56064 Federal Register / Vol. 62, No. 209 / Wednesday, October 29, 1997 / Rules and Regulations

(e) 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 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Small Airplane

Directorate.

(f) Information related to this AD may be

examined at the FAA, Central Region, Office

of the Regional Counsel, Room 1558, 601 E.

12th Street, Kansas City, Missouri 64106.

(g) This amendment (39–10184) becomes

effective on December 5, 1997.

Issued in Kansas City, Missouri, on

October 21, 1997.

Mary Ellen A. Schutt,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 97–28577 Filed 10–28–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–18–AD; Amendment 39–

10180; AD 97–22–08]

RIN 2120–AA64

Airworthiness Directives; Pilatus

Aircraft LTD Models PC–6/B1–H2, PC–

6/B2–H2, PC–6/B2–H4, and PC–12

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to certain Pilatus Aircraft LTD

(Pilatus) Models PC–6/B1–H2, PC–6/

B2–H2, PC–6/B2–H4 airplanes and all

Pilatus Model PC–12 airplanes. This AD

requires amending the Limitations

Section of either the airplane flight

manual (AFM) or the pilot’s operating

handbook (POH) to prohibit the

positioning of the power levers below

the flight idle stop while the airplane is

in flight. This AFM amendment will

include a statement of consequences if

the limitation is not followed. This AD

results from numerous incidents and

five documented accidents involving

airplanes equipped with turboprop

engines where the propeller beta was

improperly utilized during flight. The

actions specified by this AD are

intended to prevent loss of airplane

control 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.

EFFECTIVE DATE: December 5, 1997.

ADDRESSES: The AFM revisions

referenced in this AD may be obtained

from Pilatus Aircraft Ltd., CH–6370

Stans, Switzerland. This information

may also be examined at the Federal

Aviation Administration (FAA), Central

Region, Office of the Regional Counsel,

Attention: Rules Docket 97–CE–18–AD,

Room 1558, 601 E. 12th Street, Kansas

City, Missouri 64106.

FOR FURTHER INFORMATION CONTACT: J.

Mike Kiesov, Aerospace Engineer, FAA,

Small Airplane Directorate, 1201

Walnut, suite 900, Kansas City, Missouri

64106; telephone (816) 426–6934;

facsimile (816) 426–2169.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This

AD

A proposal to amend part 39 of the

Federal Aviation Regulations (14 CFR

part 39) to include an AD that would

apply to Pilatus Models PC–6/B1–H2,

PC–6/B2–H2, PC–6/B2–H4 airplanes

and PC–12 series airplanes was

published in the Federal Register as a

notice of proposed rulemaking (NPRM)

on July 2, 1997 (62 FR 35700). The

NPRM proposed to require amending

the Limitations Section of the AFM or

POH to prohibit the positioning of the

power levers below the flight idle stop

while the airplane is in flight, including

a statement of consequences if the

limitation is not followed. Amending

the AFM or POH would be

accomplished by inserting one of the

following, as applicable:

—Temporary Revision To Pilatus/PC–6

B1 and B2 Series Airplanes Flight

Manuals; Section 1; Certificate

Limitations; Issued: November 29,

1996; and

—Temporary Revision To PC–12 Pilot’s

Operating Handbook; Pilatus Report

No. 01973–001, dated November 20,

1996.

The NPRM is the result of numerous

incidents and five documented

accidents involving airplanes equipped

with turboprop engines where the

propeller beta was improperly utilized

during flight.

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.

The FAA’s Determination

After careful review of all available

information related to the subject

presented above, the FAA has

determined that air safety and the

public interest require the adoption of

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.

Compliance Time of This AD

The FAA has determined that the

compliance time of this AD should be

specified in calendar time instead of

hours time-in-service. While the

condition addressed by this AD is

unsafe while the airplane is in flight, the

condition is not a result of repetitive

airplane operation; the potential of the

unsafe condition occurring is the same

on the first flight as it is for subsequent

flights. The compliance time of ‘‘30 days

after the effective date of this AD’’ will

not inadvertently ground airplanes and

would assure that all owners/operators

of the affected airplanes accomplish this

AD in a reasonable time period.

Cost Impact

The FAA estimates that 72 airplanes

in the U.S. registry will be affected by

this AD, that it will take approximately

1 workhour per airplane to incorporate

the required AFM amendment, and that

the average labor rate is approximately

$60 an hour. Since an owner/operator

who holds at least a private pilot’s

certificate as authorized by sections 43.7

and 43.11 of the Federal Aviation

Regulations (14 CFR 43.7 and 43.11) can

accomplish this AD, the only cost

impact upon the public is the time it

will take the affected airplane owner/

operators to amend the AFM or POH.

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)
Federal Register / Vol. 62, No. 209 / Wednesday, October 29, 1997 / Rules and Regulations 56065

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, 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), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding a new airworthiness directive

(AD) to read as follows:

97–22–08 Pilatus Aircraft, Ltd.:

Amendment 39–10180; Docket No. 97–

CE–18–AD.

Applicability: The following model and

serial number airplanes, certificated in any

category:

—Model Pilatus Models PC–6/B1–H2, PC–6/

B2–H2, PC–6/B2–H4 airplanes, all serial

numbers, that are equipped with a Pratt

and Whitney PT6A turboprop engine; and

—Model Pilatus PC–12 airplanes, all serial

numbers.

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 (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 30

days after the effective date of this AD, unless

already accomplished.

To prevent loss of airplane control 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) Amend the Limitations Section of the

airplane flight manual (AFM) or pilot’s

operating handbook (POH) by inserting the

following revisions, as applicable:

(1) Temporary Revision To Pilatus/PC–6

B1 and B2 Series Airplanes Flight Manuals;

Section 1; Certificate Limitations; Issued:

November 29, 1996; or

(2) Temporary Revision To PC–12 Pilot’s

Operating Handbook; Pilatus Report No.

01973–001, dated November 20, 1996.

(b) Amending the AFM or POH, as required

by this AD, may be performed by the owner/

operator holding at least a private pilot

certificate as authorized by section 43.7 of

the Federal Aviation Regulations (14 CFR

43.7), and must be entered into the aircraft

records showing compliance with this AD in

accordance with section 43.11 of the Federal

Aviation Regulations (14 CFR 43.11).

(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) 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 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 AFM or POH revisions referenced

in this AD may be obtained from Pilatus

Aircraft Ltd., CH–6370 Stans, Switzerland.

Information related to this AD may be

examined at the FAA, Central Region, Office

of the Regional Counsel, Room 1558, 601 E.

12th Street, Kansas City, Missouri 64106.

(f) This amendment (39–10180) becomes

effective on December 5, 1997.

Issued in Kansas City, Missouri, on

October 21, 1997.

Mary Ellen A. Schutt,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 97–28578 Filed 10–28–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97–AGL–29]

Modification of Class E Airspace;

Delaware, OH

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action modifies Class E

airspace at Delaware, OH. A Global

Positioning System (GPS) Standard

Instrument Approach Procedure (SIAP)

to Runway 10 and a GPS SIAP to

Runway 28 have been developed for

Delaware Municipal Airport. Controlled

airspace extending upward from 700 to

1200 feet above ground level (AGL) is

needed to contain aircraft executing the

approaches. This action increases the

radius of the existing controlled

airspace for the airport.

EFFECTIVE DATE: 0901 UTC, January 1,

1998.

FOR FURTHER INFORMATION CONTACT:

Michelle M. Behm, Air Traffic Division,

Airspace Branch, AGL–520, Federal

Aviation Administration, 2300 East

Devon Avenue, Des Plaines, Illinois

60018, telephone (847) 294–7568.

SUPPLEMENTARY INFORMATION:

History

On Friday, July 25, 1997, the FAA

proposed to amend part 71 of the

Federal Aviation Regulations (14 CFR

part 71) to modify Class E airspace for

Delaware, OH (62 FR 39982). The

proposal was to add controlled airspace

extending upward from 700 to 1200 feet

AGL to contain Instrument Flight Rules

(IFR) operations in controlled airspace

during portions of the terminal

operation and while transiting between

the enroute and terminal environments.

Interested parties were invited to

participate in this rulemaking

proceeding by submitting written

comments on the proposal to the FAA.

No comments objecting to the proposal

were received. Class E airspace

designations for airspace areas

extending upward from 700 feet or more

above the surface of the earth are

published in paragraph 6005 of FAA

Order 7400.9E dated September 10,

1997, and effective September 16, 1997,

which is incorporated by reference in 14

CFR 71.1. The Class E airspace

designation listed in this document will

be published subsequently in the Order.

The Rule

This amendment to part 71 of the

Federal Aviation Regulations (14 CFR

part 71) modifies Class E airspace at

Delaware, OH, to accommodate aircraft

executing the GPS Runway 10 SIAP and

the GPS Runway 28 SIAP at Delaware

Municipal Airport by increasing the

radius of the existing controlled

airspace for the airport. Controlled

airspace extending upward from 700 to

1200 feet AGL is needed to contain

aircraft executing the approaches. The

area will be depicted on appropriate

aeronautical charts.