56058 Federal Register / Vol. 62, No. 209 / Wednesday, October 29, 1997 / Rules and Regulations

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 failure of the anchor point

fasteners on the seat restraining system,

which could result in release of the seat

restraint and consequent injury to

passengers, accomplish the following:

(a) Within 60 days after April 18, 1997 (the

effective date of AD 97–06–07, amendment

39–9964), replace each anchor point fastener

on the restraining system of each seat with

a fastener of improved design, in accordance

with Dornier Service Bulletin SB–328–25–

114, dated July 10, 1995, or Revision 1, dated

April 17, 1997.

Note 2: The referenced Dornier service

bulletin refers to Burns Aerospace

Corporation Service Bulletin 25–20–989,

Revision B, dated June 14, 1995, or Revision

D, dated August 25, 1995, as an additional

source of service information for identifying

the affected seats and replacing the anchor

point fasteners on their restraining systems.

(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,

Standardization Branch, ANM–113, FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Standardization

Branch, ANM–113.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(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) The replacement shall be done in

accordance with Dornier Service Bulletin

SB–328–25–114, dated July 10, 1995, or

Dornier Service Bulletin SB–328–25–114,

Revision 1, dated April 17, 1997.

(1) The incorporation by reference of

Dornier Service Bulletin SB–328–25–114,

Revision 1, dated April 17, 1997, is approved

by the Director of the Federal Register in

accordance with 5 U.S.C. 552(a) and 1 CFR

part 51.

(2) The incorporation by reference of

Dornier Service Bulletin SB–328–25–114,

dated July 10, 1995, was approved previously

by the Director of the Federal Register as of

April 18, 1997 (62 FR 12081, March 14,

1997).

(3) Copies may be obtained from Dornier

Luftfahrt GmbH, P.O. Box 1103, D–82230

Wessling, Germany. 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.

Note 4: The subject of this AD is addressed

in German airworthiness directive 95–240/2,

dated August 10, 1995.

(e) This amendment becomes effective on

November 13, 1997.

Issued in Renton, Washington, on October

21, 1997.

James V. Devany,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–28573 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–24–AD; Amendment 39–

10182; AD 97–22–10]

RIN 2120–AA64

Airworthiness Directives; Partenavia

Costruzioni Aeronauticas, S.p.A.

Models AP68TP 300 ‘‘Spartacus’’ and

AP68TP 600 ‘‘Viator’’ Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to all Partenavia Costruzioni

Aeronauticas, S.p.A. (Partenavia)

Models AP68TP 300 ‘‘Spartacus’’ and

AP68TP 600 ‘‘Viator’’ airplanes. This

AD requires amending the Limitations

Section of the airplane flight manual

(AFM) 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: Information related to this

AD may be examined at the Federal

Aviation Administration (FAA), Central

Region, Office of the Regional Counsel,

Attention: Rules Docket 97–CE–24–AD,

Room 1558, 601 E. 12th Street, Kansas

City, Missouri 64106.

FOR FURTHER INFORMATION CONTACT: J.

Mike Kiesov, Aerospace Engineer, Small

Airplane Directorate, FAA, 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 all Partenavia Models AP68TP

300 ‘‘Spartacus’’ and AP68TP 600

‘‘Viator’’ airplanes was published in the

Federal Register as a notice of proposed

rulemaking (NPRM) on July 2, 1997 (62

FR 35702).

The NPRM proposed to require

amending the Limitations Section of the

AFM 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. This AFM

amendment shall consist of the

following language:

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.

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
Federal Register / Vol. 62, No. 209 / Wednesday, October 29, 1997 / Rules and Regulations 56059

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 5 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 §§ 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.

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 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:

97–22–10 Partenavia Costruzioni

Aeronauticas, S.P.A: Amendment 39–

10182; Docket No. 97–CE–24–AD.

Applicability: Models AP68TP 300

‘‘Spartacus’’ and AP68TP 600 ‘‘Viator’’

airplanes, all serial numbers, 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

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 (e) 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) by inserting the

following language:

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) This action may be accomplished by

incorporating a copy of this AD into the

Limitations Section of the AFM.

(c) Amending the AFM, 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).

(d) 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.

(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 (39–10182) 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. 97–28574 Filed 10–28–97; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–23–AD; Amendment 39–

10181; AD 97–22–09]

RIN 2120–AA64

Airworthiness Directives; Dornier

Luftfahrt GMBH Models 228–100, 228–

101, 228–200, 228–201, 228–202, and

228–212 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to all Dornier Luftfahrt GMBH

(Dornier) Models 228–100, 228–101,

228–200, 228–201, 228–202, and 228–

212 airplanes. This AD requires

amending the Limitations Section of the

Dornier 228 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 POH

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