[Federal Register Volume 61, Number 164 (Thursday, August 22, 1996)] [Proposed Rules] [Pages 43317-43319] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-21374] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 95-CE-62-AD] RIN 2120-AA64 Airworthiness Directives; HOAC Austria Model DV-20 Katana Airplanes 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 Model DV-20 Katana airplanes. The proposed action would require replacing the muffler with one of improved design, installing a heat shield around the exhaust system endpipe, and adjusting the airplane weight and balance. Reports of cracks in the welding joint that connects the exhaust system endpipe to the muffler on three of the affected airplanes prompted the proposed action. The actions specified by the proposed AD are intended to prevent separation of the exhaust system endpipe from the muffler because of cracks in the welding that connects these parts, which could result in heat damage to the electrical system and engine controls. DATES: Comments must be received on or before October 28, 1996. ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Central Region, Office of the Assistant Chief Counsel, Attention: Rules Docket No. 95-CE-62-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. ADDRESSES: Send comments on the proposal in triplicate to the Federal Aviation Administration (FAA), Central Region, Office of the Assistant Chief Counsel, Attention: Rules Docket No. 95-CE-62-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 Ges.m.b.H., N.A. Otto-Strabe 5, A-2700, Wiener Neustadt. This information also may be examined at the Rules Docket at the address above. FOR FURTHER INFORMATION CONTACT: Mr. Greg Holt, Program Manager, Brussels Aircraft Certification Division, FAA, Europe, Africa, and Middle East Office, c/o American Embassy, B-1000 Brussels, Belgium; telephone (32 2) 513.2716; facsimile (32 2) 230.6899; or Mr. Robert Alpiser, Project Officer, Small Airplane Directorate, Aircraft Certification Service, FAA, 1201 Walnut, suite 900, Kansas City, Missouri 64105; 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, 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. 95-CE-62-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. 95-CE-62-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106. Discussion The Austro Control GmbH, which is the airworthiness authority for Austria, recently notified the FAA that an unsafe condition may exist on certain HOAC Austria Model DV-20 Katana airplanes. The Austro Control GmbH reports cracking in the welding joint that connects the exhaust system endpipe to the muffler. These conditions, if not detected and corrected, could result in separation of the exhaust system endpipe from the muffler because of cracks in the welding joint that connects these parts, which could result in heat damage to the electrical system and engine controls. Explanation of the Relevant Service Information HOAC Austria has issued Service Bulletin (SB) No. 20-7/1, dated May 30, 1994, which specifies replacing the muffler with one that has an endpipe type ``f'', and installing a heat shield around the exhaust system endpipe. This service bulletin references Drawing No. DV2- 7800R01-00, which illustrates the heat shield installation. The Austro Control GmbH classified HOAC Austria SB No. 20-7/1 as mandatory and issued Austro Control GmbH AD No. 77, dated June 24, 1994, in order to assure the continued airworthiness of these airplanes in Austria. Since that time, HOAC Austria has issued SB No. 20-7/2, dated September 8, 1994, which supersedes SB No. 20-7/1. FAA's Conclusion This airplane 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 [[Page 43318]] 21.29) and the applicable bilateral airworthiness agreement. Pursuant to this bilateral airworthiness agreement, the Austro Control GmbH has kept the FAA informed of the situation described above. The FAA has examined the findings of the Austro Control GmbH; reviewed all available information, including the service information referenced above; and determined that AD action is necessary for products of this type design that are certificated for operation in the United States. Explanation of the Provisions of the Proposed Rule Since an unsafe condition has been identified that is likely to exist or develop in other HOAC Austria Model DV-20 Katana airplanes of the same type design registered in the United States, the proposed AD would require replacing the muffler with one of improved design, installing a heat shield around the exhaust system endpipe, and adjusting the airplane weight and balance. Accomplishment of the proposed muffler replacement would in accordance with the applicable maintenance manual; accomplishment of the proposed heat shield installation would be in accordance with Drawing No. DV2-7800R01-00, as referenced in HOAC Austria SB No. 20-7/2, dated September 8, 1994; and accomplishment of the weight and balance adjustment would be in accordance with HOAC Austria SB No. 20-7/2, dated September 8, 1994. Compliance Time of the Proposed Rule The FAA has determined that an interval of three calendar months is an appropriate compliance time to address the identified unsafe condition in a timely manner. This compliance time was deemed appropriate after considering the safety implications, the average utilization rate of the affected fleet, and the availability of the replacement parts. Cost Impact The FAA estimates that 5 airplanes in the U.S. registry would be affected by the proposed AD, that it would take approximately 1 workhour per airplane to accomplish the proposed muffler replacement and heat shield installation, and that the average labor rate is approximately $60 per hour. HOAC Austria will provide parts at no cost to the affected airplane owners/operators. Based on these figures, the total cost impact of the proposed AD on U.S. operators is estimated to be $300 or $60 per airplane. The FAA is unaware of any affected airplane that already has the proposed muffler replacement and heat shield installation. Regulatory Impact 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. 106(g), 40113, 44701. Sec. 39.13 [Amended] 2. Section 39.13 is amended by adding a new airworthiness directive (AD) to read as follows: HOAC Austria: Docket No. 95-CE-62-AD. Applicability: Model DV-20 Katana airplanes, serial numbers 20005 through 20078, certificated in any category. Note 1: This AD applies to each airplane 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 airplanes that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph (d) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it. Compliance: Required within the next three calendar months after the effective date of this AD, unless already accomplished. To prevent separation of the exhaust system endpipe from the muffler because of cracks in the welding that connects these parts, which could result in heat damage to the electrical system and engine controls, accomplish the following: (a) For any Model DV-20 Katana airplane incorporating a serial number in the range of 20005 through 20078, replace the muffler with one that incorporates a type ``f'' endpipe. The letter ``F'' is stamped on the endpipe of these type ``f'' parts. Accomplish this action in accordance with HOAC Austria Maintenance Manual, Doc No. 4.02.02. (b) For any Model DV-20 Katana airplane incorporating a serial number in the range of 20005 through 20058, accomplish the following: (1) Install a heat shield in accordance with Drawing No. DV2- 7800R01-00, as referenced in HOAC Austria Service Bulletin (SB) No. 20-7/2, dated September 8, 1994. (2) Adjust the mass (weight) and center of gravity (CG) in accordance with the instructions in HOAC Austria SB No. 20-7/2, dated September 8, 1994. (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 airplane 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, Brussels Aircraft Certification Division, FAA, Europe, Africa, and Middle East Office, c/o American Embassy, B-1000 Brussels, Belgium. The request shall be forwarded through an appropriate FAA Maintenance Inspector, who may add comments and then send it to the Manager, Brussels Aircraft Certification Division. Note 2: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Brussels Aircraft Certification Division. (e) All persons affected by this directive may obtain copies of the document referred to herein upon request to HOAC Austria Ges.m.b.H., N.A. Otto-Strabe 5, A-2700, Wiener Neustadt; 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. [[Page 43319]] Issued in Kansas City, Missouri, on August 15, 1996. Carolanne L. Cabrini, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 96-21374 Filed 8-21-96; 8:45 am] BILLING CODE 4910-13-U