[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]



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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).

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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]
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