66266 Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Rules and Regulations

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 the following new airworthiness

directive:

97–26–05 British Aerospace Regional

Aircraft [Formerly Jetstream Aircraft

Limited, British Aerospace (Commercial

Aircraft) Limited]: Amendment 39–

10248. Docket 97–NM–222–AD.

Applicability: All Model HS 748 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

otherwise 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 (c) 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 fatigue cracking at the

inspection hole locations, due to the

installation of drive screws, and/or blind

rivets, or hole enlargement, which could

result in failure of the engine mount structure

and consequent separation of the engine from

the airplane, accomplish the following:

(a) Within 12 months after the effective

date of this AD, perform a detailed visual

inspection of the inspection holes in all of

the aft engine ‘W’ frame socket fittings to

determine if drive screws and/or blind rivets

have been installed, and to determine if the

inspection holes have been reworked, in

accordance with PART ONE of the

Accomplishment Instructions of British

Aerospace (Jetstream) Viscount Preliminary

Technical Leaflet (PTL) No. 501, Issue 2,

dated June 1, 1994, including Appendix 1,

dated January 1, 1994. If a drive screw or

blind rivet is installed, or if any inspection

hole has been reworked, prior to further

flight, accomplish follow-on corrective

actions, as applicable, in accordance with

PART THREE of the Accomplishment

Instructions of the PTL.

(b) At the next engine ‘W’ frame removal,

or within 24 months after the effective date

of this AD, whichever occurs first: Perform a

detailed visual inspection of the inspection

holes in all of the forward engine ‘W’ frame

socket fittings to determine if drive screws

and/or blind rivets have been installed, and

to determine if the inspection holes have

been reworked, in accordance with PART

TWO of the Accomplishment Instructions of

British Aerospace (Jetstream) Viscount PTL

No. 501, Issue 2, dated June 1, 1994,

including Appendix 1, dated January 1, 1994.

If a drive screw or blind rivet is installed, or

if any inspection hole has been reworked,

prior to further flight, accomplish follow-on

corrective actions, as applicable, in

accordance with PART THREE of the

Accomplishment Instructions of the PTL.

Note 2: Accomplishment of the inspections

and/or corrective actions in accordance with

Jetstream Service Bulletin HS748–71–33,

dated September 2, 1994, is considered

acceptable for showing compliance with the

requirements of paragraphs (a) and (b) of this

AD.

(c) 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, FAA,

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, International Branch,

ANM–116.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

(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) The actions shall be done in accordance

with British Aerospace (Jetstream) Viscount

Preliminary Technical Leaflet (PTL) No. 501,

Issue 2, dated June 1, 1994, including

Appendix 1, dated January 1, 1994. 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 AI(R)

American Support, Inc., 13850 Mclearen

Road, Herndon, Virginia 20171. Copies may

be inspected at the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton,

Washington; or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

Note 4: The subject of this AD is addressed

in British airworthiness directive 002–09–94,

dated September 1994.

(f) This amendment becomes effective on

January 2, 1998.

Issued in Renton, Washington, on

December 9, 1997.

John J. Hickey,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–32610 Filed 12–17–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–CE–51–AD;

Amendment 39–10251; AD 97–26–08]

RIN 2120–AA64

Airworthiness Directives; Mooney

Aircraft Corporation Models M20F,

M20J, and M20L Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to Mooney Aircraft Corporation

(Mooney) Models M20F, M20J, and

M20L airplanes. This action requires

removing the fuel cap retaining lanyard

from the fuel filler cap assemblies. A

report of lost engine power during flight

because of fuel starvation prompted the

action. The investigation revealed that

the airplane fuel float became trapped

by the fuel cap retaining lanyard,

keeping the float from following the fuel
Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Rules and Regulations 66267

level. This condition caused the pilot to

get a false fuel quantity reading. The

actions specified by this AD are

intended to prevent loss of engine

power and fuel depletion during flight

caused by a false fuel gauge reading.

DATES: Effective January 20, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of January 20,

1998.

ADDRESSES: Service information that

applies to this AD may be obtained at

Mooney Aircraft Corporation, Louis

Schreiner Field, Kerrville, Texas, 78028.

This information may also be examined

at the Federal Aviation Administration

(FAA), Central Region, Office of the

Regional Counsel, Attention: Rules

Docket 96–CE–51–AD, Room 1558, 601

E. 12th Street, Kansas City, Missouri

64106; or at the Office of the Federal

Register, 800 North Capitol Street, NW.,

suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Ms.

Alma Ramirez-Hodge, Aerospace

Engineer, FAA, Fort Worth Airplane

Certification Office, 2601 Meacham

Boulevard, Fort Worth, Texas 76193–

0150; telephone (817) 222–5147;

facsimile (817) 222–5960.

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 Mooney Models M20F, M20J,

and M20L airplanes was published in

the Federal Register on March 26, 1997

(62 FR 14359). The action proposed to

require removing the lanyard (nylon

type material) from the fuel cap

assembly. Accomplishment of the

proposed action would be in accordance

with Mooney Aircraft Bulletin M20–

259, Issue Date: September 1, 1996.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the one

comment received.

The commenter was opposed to the

AD based on the premise that the total

cost impact to the U.S. fleet outweighs

the report of only one incident. The

commenter goes on to say that if the

pilot had been following good operating

practices by doing a visual check of the

fuel and using time as a basis for fuel

consumption, there most probably

wouldn’t have been an incident to

report. The commenter thinks the AD is

not justified by one occurrence of a

captured fuel cap lanyard.

The FAA disagrees. The FAA believes

that one incident, in some cases, does

justify the issuance of an AD. When the

single incident indicates that there

could be a loss of engine power to the

affected airplane model, the justification

for the AD is the continued safe flight

and safe landing of over 2,000 airplanes.

The total cost impact per airplane is

minimal, $60 per airplane, when

compared to the damage that could be

done, should another fuel cap lanyard

become trapped. The pilot that

experienced a loss of engine power in

his/her airplane was fortunate to have

landed safely and without further

incident. Therefore, this final rule will

not change as a result of this comment.

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.

Cost Impact

The FAA estimates that 2,526

airplanes in the U.S. registry will be

affected by this AD, that it would take

approximately 1 workhour per airplane

to accomplish this action, and that the

average labor rate is approximately $60

an hour. There are no parts to include

in this cost estimate. Based on these

figures, the total cost impact of this AD

on U.S. operators is estimated to be

$151,560 or $60 per airplane. The FAA

has no way to determine how many

owners/operators have already

accomplished this action, and assumes

that no operator has accomplished this

action.

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, Incorporation by reference,

Safety.

Adopting 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—AIRWORHTINESS

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:

97–26–08 Mooney Aircraft Corporation:

Amendment 39–10251; Docket No. 96–

CE–51–AD.

Applicability: The following Models and

serial numbered airplanes, certificated in any

category.

Models Serial numbers

M20F ........ All serial numbers.

M20J ......... 24–0001 through 24–3381.

M20L ........ 26–0001 through 26–0041.

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 (c) 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 50

hours time-in-service (TIS) after the effective

date of this AD, unless already accomplished.
66268 Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Rules and Regulations

To prevent loss of engine power and fuel

depletion during flight caused by a false fuel

gauge reading, accomplish the following:

(a) Remove the lanyard (nylon type

material) from the left-hand (LH) and righthand (RH) fuel filler cap assembly in

accordance with the INSTRUCTIONS section

of Mooney Aircraft Corporation Service

Bulletin M20–259, Issue Date: September 1,

1996.

(b) 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.

(c) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

approved by the Manager, Fort Worth

Airplane Certification Office, 2601 Meacham

Boulevard, Fort Worth, Texas 76193–0150.

The request shall be forwarded through an

appropriate FAA Maintenance Inspector,

who may add comments and then send it to

the Manager, Fort Worth Airplane

Certification Office.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Fort Worth Airplane

Certification Office.

(d) The removal required by this AD shall

be done in accordance with Mooney Aircraft

Service Bulletin M20–259, Issue Date:

September 1, 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 Mooney Aircraft Corporation,

Louis Schreiner Field, Kerrville, Texas,

78028. 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.

(e) This amendment (39–10251) becomes

effective on January 20, 1998.

Issued in Kansas City, Missouri, on

December 9, 1997.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 97–32849 Filed 12–17–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–41–AD; Amendment 39–

10255; AD 97–26–12]

RIN 2120–AA64

Airworthiness Directives; The New

Piper Aircraft, Inc. Models PA–31T,

PA–31T1, PA–31T2, PA–31T3, PA–42,

PA–42–720, and PA–42–1000 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to all The New Piper Aircraft,

Inc. (Piper) Models PA–31T, PA–31T1,

PA–31T2, PA–31T3, PA–42, PA–42–

720, and PA–42–1000 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: January 28, 1998.

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 No. 97–CE–41–

AD, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106.

FOR FURTHER INFORMATION CONTACT:

Wayne A. Shade, Aerospace Engineer,

FAA, Atlanta Certification Office, 1895

Phoenix Boulevard, suite 450, Atlanta,

Georgia 30349; telephone (770) 703–

6094; facsimile (770) 703–6097.

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 Piper Models PA–31T, PA–

31T1, PA–31T2, PA–31T3, PA–42, PA–

42–720, and PA–42–1000 airplanes was

published in the Federal Register as a

notice of proposed rulemaking (NPRM)

on July 24, 1997 (62 FR 39793).

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 could lead to

loss of airplane control or may result in an

overspeed condition and consequent loss of

engine power.

The NPRM was 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. Due

consideration has been given to the one

comment received on the NPRM. No

comments were received regarding the

FAA’s determination of the cost to the

public.

Comment Disposition

The commenter states that the

applicability statement of the NPRM is

unclear. The commenter explains that

the NPRM references Models PA–42,

PA–42–720, and PA–42–1000 airplanes.

No reference is made to Model PA–42–

720R airplanes. The commenter

explains that since common practice is

for the FAA to refer to groups of aircraft

as a ‘‘series’’, a reasonable inference

would be that the Model PA–42–720R

airplanes should be included in the

applicability of the NPRM. On the other

hand, the Model PA–42–720R airplanes

are covered by another type certificate

than the models referenced in the

NPRM so one could also infer that the

Model PA–42–720R airplanes should

not be included. The commenter asks

for clarification on this issue and

requests that the FAA not make such

obvious differing inferences.

The FAA concurs that the NPRM

references Models PA–42, PA–42–720,

and PA–42–1000 airplanes, and that no

reference is made to Model PA–42–720R

airplanes. The FAA also concurs that

referencing the term ‘‘series’’ in the

Applicability section of an AD could

cause confusion. The FAA is making a

conscious effort to list all affected

models in the Applicability section of

all AD’s, as was done in the NPRM. The

term series in the Applicability section

puts the burden of interpreting which

airplanes are affected on the owners/

operators. The term ‘‘series’’ is

acceptable when referring to a large

number of airplane models in the

narrative of the preamble of the AD. In

this NPRM, the FAA’s intent was to not

include the Model PA–42–720R

airplanes. All affected models are listed

in the Applicability section. No changes

to the final rule have been made as a

result of this comment.

The FAA’s Determination

After careful review of all available

information related to the subject

presented above, the FAA has