[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
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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