Federal Register / Vol. 62, No. 219 / Thursday, November 13, 1997 / Rules and Regulations 60777

compliance with this AD, if any, may be

obtained from the New York 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) This amendment becomes effective on

December 18, 1997.

Issued in Renton, Washington, on

November 6, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–29824 Filed 11–12–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–34–AD; Amendment

39–10203; AD 97–23–14]

RIN 2120–AA64

Airworthiness Directives; Fairchild

Model FH–227 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to all Fairchild Model FH–

227 series airplanes, that requires

revising the Airplane Flight Manual

(AFM) to prohibit positioning of the

power levers below the flight idle stop

during flight, and to add a statement of

the consequences of such positioning of

the power levers. This amendment is

prompted by incidents and accidents

involving airplanes equipped with

turboprop engines in which the

propeller ground beta range 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 when the airplane is in

flight.

EFFECTIVE DATE: December 18, 1997.

ADDRESSES: Information pertaining to

this rulemaking action may be examined

at the Federal Aviation Administration

(FAA), Transport Airplane Directorate,

Rules Docket, 1601 Lind Avenue, SW.,

Renton, Washington; or at the FAA,

Engine and Propeller Directorate, New

York Aircraft Certification Office, 10

Fifth Street, Third Floor, Valley Stream,

New York.

FOR FURTHER INFORMATION CONTACT:

Peter LeVoci, Aerospace Engineer,

Systems and Flight Test Branch, ANE–

172, FAA, Engine and Propeller

Directorate, New York Aircraft

Certification Office, 10 Fifth Street,

Third Floor, Valley Stream, New York

11581; telephone (516) 256–7514; fax

(516) 568–2716.

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 Fairchild Model

FH–227 series airplanes was published

in the Federal Register on April 24,

1997 (62 FR 19951). That action

proposed to require revising the

Limitations Section of the Airplane

Flight Manual (AFM) to prohibit

positioning the power levers below the

flight idle stop while the airplane is in

flight, and to add a statement of the

consequences of positioning the power

levers below the flight idle stop while

the airplane is in flight.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

single comment received.

Conditional Support for the Proposal

The commenter supports the intent of

the proposed rule, but remarks that, if

an inherent design problem exists on

the affected airplanes to allow

flightcrews to select the power levers

below the flight idle stop while in flight,

the FAA should consider the addition of

a mechanical means to preclude such

selection. The FAA acknowledges the

commenter’s concern, and may consider

additional rulemaking to address that

concern in the future on certain

airplanes. However, until such final

action is identified, the FAA considers

it appropriate to proceed with issuance

of this AD. No change to the AD is

required.

Clarification of the Rule

Since the issuance of the NPRM, the

FAA has noted that operations manuals

for certain airplanes equipped with Dart

turboprop engines may contain

reference to ‘‘ground fine pitch’’ rather

than ‘‘operations below the flight idle

stop,’’ as specified in the proposed rule.

Although the operations manuals refer

to both of those phrases, the FAA finds

that some clarification is necessary.

Therefore, the FAA has added the

phrase ‘‘(i.e., including ground fine

pitch)’’ in paragraph (a) of the final rule

as a parenthetical definition of

‘‘operations below the flight idle stop’’

in the final rule.

Conclusion

After careful review of the available

data, including the comment noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule with the change

previously described. The FAA has

determined that this change will neither

increase the economic burden on any

operator nor increase the scope of the

AD.

Interim Action

This is considered interim action

until final action is identified, at which

time the FAA may consider further

rulemaking.

Cost Impact

The FAA estimates that there are

approximately 45 Fairchild Model FH–

227 series airplanes of the affected

design in the worldwide fleet. The FAA

estimates that 1 airplane 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 the

single U.S. operator is estimated to be

$60.

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the proposed 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
60778 Federal Register / Vol. 62, No. 219 / Thursday, November 13, 1997 / Rules and Regulations

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 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

97–23–14 Maryland Air Industries:

Amendment 39–10203. Docket 97–NM–

34–AD.

Applicability: All Fairchild Model FH–227

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

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 and 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 action may be accomplished by

inserting a copy of this AD into the AFM.

‘‘Positioning of power levers below the

flight idle stop (i.e., including ground fine

pitch) 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, New York

Aircraft Certification Office (ACO), FAA,

Engine and Propeller Directorate.

Operators shall submit their requests

through an appropriate FAA Maintenance

Operations Inspector, who may add

comments and then send it to the Manager,

New York ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the New York 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) This amendment becomes effective on

December 18, 1997.

Issued in Renton, Washington, on

November 6, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–29825 Filed 11–12–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. 97–ACE–17]

Amendment to Class E Airspace,

Jefferson City, MO

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule; request for

comments.

SUMMARY: This action amends the Class

E airspace area at Jefferson City

Municipal Airport, Jefferson City, MO.

The FAA has developed a

Nondirectional Radio Beacon (NDB)

Runway (RWY) 30 Standard Instrument

Approach Procedure (SIAP) to serve the

Jefferson City Municipal Airport.

Additional controlled airspace

extending upward from 700 feet Above

Ground Level (AGL) is needed to

accommodate this SIAP and for

Instrument Flight Rules (IFR) operations

at this airport. A review of the airspace

required for instrument approaches at

Jefferson City Memorial Airport

indicates that the surface airspace area

extension to the southeast can be

removed. The enlarged area will contain

the new NDB RWY 30 SIAP in

controlled airspace.

DATES: Effective date: 0901 UTC April

23, 1998.

Comment date: Comments must be

received on or before January 15, 1998.

ADDRESSES: Send comments regarding

the rule in triplicate to: Manager,

Airspace Branch, Air Traffic Division,

ACE–520, Federal Aviation

Administration, Docket Number 97–

ACE–17, 601 East 12th Street, Kansas

City, MO 64106.

The official docket may be examined

in the Office of the Regional Counsel for

the Central Region at the same address

between 9:00 a.m. and 3:00 p.m.,

Monday through Friday, except Federal

holidays.

An informal docket may also be

examined during normal business hours

in the Air Traffic Division at the same

address listed above.

FOR FURTHER INFORMATION CONTACT:

Kathy Randolph, Air Traffic Division,

Airspace Branch, ACE–520C, Federal

Aviation Administration, 601 East 12th

Street, Kansas City, Missouri 64106;

telephone: (816) 426–3408.

SUPPLEMENTARY INFORMATION: The FAA

has developed a RWY 30 SIAP utilizing

the NDB at Jefferson City, MO. The

amendment to Class E airspace at

Jefferson City, MO, will provide

additional controlled airspace at and

above 700 feet AGL to contain the SIAP

within controlled airspace. A review of

the airspace required for instrument

approaches at Jefferson City Memorial

Airport indicates that the Class E

surface area extension to the southeast

can be removed. The areas will be

depicted on appropriate aeronautical

charts. Class E surface area extensions

are published in paragraph 6004, and

areas extending 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 Direct Final Rule Procedure

The FAA anticipates that this

regulation will not result in adverse or

negative comment and, therefore, is

issuing it as a direct final rule. Previous

actions of this nature have not been

controversial and have not resulted in

adverse comments or objections. The

amendment will enhance safety for all

flight operations by designating an area

where VFR pilots may anticipate the

presence of IFR aircraft at lower

altitudes, especially during inclement

weather conditions. A greater degree of

safety is achieved by depicting the area

on aeronautical charts. Unless a written

adverse or negative comment, or a

written notice of intent to submit an

adverse or negative comment is received

within the comment period, the

regulation will become effective on the