AD 95-18-13 ACTIVE

This amendment adopts a new airworthiness directive (AD) that applies to certain HOAC AUSTRIA GmbH (HOAC) HK 36R "Super Dimona" gliders. This action requires inspecting the exhaust system for corrosion, replacing the exhaust system if corrosion is found, and installing a carbon monoxide detector. Reports received by the Federal Aviation Administration (FAA) of severe exhaust system corrosion on the affected gliders, including one of excessive corrosion (rusting through), prompted this action. The actions specified by this AD are intended to prevent carbon monoxide leakage caused by a corroded exhaust system, which, if not detected and corrected, could lead to passenger injuries.

Final rule

95-18-13 HOAC AUSTRIA GMBH: Amendment 39-9360; Docket No. 94-CE-36-AD.

Applicability: HK 36R "Super Dimona" gliders (serial numbers 36.302 through 36.323), certificated in any category.

NOTE 1: This AD applies to each airplane identified in the preceding applicability revision, 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 10 hours time-in-service after the effective date of this AD, unless already accomplished.

To prevent carbon monoxide leakage caused by a corroded exhaust system, which, if not detected and corrected, could lead to passenger injuries, accomplish the following:

(a) Inspect the exhaust system for corrosion in accordance with the Measures section of HOAC Service Bulletin (SB) No. 33, dated July 15, 1993. If corrosion is found, prior to further flight, replace the exhaust system in accordance with the Measures section of HOAC SB No. 33, dated July 15, 1993.

(b) Install a carbon monoxide detector in accordance with the Measures section of HOAC SB No. 33, dated July 15, 1993.

(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 glider to a location where the requirements of this AD can be accomplished.

(d) An alternative method of compliance or adjustment of the compliance timethat 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 should 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.

(e) The inspection, replacement, and installation required by this AD shall be done in accordance with HOAC Service Bulletin No. 33, dated July 15, 1993. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from HOAC AUSTRIA GmbH, N.A. Otto Strasse 5, A-2700 Wiener Neustadt, Austria. Copies may be inspected at the FAA, Central Region, Office of the Assistant Chief Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri, or at the Office of the Federal Register, 800 North Capitol Street, NW., 7th Floor, suite 700, Washington, DC.

(f) This amendment becomes effective on October 26, 1995.

A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to HOAC HK 36R "Super Dimona" gliders was published in the Federal Register on March 30, 1995 (60 FR 16396). The action proposed to require inspecting the exhaust system for corrosion, replacing the exhaust system if corrosion is found, and installing a carbon monoxide detector. Accomplishment of the proposed action would be in accordance with the Measures section of HOAC Service Bulletin No. 33, dated July 15, 1993.

Interested persons have been afforded an opportunity to participate in the making of this amendment. No comments were received on the proposed rule or the FAA's determination of the cost to the public.

After careful review of all available information related to the subject presented above including the referenced service information, the FAA has determined that air safety and the public interest require the adoptionof the rule as proposed except for minor editorial corrections. The FAA has determined that these minor corrections will not change the meaning of the AD and will not add any additional burden upon the public than was already proposed.

The FAA estimates that 4 gliders in the U.S. registry will be affected by this AD, that it will take approximately 1 workhour per glider to accomplish the required inspection and install a carbon monoxide detector, and that the average labor rate is approximately $60 an hour. Parts (a carbon monoxide detector) will be provided by the manufacturer at no cost to the owner/operator. Based on these figures, the total cost impact of this AD on U.S. operators is estimated to be $240 ($60 per glider). This figure is based on the assumption that no affected owner/operator of the affected gliders has incorporated the required installation or accomplished the required inspection.

The regulations adopted herein will not have substantial direct effectson 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 final rule does 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) 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 final evaluation prepared for this action is contained 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, Incorporation by reference, Safety.

Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends 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), 40101, 40113, 44701.

Section 39.13 - [AMENDED]
2. Section 39.13 is amended by adding a new airworthiness directive to read as follows:

Service information that applies to this AD may be obtained from HOAC AUSTRIA GmbH, N.A. Otto Strasse 5, A-2700 Wiener Neustadt, Austria. This information may also be examined at the FAA, Central Region, Office of the Assistant Chief Counsel, Attention: Rules Docket 94-CE-36-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

Mr. Herman C. Belderok, Project Officer, Gliders, Small Airplane Directorate, Aircraft Certification Service, FAA, 1201 Walnut, suite 900, Kansas City, Missouri 64106; telephone (816) 426-6932; facsimile (816) 426-2169.