Federal Register / Vol. 62, No. 236 / Tuesday, December 9, 1997 / Proposed Rules 64785

Explanation of the Requirements of the

Proposed AD

Since an unsafe condition has been

identified that is likely to exist or

develop on other Dornier Model 328–

100 series airplanes of the same type

design, the proposed AD would require

revising the Limitations Section of the

AFM to modify the limitation that

prohibits the positioning of 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.

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 60 Dornier

Model 328–100 series airplane of U.S.

registry would be affected by this

proposed AD, that it would take

approximately 1 work hour per airplane

to accomplish the proposed actions, and

that the average labor rate is $60 per

work hour. Based on these figures, the

cost impact of the proposed AD on U.S.

operators is estimated to be $3,600, or

$60 per airplane.

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 proposed herein

would 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

proposal would not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

For the reasons discussed above, I

certify that this proposed regulation (1)

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under the DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3) if

promulgated, 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 draft

regulatory 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.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend 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:

Dornier: Docket 97–NM–62–AD.

Applicability: All Model 328–100 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.

‘‘Power levers selection below Flight Idle

(FI) gate is prohibited during flight.

WARNING: Movement of any power lever

behind the flight idle (FI) gate during flight

could lead to loss of airplane control from

which recovery may not be possible.’’

(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,

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 2: 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.

Issued in Renton, Washington, on

December 2, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–32119 Filed 12–8–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–SW–21–AD]

Airworthiness Directives; Eurocopter

France Model SA 365N, N1 and AS

365N2 Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

Eurocopter France (Eurocopter) Model

SA–365N, N1 and AS–365N2

helicopters. This proposal would

require inspections of the main gearbox

suspension diagonal cross-member

(diagonal cross-member) for cracks, and

removal of the diagonal cross-member

and replacement with an airworthy

diagonal cross-member if any crack is

found. This proposal is prompted by

several reports of the discovery of cracks

in diagonal cross-members. The actions

specified by the proposed AD are

intended to prevent failure of the

diagonal cross-member which could

cause the main gearbox to pivot,

resulting in severe vibrations and a

subsequent forced landing.

DATES: Comments must be received by

February 9, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Office of the

Regional Counsel, Southwest Region,
64786 Federal Register / Vol. 62, No. 236 / Tuesday, December 9, 1997 / Proposed Rules

Attention: Rules Docket No. 97–SW–21–

AD, 2601 Meacham Blvd., Room 663,

Fort Worth, Texas 76137. Comments

may be inspected at this location

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

Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT:

Mr. Mike Mathias, Aerospace Engineer,

FAA, Rotorcraft Directorate, Rotorcraft

Standards Staff, 2601 Meacham Blvd.,

Fort Worth, Texas 76137, telephone

(817) 222–5123, (817) 222–5961.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications

should identify the Rules Docket

number and be submitted in triplicate to

the address specified above. All

communications received on or before

the closing date for comments, specified

above, will be considered before taking

action on the proposed rule. The

proposals contained in this notice may

be changed in light of the comments

received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed 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

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made. ‘‘Comments to

Docket No. 97–SW–21–AD. The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Office of the Regional Counsel,

Southwest Region, Attention: Rules

Docket No. 97–SW–21–AD, 2601

Meacham Blvd., Room 663, Fort Worth,

Texas 76137.

Discussion

The Direction Generale De L’Aviation

Civile (DGAC), which is the

airworthiness authority for France,

recently notified the FAA that an unsafe

condition may exist on Model SA–

365N, N1 and AS–365N2 helicopters.

The DGAC advises that a crack has been

discovered in a diagonal cross-member

of an affected helicopter.

Eurocopter has issued Eurocopter

France Telex Service No. 05.00.37,

dated February 20, 1997, which

specifies checks (inspections) of the

diagonal cross-member, part number (P/

N) 365A38–3023–20, –21, –22, –23, or

–24, for cracks using a flexible

borescope with a 90° angle, or a video

assembly with optical fiber

illumination, or any other appropriate

device that makes it possible to visually

inspect the center area of the

component; and replacement of the

diagonal cross-member before further

flight if a crack is detected. Modifying

the affected model helicopters in

accordance with MOD 0763B80 by

installing a diagonal cross-member, P/N

356A38–3062–20, constitutes a

terminating action for the requirements

of this AD. The DGAC classified this

service telex as mandatory and issued

AD 97–093–041(AB)R1, dated July 30,

1997, in order to assure the continued

airworthiness of these helicopters in

France.

This helicopter 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.

Since an unsafe condition has been

identified that is likely to exist or

develop on other Model SA–365N N1

and AS–365N2 helicopters of the same

type design registered in the United

States, the proposed AD would require

inspections of the diagonal crossmember for cracks, and replacement

with an airworthy diagonal crossmember if any crack is found.

The FAA estimates that 47 helicopters

of U.S. registry would be affected by this

proposed AD, that it would take

approximately one work hour per

helicopter to inspect the diagonal crossmember and 10 work hours per

helicopter to replace the diagonal crossmember, if necessary, and that the

average labor rate is $60 per work hour.

Required parts would cost

approximately $9,950. Based on these

figures, the total cost impact of the

proposed AD on U.S. operators is

estimated to be $498,670, assuming one

inspection per helicopter, and

replacement of a diagonal cross-member

on each helicopter.

The regulations proposed herein

would 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

proposal would not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

For the reasons discussed above, I

certify that this proposed regulation (1)

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under the DOT

Regulatory Policies and Procedures (44

FR 11034, Federal 26, 1979); and (3) if

promulgated, 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 draft

regulatory 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.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend 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 to

read as follows:

Eurocopter France: Docket No. 97–SW–21–

AD.

Applicability: Model SA–365N, N1 and

AS–365N2 helicopter with diagonal

crossmembers, part number (P/N) 365A38–

3023–20, –21, –23, or –24, installed,

certificated in any category.

Note 1: This AD applies to each helicopter

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area
Federal Register / Vol. 62, No. 236 / Tuesday, December 9, 1997 / Proposed Rules 64787

subject to the requirements of this AD. For

helicopters that have been modified, altered,

or repaired, so that the performance of the

requirements of this AD is affected, the

owner/operator must use the authority

provided in paragraph (d) to request approval

from the FAA. This approval may address

either no action, if the current configuration

eliminates the unsafe condition, or different

actions necessary to address the unsafe

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the

unsafe condition addressed by this AD. In no

case does the presence of any modification,

alteration, or repair remove any helicopter

from the applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent failure of the main gearbox

suspension diagonal cross-member (diagonal

cross-member), which could cause the main

gearbox to pivot, resulting in severe

vibrations and a subsequent forced landing,

accomplish the following:

(a) For Model SA–365N and N1

helicopters, prior to the accumulation of

50,000 operating cycles; and for Model AS–

365N2 helicopters, prior to the accumulation

of 30,000 operating cycles:

Note 2: The Master Service

Recommendations and the flight log contain

accepted procedures that are used to

determine the cumulative operating cycles on

the rotorcraft.

(1) Inspect the diagonal cross-member for

cracks in the area of the center bore hole,

using a borescope with a 90° angle drive, or

a video assembly with optical fiber

illumination, or any other appropriate device

that makes it possible to visually inspect the

center area of the part.

(2) Repeat the inspection required by

paragraph (a)(1) of this AD at intervals not to

exceed 500 operating cycles, or 100 hours

time-in-service, whichever occurs first.

(b) If any crack is found as a result of the

inspections required by paragraphs (a)(1) or

(a)(2) of this AD, remove the diagonal crossmember and replace it with an airworthy

diagonal cross-member.

(c) Installation of modification MOD

073880 that installs a diagonal cross-member,

P/N 356A38–3062–20, constitutes a

terminating action for the requirements of

this AD.

(d) 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, Rotorcraft

Standards Staff, Rotorcraft Directorate, FAA.

Operators shall submit their requests through

an FAA Principal Maintenance Inspector,

who may concur or comment and then send

it to the Manager, Rotorcraft Standards Staff.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Rotorcraft Standards Staff.

(e) 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 helicopter

to a location where the requirements of this

AD can be accomplished.

Note 4: The subject of this AD is addressed

in Direction Generale De L’Aviation Civile

(France) AD97–093–041(AB)R1, dated July

30, 1997.

Issued in Fort Worth, Texas, on December

2, 1997.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 97–32117 Filed 12–8–97; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–228–AD]

RIN 2120–AA64

Airworthiness Directives; Aerospatiale

Model ATR–42 and ATR–72 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to all

Aerospatiale Model ATR–42 and ATR–

72 series airplanes. This proposal would

require revising the Airplane Flight

Manual (AFM) to modify the limitation

that prohibits positioning the 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 proposal is prompted by

incidents and accidents involving

airplanes equipped with turboprop

engines in which the ground propeller

beta range was used improperly during

flight. The actions specified by the

proposed 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.

DATES: Comments must be received by

January 8, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

228–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays.

This information may be examined at

the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW.,

Renton, Washington.

FOR FURTHER INFORMATION CONTACT:

Mark Quam, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue SW., Renton,

Washington 98055–4056; telephone

(425) 227–2145; fax (425) 227–1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed 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 above. All communications

received on or before the closing date

for comments, specified above, will be

considered before taking action on the

proposed rule. The proposals contained

in this notice may be changed in light

of the comments received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed 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

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 97–NM–228–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Transport Airplane Directorate,

ANM–103, Attention: Rules Docket No.

97–NM–228–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

In recent years, the FAA has received

reports of 14 incidents and/or accidents

involving intentional or inadvertent

operation of the propellers in the

ground beta range during flight on

airplanes equipped with turboprop

engines. (For the purposes of this

proposal, beta is defined as the range of

propeller operation intended for use

during taxi, ground idle, or reverse

operations as controlled by the power

lever settings aft of the flight idle stop.)