[Federal Register Volume 62, Number 216 (Friday, November 7, 1997)]
[Proposed Rules]
[Pages 60183-60184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29408]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 62, No. 216 / Friday, November 7, 1997 / 
Proposed Rules  

[[Page 60183]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-84-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 AD would require replacing the nose wheel leg 
of the nose landing gear (NLG) with a part of improved design. The 
proposed AD is the result of mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for Austria. 
The actions specified by the proposed AD are intended to prevent NLG 
collapse caused by cracks in the welding of the nose wheel tappet of 
the NLG, which could result in the inability to control the airplane 
during landing, takeoff, and other ground operations.

DATES: Comments must be received on or before December 8, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 97-CE-84-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 Diamond Aircraft Industries, G.m.b.H., N.A. Otto-Strabe 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. Roger P. Chudy, Aerospace 
Engineer, Small Airplane Directorate, Aircraft Certification Service, 
FAA, 1201 Walnut, suite 900, Kansas City, Missouri 64106; telephone 
(816) 426-5688; 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. 97-CE-84-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 Regional Counsel, Attention: 
Rules Docket No. 97-CE-84-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 that an incident of defective welding on the nose 
wheel tappet of the nose landing gear (NLG) caused the NLG to collapse 
during a hard landing on one of the referenced airplanes. These 
conditions, if not corrected, could result in NLG collapse and the 
inability to control the airplane during landing, takeoff, and other 
ground operations.

Explanation of the Relevant Service Information

    HOAC Austria has issued Diamond Aircraft Industries Service 
Bulletin No. 20-32, dated April 5, 1996, which specifies procedures for 
inspecting the weld on the nose wheel tappet of the NLG for cracks. 
This service bulletin specifies replacement of the nose wheel leg of 
the NLG with a part of improved design, leg version ``B'', in 
accordance with the applicable maintenance manual.
    The Austro Control GmbH classified this service bulletin as 
mandatory and issued Austrian AD No. 86, dated May 29, 1996, in order 
to assure the continued airworthiness of these airplanes in Austria.

FAA's Determination

    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 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 FAA is 
proposing AD action. The proposed AD would require replacing the nose 
wheel leg of the NLG with a part of improved design, nose

[[Page 60184]]

wheel leg version ``B'', in accordance with the applicable maintenance 
manual.

Cost Impact

    The FAA estimates that 20 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 replacement, and that 
the average labor rate is approximately $60 per hour. Parts cost 
approximately $900 per airplane. Based on these figures, the total cost 
impact of the proposed AD on U.S. operators is estimated to be $19,200 
or $960 per airplane.

Differences Between the Austrian AD, the Service Bulletin, and This 
Proposed AD

    Austrian AD No. 86, dated May 29, 1996, and Diamond Aircraft 
Industries Service Bulletin N. 20-32, dated April 5, 1996, both give 
the owners/operators of certain HOAC Austria Model DV-20 Katana 
airplanes the option of either (1) repetitively inspecting the weld of 
the nose wheel tappet in the NLG until cracks are found, at which time 
immediate modification or replacement (with parts of improved design) 
would be required; or (2) immediately replacing the weld of the nose 
wheel tappet in the NLG with parts of improved design.
    The FAA's policy is to provide corrective action that will 
eliminate the need for repetitive inspections. The FAA has determined 
that long-term operational safety will be better assured by design 
changes that remove the source of the problem, rather than by 
repetitive inspections or other special procedures.
    Because replacing the nose wheel leg (with parts of improved 
design) eliminates the need for repetitive inspections, the proposed AD 
differs from the service bulletin and the Austrian AD in that it would 
mandate the replacement.

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. 97-CE-84-AD.

    Applicability: Model DV-20 Katana airplanes, serial numbers 
20005 through 20160, 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 (c) 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 100 hours time-in-service 
(TIS) after the effective date of this AD, unless already 
accomplished.
    To prevent nose landing gear (NLG) collapse caused by cracks in 
the welding of the nose wheel tappet of the NLG, which could result 
in the inability to control the airplane during landing, takeoff, 
and other ground operations, accomplish the following:
    (a) Replace the nose wheel leg of the NLG with a part of 
improved design, nose wheel leg version ``B'', in accordance with 
the applicable maintenance manual.

    Note 2: Diamond Aircraft Industries Service Bulletin No. 20-32, 
dated April 5, 1996, specifies the replacement required by this AD.

    (b) 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.
    (c) 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 shall be 
forwarded through an appropriate FAA Maintenance Inspector, who may 
add comments and then send it to the Manager, Small Airplane 
Directorate.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Small Airplane Directorate.

    (d) 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, Austria; or 
may examine this document at the FAA, Central Region, Office of the 
Regional Counsel, Room 1558, 601 E. 12th Street, Kansas City, 
Missouri 64106.

    Note 4: The subject of this AD is addressed in Austrian AD No. 
86, dated May 29, 1996.

    Issued in Kansas City, Missouri, on October 31, 1997.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-29408 Filed 11-6-97; 8:45 am]
BILLING CODE 4910-13-U