[Federal Register Volume 63, Number 164 (Tuesday, August 25, 1998)]
[Proposed Rules]
[Pages 45189-45191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22701]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-83-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 (HOAC) Model DV 20 
airplanes equipped with ROTAX 912 A3 engines. The proposed action would 
require replacing the engine electronic modules. 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 electromagnetic interference 
(EMI) on the engine electronic module, which could cause the airplane 
engine to stop due to the interruption of the airplane's ignition 
system and result in loss of control of the airplane.

DATES: Comments must be received on or before September 21, 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-83-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, N.A. Otto-StraBe 5, A-2700 Wiener. Neustadt, 
Austria. This information also may be examined at the Rules Docket at 
the address above.


[[Page 45190]]


FOR FURTHER INFORMATION CONTACT: Mr. Roger Chudy, Aerospace Engineer, 
Small Airplane Directorate, Aircraft Certification Service, 1201 
Walnut, suite 900, Kansas City, Missouri 64106; (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-83-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-83-AD, Room 1558, 601 E. 12th Street, Kansas 
City, Missouri 64106.

Discussion

    The Austro Control Flugtechnik (Austro Control), which is the 
airworthiness authority for Austria, recently notified the FAA that an 
unsafe condition may exist on certain HOAC Model DV 20 Katana airplanes 
that are equipped with ROTAX 912 A3 series engines. The Austro Control 
reports that several operators with HOAC DV 20 Katana airplanes have 
experienced stopped or sputtering engines during flight.
    Further investigation shows that the poor engine performance occurs 
when the airplane is flown within close proximity to short wave radio 
transmissions, which indicates that electromagnetic interference (EMI) 
or high power short wave sources could cause an interruption to the 
engine electronic module and possibly cause uncommanded engine 
disruption.
    These conditions, if not detected and corrected, could result in 
possible loss of control of the airplane.

Relevant Service Information

    Bombardier-ROTAX, the manufacturer of the ROTAX 912-A3 series 
engine, has issued Technical Bulletin No. 912-08, dated August 16, 
1995, which specifies procedures for replacing both electronic ignition 
modules (part number (P/N) 965 356 or an FAA-approved equivalent part 
number) with an electronic ignition module of improved design.
    The Austro Control classified these service bulletins as mandatory 
and issued AD No. 84, dated October 4, 1995, in order to assure the 
continued airworthiness of these airplanes in Austria.

The 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 has kept the FAA 
informed of the situation described above.
    The FAA has examined the findings of the Austro Control, 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 AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other HOAC Model DV 20 Katana airplanes of the same 
type design registered in the United States, the proposed AD would 
require replacing the electronic ignition module with one of improved 
design. Accomplishment of the proposed installation would be in 
accordance with Bombardier-ROTAX Technical Note No. 912-08, dated 
August 16, 1995.

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 action, and that the 
average labor rate is approximately $60 an hour. Parts cost 
approximately $5,600 per airplane. Based on these figures, the total 
cost impact of the proposed AD on U.S. operators is estimated to be 
$113,200 or $5,660 per airplane.
    The manufacturer has informed the FAA that all of the affected 
airplanes registered in the U.S. have accomplished the proposed action, 
therefore, the estimated cost impact of the proposed AD on U.S. 
operators is eliminated.

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:

[[Page 45191]]

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-83-AD.

    Applicability: Model DV-20 Katana airplanes, certificated in any 
category, equipped with ROTAX 912-A3 series engines having serial 
numbers 4,076.064 through 4,380.753.

    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 electromagnetic interference (EMI) on the engine 
electronic module, which could cause the airplane engine to stop due 
to the interruption of the airplane's ignition system and result in 
loss of control of the airplane, accomplish the following:
    (a) Replace the engine electronic module, part number (P/N) 965 
356 or an FAA-approved equivalent part number, with a new engine 
electronic module, P/N 965 358 in accordance with the Instructions 
section of the ROTAX Technical Bulletin No. 912-08, dated August 16, 
1995.
    (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, Aircraft 
Certification Service, 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 2: 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, 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 2: The subject of this AD is addressed in Austrian AD No. 
84, dated October 4, 1995.

    Issued in Kansas City, Missouri, on August 18, 1998.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-22701 Filed 8-24-98; 8:45 am]
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