proposed AD, that it would take approximately 2 workhours per glider to accomplish the proposed action, and that the average labor rate is approximately $60 an hour. Parts cost approximately $25 per glider. Based on these figures, the total cost impact of the proposed AD on U.S. operators is estimated to be $580 ($145 per glider). This figure is based on the assumption that no affected owner/operator of the affected gliders has incorporated the proposed installation or accomplished the proposed inspection. The regulations proposed herein would not have substantial direct effects 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, in accordance with Executive Order 12612, it is determined that this proposal would not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. 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) if promulgated, 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 draft regulatory evaluation prepared for this action has been placed 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, Safety. The Proposed Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend part 39 of the Federal Aviation Regulations (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. App. 1354(a), 1421 and 1423; 49 U.S.C. 106(g); and 14 CFR 11.89. Sec. 39.13 [Amended] 2. Section 39.13 is amended by adding a new AD to read as follows: HOAC AUSTRIA GmbH: Docket No. 94-CE-36-AD. Applicability: HK 36R ``Super Dimona'' gliders (serial numbers 36.302 through 36.324), certificated in any category. Note 1: This AD applies to each glider identified in the preceding applicability provision, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For gliders that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must use the authority provided in paragraph (d) of this AD to request approval from the FAA. This approval may address either no action, if the current configuration eliminates the unsafe condition, or different actions necessary to address the unsafe condition described in this AD. Such a request should include an assessment of the effect of the changed configuration on the unsafe condition addressed by this AD. In no case does the presence of any modification, alteration, or repair remove any glider from the applicability of this AD. Compliance: Required within the next 10 hours time-in- service after the effective date of this AD, unless already accomplished. To prevent carbon monoxide leakage caused by a corroded exhaust system, which, if not detected and corrected, could lead to passenger injuries, accomplish the following: (a) Inspect the exhaust system for corrosion in accordance with the Measures section of HOAC Service Bulletin (SB) 33, dated July 15, 1993. If corrosion if found, prior to further flight, replace the exhaust system in accordance with the Measurement section of HOAC SB 33, dated July 15, 1993. (b) Install a carbon monoxide detector in accordance with the Measures section of HOAC SB 33, dated July 15, 1993. (c) Special flight permits may be issued in accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the glider to a location where the requirements of this AD can be accomplished. (d) An alternative method of compliance or adjustment of the compliance time that provides an equivalent level of safety may be approved by the Manager, Small Airplane Directorate, FAA, 1201 Walnut, suite 900, Kansas City, Missouri 64106. The request should be forwarded through an appropriate FAA Maintenance Inspector, who may add comments and then send it to the Manager, Small Airplane Directorate. Note 2: Information concerning the existence of approved alternative methods of [[Page 16398]] compliance with this AD, if any, may be obtained from the Small Airplane Directorate. (e) All persons affected by this directive may obtain copies of the document referred to herein upon request to HOAC AUSTRIA GmbH, N.A. Otto Strasse 5, A- 2700 Wiener Neustadt, Austria; or may examine this document at the FAA, Central Region, Office of the Assistant Chief Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106. Issued in Kansas City, Missouri, on March 24, 1995. Dwight A. Young, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 95-7783 Filed 3-29-95; 8:45 am] BILLING CODE 4910-13-U