[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]


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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).

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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