Federal Register / Vol. 62, No. 219 / Thursday, November 13, 1997 / Rules and Regulations 60775

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

97–21–16 Dassault Aviation: Amendment

39–10202. Docket 97–NM–275–AD.

Applicability: Model Mystere-Falcon 50

series airplanes, serial numbers 251, 253, and

subsequent, equipped with Allied-Signal

TFE–731–40 engines; 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 in-flight shutdown of the

engine(s) due to the flightcrew using

erroneous N1 speed values displayed on the

Engine Indication Electronic Display (EIED),

accomplish the following:

(a) Within 1 day after the effective date of

this AD, revise the Limitations Section of the

FAA-approved Airplane Flight Manual

(AFM) to add the following. This may be

accomplished by inserting a copy of this AD

in the AFM.

‘‘Operation in Icing Conditions: The N1

speed of the operating engines must not be

less than the minimum values specified in

Normal Section 4, Sub-section 140, Page 2, of

the AFM.’’

(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,

International Branch, ANM–116, Transport

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,

International Branch, ANM–116.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

(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.

Note 3: The subject of this AD is addressed

in French telegraphic airworthiness directive

No. T 97–310–019 (B), dated October 10,

1997.

(d) This amendment becomes effective on

November 18, 1997, to all persons except

those persons to whom it was made

immediately effective by emergency AD 97–

21–16, issued October 14, 1997, which

contained the requirements of this

amendment.

Issued in Renton, Washington, on

November 5, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–29789 Filed 11–12–97; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–35–AD; Amendment

39–10204; AD 97–23–15]

RIN 2120–AA64

Airworthiness Directives; Fairchild

Model F–27 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to all Fairchild Model F–27

series airplanes, that requires revising

the Airplane Flight Manual (AFM) to

prohibit positioning power levers below

the flight idle stop during flight, and to

provide a statement of the consequences

of positioning the power levers below

the flight idle stop during flight. 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 while 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,

New York Aircraft Certification Office,

Engine and Propeller Directorate, 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, New York Aircraft

Certification Office, Engine and

Propeller Directorate, 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

F–27 series airplanes was published in

the Federal Register on April 24, 1997

(62 FR 19948). 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 provide 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

comments received.

Conditional Support for the Proposal

One 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.

Request To Withdraw the Proposal

One commenter, an operator, requests

that the proposed rule be withdrawn for

the following reasons. One, the

commenter points out that the Fairchild

Model F–27 series airplane has been

type certificated for more than 35 years

and has flown millions of flight hours

without a single report of an intentional

or inadvertent ground fine pitch (GFP)

selection in flight. Two, the

commenter’s research of the flight

manuals revealed that there is no

normal or abnormal operational

condition that would result in GFP

selection being made in flight.

Therefore, the commenter considers the

unsafe condition to be a ‘‘perceived’’

problem. Three, the commenter states

that, because the Model F–27 series

airplane is equipped with a Rolls-Royce

Dart engine that requires a positive

torque pressure on approach, the power

lever must be positioned beyond flight
60776 Federal Register / Vol. 62, No. 219 / Thursday, November 13, 1997 / Rules and Regulations

idle with the propeller in a

corresponding position above the flight

fine lock to maintain a positive torque

pressure. Therefore, the commenter

concludes that the system design is

adequate and that an unsafe condition

does not exist. Four, the commenter

considers that the proposed rule would

cause a ‘‘great economic burden’’ to the

owners and operators. Five, the

commenter states that the FAA did not

specify that the ‘‘perceived’’ unsafe

condition does affect airplanes built in

accordance with the requirements of

part 4B of the Civil Air Regulations

(CAR).

The FAA does not concur with the

commenter’s request to withdraw the

proposed rule. As explained in the

proposed rule, the accident/incident

history of several airplanes involving

intentional or inadvertent operation of

the propellers in the beta range

indicates that an unsafe condition does

exist on airplanes equipped with

turboprop engines. The FAA considers

that revision of the AFM, as required in

the final rule, will ensure that pilots are

reminded that positioning of power

levers below the flight idle stop while

the airplane is in flight is prohibited.

The FAA further considers this to be a

minimum action to ensure that pilots do

not carry certain flight habits from an

airplane design that mitigates the effects

of beta inflight over to a design that does

not.

However, the FAA notes that the

commenter addresses GFP rather than

operations below the flight idle stop,

although the operations manual refers to

both. To clarify the usage of those terms,

the FAA has added the phrase ‘‘(i.e.,

including ground fine pitch)’’ as a

parenthetical definition of ‘‘below the

flight idle stop’’ in paragraph (a) of the

final rule.

In addition, since operators may

simply insert a copy of the AD into the

AFM in order to comply with the

requirements of this rule, the FAA

cannot consider that action to be a

‘‘great economic burden.’’

Finally, the FAA did not specify that

the AD was also applicable to airplanes

that had been type certificated in

accordance with the requirements of

part 4b of the CAR since, by definition,

the applicability of this AD specifically

states that the AD applies to all

airplanes.

Conclusion

After careful review of the available

data, including the comments 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

There are approximately 70 Fairchild

Model F–27 series airplanes of the

affected design in the worldwide fleet.

The FAA estimates that 7 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

$420, 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, 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:

97–23–15 Maryland Air Industries:

Amendment 39–10204. Docket 97–NM–

35–AD.

Applicability: All Fairchild Model F–27

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 Principal 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
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