Federal Register / Vol. 62, No. 219 / Thursday, November 13, 1997 / Rules and Regulations 60773

the rule that might suggest a need to

modify the rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 97–CE–89–AD.’’ The

postcard will be date stamped and

returned to the commenter.

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, Incorporation by Reference,

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 a new airworthiness directive

(AD) to read as follows:

97–23–08 Avions Pierre Robin:

Amendment 39–10196; Docket No. 97–

CE–89–AD.

Applicability: Model R3000 airplanes; all

serial numbers; certificated in any category,

that are equipped with yaw damper

Modification No. 013.

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 prior to further

flight after the effective date of this AD,

unless already accomplished.

To prevent the rudder control from

becoming jammed because of the yaw

damper control cables slipping out of the

groove on the tension adjustment screw,

which could result in a reduction in the

directional controllability of the airplane,

accomplish the following:

(a) Inspect the bridle cable ends for correct

installation in the grooved screw and inspect

for correct cable winding on the capstan and

correct cable tension in accordance with

Avions Pierre Robin Service Bulletin No.

152, dated September 30, 1996. Prior to

further flight, correct any discrepancies in

accordance with this service bulletin.

(b) Install lockwire to the tension

adjustment screw in accordance with Avions

Pierre Robin Service Bulletin No. 152, dated

September 30, 1996.

(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

should 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 inspections and installation

required by this AD shall be done in

accordance with Avions Pierre Robin Service

Bulletin No. 152, dated September 30, 1996.

This incorporation by reference was

approved by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51. Copies may be obtained

from Avions Pierre Robin, 1, route de Troyes,

21121 Darois-France. Copies may be

inspected at the FAA, Central Region, Office

of the Regional Counsel, Room 1558, 601 E.

12th Street, Kansas City, Missouri, or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

Note 3: The subject of this AD is addressed

in French AD 97–079(A), dated March 12,

1997.

(f) This amendment (39–10196) becomes

effective on December 5, 1997.

Issued in Kansas City, Missouri, on

October 31, 1997.

James E. Jackson,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 97–29535 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–275–AD; Amendment

39–10202; AD 97–21–16]

RIN 2120–AA64

Airworthiness Directives; Dassault

Model Mystere-Falcon 50 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This document publishes in

the Federal Register an amendment

adopting airworthiness directive (AD)

97–21–16 that was sent previously to all

known U.S. owners and operators of

Dassault Model Mystere-Falcon series

airplanes by individual notices. This AD

requires a revision to the Limitations

section of the FAA-approved Airplane

Flight Manual (AFM) to include

procedures to use certain values to

correctly gauge the minimum allowable

N1 speed of the operative engines

during operation in icing conditions.

This action is prompted by a report

indicating that erroneous minimum

anti-icing N1 thrust setting indications

were displayed on the Engine Indication

Electronic Display (EIED). The actions

specified by this AD are intended to

prevent flightcrew use of erroneous N1

thrust setting information displayed on

the EIED, which could result in in-flight

shutdown of engine(s).
60774 Federal Register / Vol. 62, No. 219 / Thursday, November 13, 1997 / Rules and Regulations

DATES: Effective 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.

Comments for inclusion in the Rules

Docket must be received on or before

December 15, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

275–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

FOR FURTHER INFORMATION CONTACT:

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2110;

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: On

October 14, 1997, the FAA issued

emergency AD 97–21–16, which is

applicable to Dassault Model MystereFalcon 50 series airplanes. That action

was prompted by a report indicating

that erroneous minimum anti-icing N1

thrust setting indications were

displayed on the Engine Indication

Electronic Display (EIED). The

erroneous minimum N1 indications do

not correspond with minimums

specified in the Normal Procedures

Section of the FAA-approved Airplane

Flight Manual (AFM) for operations in

icing conditions. This condition, if not

corrected, could result in flightcrew use

of erroneous N1 thrust setting

information displayed on the EIED and

consequent in-flight shutdown of

engine(s).

FAA’s Conclusions

This airplane model is manufactured

in France and is type certificated for

operation in the United States under the

provisions of section 21.29 of the

Federal Aviation Regulations (14 CFR

21.29) and the applicable bilateral

airworthiness agreement. Pursuant to

this bilateral airworthiness agreement,

the DGAC has kept the FAA informed

of the situation described above. The

FAA has examined the findings of the

DGAC, reviewed all available

information, and determined that AD

action is necessary for products of this

type design that are certificated for

operation in the United States.

Explanation of the Requirements of the

Rule

Since the unsafe condition described

is likely to exist or develop on other

airplanes of the same type design

registered in the United States, the FAA

issued emergency AD 97–21–16 to

prevent flightcrew use of erroneous N1

thrust setting information displayed on

the EIED, which could result in in-flight

shutdown of engine(s). The AD requires

revision of the Limitations Section of

the AFM to include procedures to use

values indicated in Normal Section 4,

Sub-section 140, Page 2, of the AFM to

correctly gauge the minimum allowable

N1 speed of the operative engines

during operation in icing conditions.

Interim Action

This AD is considered to be interim

action until final action is identified, at

which time the FAA may consider

additional rulemaking.

Publication and Effectivity of AD

Since it was found that immediate

corrective action was required, notice

and opportunity for prior public

comment thereon were impracticable

and contrary to the public interest, and

good cause existed to make the AD

effective immediately by individual

notices issued on October 14, 1997, to

all known U.S. owners and operators of

Dassault Model Mystere-Falcon series

airplanes. These conditions still exist,

and the AD is hereby published in the

Federal Register as an amendment to

section 39.13 of the Federal Aviation

Regulations (14 CFR 39.13) to make it

effective as to all persons.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting flight safety and, thus, was not

preceded by notice and an opportunity

for public comment, comments are

invited on this rule. Interested persons

are invited to comment on this rule by

submitting such written data, views, or

arguments as they may desire.

Communications shall identify the

Rules Docket number and be submitted

in triplicate to the address specified

under the caption ADDRESSES. All

communications received on or before

the closing date for comments will be

considered, and this rule may be

amended in light of the comments

received. Factual information that

supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 97–NM–275–AD.’’ The

postcard will be date stamped and

returned to the commenter.

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.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and that it is not a ‘‘significant

regulatory action’’ under Executive

Order 12866. It has been determined

further that this action involves an

emergency regulation under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979). If it is

determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket. A copy

of it, if filed, 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.
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