[Federal Register Volume 62, Number 202 (Monday, October 20, 1997)]
[Rules and Regulations]
[Pages 54378-54379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27579]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-08-AD; Amendment 39-10166; AD 97-21-13]
RIN 2120-AA64


Airworthiness Directives; Lockheed Model 382 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all Lockheed Model 382 series airplanes, that requires 
revising the Airplane Flight Manual (AFM) to prohibit the positioning 
of the power levers below the flight idle stop, and to provide a 
statement of the consequences of positioning the power levers below the 
flight idle stop. This amendment is prompted by incidents and accidents 
involving airplanes equipped with turboprop engines in which the 
propeller beta was used improperly during flight. The actions specified 
by this AD are intended to prevent loss of airplane controllability, or 
engine overspeed and consequent loss of engine power caused by the 
power levers being positioned below the flight idle stop while the 
airplane is in flight.

DATES: Effective November 24, 1997.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of November 24, 1997.

ADDRESSES: The service information referenced in this AD may be 
obtained from Lockheed Aeronautical Systems Support Company (LASSC), 
Field Support Department, Dept. 693, Zone 0755, 2251 Lake Park Drive, 
Smyrna, Georgia 30080. This information may be examined at the Federal 
Aviation Administration (FAA), Transport Airplane Directorate, Rules 
Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the FAA, Small 
Airplane Directorate, Atlanta Aircraft Certification Office, One Crown 
Center, 1895 Phoenix Boulevard, Suite 450, Atlanta, Georgia.

FOR FURTHER INFORMATION CONTACT: Thomas Peters, Aerospace Engineer, 
Systems and Flight Test Branch, ACE-116A, FAA, Small Airplane 
Directorate, Atlanta Aircraft Certification Office, One Crown Center, 
1895 Phoenix Boulevard, Suite 450, Atlanta, Georgia 30349; telephone 
(707) 703-6063; fax (707) 703-6097.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to all Lockheed Model 382 series 
airplanes was published in the Federal Register on March 26, 1997 (62 
FR 14369). That action proposed to require revising the Limitations 
Section of the Airplane Flight Manual (AFM) to prohibit the positioning 
of the power levers below the flight idle stop, and to provide a 
statement of consequences of positioning the power levers below the 
flight idle stop.

Interim Action

    This is considered interim action until final action is identified, 
at which time the FAA may consider further rulemaking.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

    The FAA has determined that air safety and the public interest 
require the adoption of the rule as proposed.

Cost Impact

    There are approximately 18 Lockheed Model 382 series airplanes of 
the affected design in the worldwide fleet. The FAA estimates that 18 
airplanes of U.S. registry will be affected by this AD, that it will 
take approximately 1 work hour per airplane to accomplish the required 
actions, and that the average labor rate is $60 per work hour. Based on 
these figures, the cost impact of the AD on U.S. operators is estimated 
to be $1,080, or $60 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the requirements of this AD 
action, and that no operator would accomplish those actions in the 
future if this AD were not adopted.

Regulatory Impact

    The regulations adopted herein will 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 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 final evaluation has been prepared for this action 
and it is contained in the rules docket. A copy of it may be obtained 
from 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 U.S.C. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

97-21-13 Lockheed Aeronautical Systems Company: Amendment 39-10166. 
Docket 97-NM-08-AD.

    Applicability: All Model 382 series airplanes, 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

[[Page 54379]]

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 (b) 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 as indicated, unless accomplished 
previously.
    To prevent loss of airplane controllability, or engine overspeed 
with consequent loss of engine power caused by the power levers 
being positioned below the flight idle stop while the airplane is in 
flight, accomplish the following:
    (a) Within 30 days after the effective date of this AD, revise 
the Limitations Section of the FAA-approved Airplane Flight Manual 
(AFM) to include the following statements. This may be accomplished 
by inserting a copy of this AD or Lockheed AFM 382/E/G, Revision 24, 
dated November 15, 1996, into the AFM.
    Positioning of power levers below the flight idle stop while the 
airplane is in-flight is prohibited. Such positioning may lead to 
loss of airplane control or may result in an overspeed condition and 
consequent loss of engine power.
    (b) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Atlanta Aircraft Certification 
Office (ACO), FAA, Small Airplane Directorate. Operators shall 
submit their requests through an appropriate FAA Principal 
Operations Inspector, who may add comments and then send it to the 
Manager, Atlanta ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Atlanta ACO.

    (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 airplane to a location where 
the requirements of this AD can be accomplished.
    (d) Except as provided by paragraph (a) of this AD, the AFM 
revision shall be done in accordance with Lockheed Airplane Flight 
Manual (AFM) 382/E/G, Revision 24, dated November 15, 1996, which 
contains the following list of effective pages:

------------------------------------------------------------------------
                                                               Revision 
                          Page No.                           level shown
                                                               on page  
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Log of Revisions...........................................           24
Page viE/(viF Blank)                                                    
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    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 Lockheed Aeronautical Systems 
Support Company (LASSC), Field Support Department, Dept. 693, Zone 
0755, 2251 Lake Park Drive, Smyrna, Georgia 30080. Copies may be 
inspected at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
    (e) This amendment becomes effective on November 24, 1997.

    Issued in Renton, Washington, on October 10, 1997.
James V. Devany,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-27579 Filed 10-17-97; 8:45 am]
BILLING CODE 4910-13-U