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
56060 Federal Register / Vol. 62, No. 209 / Wednesday, October 29, 1997 / Rules and Regulations

below the flight idle stop while the

airplane is in flight.

EFFECTIVE DATE: December 5, 1997.

ADDRESSES: The POH revisions

referenced in this document may be

received from Dornier Luftfahrt GmbH,

Postfach/P.O. Box 1103, D–82230

Wessling, Federal Republic of Germany;

telephone: (0 81 53) 300; facsimile: (0 81

53) 30 29 01. 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–23–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 Dornier Models 228–100,

228–101, 228–200, 228–201, 228–202,

and 228–212 airplanes was published in

the Federal Register as a notice of

proposed rulemaking (NPRM) on July 2,

1997 (62 FR 35706).

The NPRM proposed to require

amending the Limitations Section of the

Dornier 228 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. This POH amendment shall

consist of the following language:

Power levers selection below the flight idle

(FI) gate is prohibited during flight.

Movement of any power lever below the FI

gate during flight could lead to loss of

airplane control from which recovery may

not be possible.

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.

Actions Since Issuance of the NPRM

In the NPRM, the FAA included a

provision to include in the final rule

any POH revisions that the

manufacturer completed and were

approved by the FAA before issuance of

the final rule. Dornier has issued

Temporary Revision No. 014, dated

September 30, 1996, and the FAA has

approved it. The FAA will incorporate

this POH revision into the final rule.

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 12 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 POH 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 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)

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:

97–22–09 Dornier Luftfahrt GMBH:

Amendment 39–10181; Docket No. 97–

CE–23–AD.

Applicability: Models 228–100, 228–101,

228–200, 228–201, 228–202, and 228–212

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
Federal Register / Vol. 62, No. 209 / Wednesday, October 29, 1997 / Rules and Regulations 56061

while the airplane is in flight, accomplish the

following:

(a) Accomplish one of the following:

(1) Insert the following language into the

Limitations section of the Dornier 228 Pilot’s

Operating Handbook (POH):

‘‘Power levers selection below the flight

idle (FI) gate is prohibited during flight.

Movement of any power lever below the FI

gate during flight could lead to loss of

airplane control from which recovery may

not be possible.’’; or

(2) Insert Dornier Temporary Revision No.

014, page 1, dated September 30, 1996, into

the Limitations section of the Dornier 228

POH.

(b) This action may be accomplished by

incorporating a copy of this AD into the

Limitations Section of the Dornier 228 POH.

(c) Amending the 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).

(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) The POH revisions referenced in this

document may be received from Dornier

Luftfahrt GmbH, Postfach/P.O. Box 1103, D–

82230 Wessling, Federal Republic of

Germany. 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 (39–10181) 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. 97–28575 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–25–AD; Amendment 39–

10183; AD 97–22–11]

RIN 2120–AA64

Airworthiness Directives; Industrie

Aeronautiche e Meccaniche Rinaldo

Piaggio S.p.A. Model P–180 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to all Industrie Aeronautiche e

Meccaniche Rinaldo Piaggio S.p.A.

(Piaggio) Model P–180 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–25–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 Piaggio Model P–180

airplanes was published in the Federal

Register as a notice of proposed

rulemaking (NPRM) on July 2, 1997 (62

FR 35698).

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

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 4 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