[Federal Register Volume 63, Number 28 (Wednesday, February 11, 1998)]
[Proposed Rules]
[Pages 6882-6883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3413]


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 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. 63, No. 28 / Wednesday, February 11, 1998 / 
Proposed Rules  

[[Page 6882]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-132-AD]
RIN 2120-AA64


Airworthiness Directives; Diamond Aircraft Industries Models HK 
36 TTS and HK 36 TTC Sailplanes

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 Diamond Aircraft Industries (Diamond) 
Models HK 36 TTS and HK 36 TTC sailplanes. The proposed action would 
require inspecting the engine turbocharger oil-pressure line for the 
correct banjo bolt. The correct banjo bolt would have a valve seat, 
instead of a built-in orifice. If the banjo bolt does not have a valve 
seat, then the proposed action would require replacing the banjo bolt 
with one that has a valve seat, and repairing or replacing the 
turbocharger. 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 possible loss of engine power, which, if not corrected, could 
result in possible loss of control of the sailplane.

DATES: Comments must be received on or before March 17, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 97-CE-132-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. Mike Kiesov, Aerospace Engineer, 
Small Airplane Directorate, Aircraft Certification Service, FAA, 1201 
Walnut, suite 900, Kansas City, Missouri 64106; telephone (816) 426-
6934; 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-132-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-132-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 Diamond Aircraft Industries (Diamond) Models HK 36 TTS and 
HK 36 TTC sailplanes equipped with Bombardier ROTAX (ROTAX) 912 F 
series engines (serial numbers 4,420.011 through 4,420.058). The Austro 
Control GmbH reports that during a routine maintenance inspection, 
Diamond found that some of the affected sailplanes equipped with 
turbocharged ROTAX engines have the wrong banjo bolt installed in the 
oil-pressure line. The correct banjo bolt, part number (P/N) 941 782, 
should have a valve seat instead of a built-in orifice. The wrong banjo 
bolt could cause excessive wear to the turbine bearing in the 
turbocharger because of too much oil entering the muffler system. This 
increased oil in the muffler would be evident by excessive smoke in the 
exhaust. These conditions, if not corrected, could result in loss of 
engine power, with possible loss of control of the sailplane.

Relevant Service Information

    Bombardier ROTAX has issued Technical Bulletin No. 914-04, dated 
August 1997, which specifies procedures for inspecting the sailplane's 
oil-pressure line in the turbocharged engine for the correct banjo bolt 
(P/N 941 782), replacing any banjo bolt that has a built-in orifice, 
and repairing or replacing the turbocharger.
    The Austro Control GmbH classified this service bulletin as 
mandatory and issued Austrian AD No. 90, undated, in order to assure 
the continued airworthiness of these sailplanes in Austria.

The FAA's Determination

    This sailplane 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, 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

[[Page 6883]]

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 AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other Diamond Aircraft Ltd. Model HK 36 TTS and HK 
36 TTC sailplanes of the same type design registered in the United 
States, the proposed AD would require inspecting the banjo bolt for a 
valve seat. If the banjo bolt does not have a valve seat, the proposed 
AD would require replacing the banjo bolt, and repairing or replacing 
the turbocharger. Accomplishment of the proposed installation would be 
in accordance with Bombardier ROTAX Technical Bulletin No. 914-04, 
dated August, 1997.

Cost Impact

    The FAA estimates that 4 sailplanes in the U.S. registry would be 
affected by the proposed AD, that it would take approximately 1 
workhour per sailplane to accomplish the proposed inspection, and that 
the average labor rate is approximately $60 an hour. Based on these 
figures, the total cost impact of the proposed AD on U.S. operators is 
estimated to be $240 or $60 per sailplane.

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 USC 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:

Diamond Aircraft Industries: Docket No. 97-CE-132-AD.

    Applicability: Model HK 36 TTS and HK 36 TTC sailplanes (all 
serial numbers), certificated in any category, equipped with 
Bombardier ROTAX engines (serial numbers 4,420.011 through 
4,420.058).

    Note 1: This AD applies to each sailplane 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 sailplanes 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 10 hours time-in-service 
(TIS) after the effective date of this AD, unless already 
accomplished.
    To prevent possible loss of engine power, which, if not 
corrected, could result in possible loss of control of the 
sailplane, accomplish the following:
    (a) Inspect the Bombardier ROTAX engine's turbocharger oil-
pressure line for a banjo bolt with a valve seat, part number (P/N) 
941 782 (or an FAA-approved equivalent part number), in accordance 
with the Instructions section of Bombardier ROTAX Technical Bulletin 
No. 914-04, dated August, 1997.

    Note 2: An incorrect banjo bolt would have a built-in orifice, 
instead of a valve seat.

    (b) If an incorrect banjo bolt is installed, prior to further 
flight, replace the banjo bolt with one that has P/N 941 782 (or an 
FAA-approved equivalent part number), and repair or replace the 
turbocharger in accordance with the Instructions section of 
Bombardier ROTAX Technical Bulletin No. 914-04, dated August, 1997.
    (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 sailplane 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 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.

    (e) Questions or technical information related to ROTAX 
Technical Bulletin No. 914-04, dated August 1997, should be directed 
to Diamond Aircraft Industries, G.m.b.H., N.A. Otto-Strabe 5, A-
2700, Wiener Neustadt, Austria. This service information may be 
examined 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. 
90, undated.

    Issued in Kansas City, Missouri, on February 4, 1998.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-3413 Filed 2-10-98; 8:45 am]
BILLING CODE 4910-13-P