Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Rules and Regulations 66271

—Hartzell Model HC–B3TF–7A/T10173–11R

or HC–B3TF–7A/T10173F–11R propellers.

Note 2: 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 (e) 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 30

days after the effective date of this AD, unless

already accomplished.

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, accomplish the

following:

(a) Amend the Limitations Section of the

airplane flight manual (AFM) by inserting the

following language:

‘‘Positioning of power levers below the

flight idle stop while in flight is prohibited.

Such positioning could lead to loss of

airplane control or may result in an engine

overspeed condition and consequent loss of

engine power.’’

(b) This action may be accomplished by

incorporating a copy of this AD into the

Limitations Section of the AFM.

(c) Amending the AFM, as required by this

AD, may be performed by the owner/operator

holding at least a private pilot certificate as

authorized by section 43.7 of the Federal

Aviation Regulations (14 CFR 43.7), and must

be entered into the aircraft records showing

compliance with this AD in accordance with

section 43.9 of the Federal Aviation

Regulations (14 CFR 43.9).

(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) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

approved by the Manager, Atlanta Aircraft

Certification Office (ACO), Campus Building,

1701 Columbia Avenue, suite 2–160, College

Park, Georgia 30337–2748. The request shall

be forwarded through an appropriate FAA

Maintenance Inspector, who may add

comments and then send it to the Manager,

Atlanta ACO.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Atlanta ACO.

(f) Information related to this AD may be

examined at the FAA, Central Region, Office

of the Regional Counsel, Room 1558, 601 E.

12th Street, Kansas City, Missouri 64106.

(g) This amendment (39–10257) becomes

effective on January 28, 1998.

Issued in Kansas City, Missouri, on

December 10, 1997.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 97–32990 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–39–AD; Amendment 39–

10256; AD 97–26–13]

RIN 2120–AA64

Airworthiness Directives; Empresa

Brasileira de Aeronautica S.A. Models

EMB–110P1 and EMB–110P2 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to all Empresa Brasileira de

Aeronautica S.A. (EMBRAER) Models

EMB–110P1 and EMB–110P2 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 increased propeller

drag beyond the certificated limits

caused by the power levers being

positioned below the flight idle stop

while the airplane is in flight, which

could result in loss of airplane control

or engine overspeed with consequent

loss of engine power.

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–39–

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 EMBRAER Models EMB–110P1

and EMB–110P2 airplanes was

published in the Federal Register as a

notice of proposed rulemaking (NPRM)

on July 24, 1997 (62 FR 39791).

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 may result in

increased propeller drag beyond the

certificated limits.

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. No

comments were received on the

proposed rule or the FAA’s

determination of the cost to the public.

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.

Compliance Time of This AD

The FAA has determined that the

compliance time of this AD should be

specified in calendar time instead of

hours time-in-service. While the

condition addressed by this AD is

unsafe while the airplane is in flight, the

condition is not a result of repetitive

airplane operation; the potential of the

unsafe condition occurring is the same

on the first flight as it is for subsequent

flights. The compliance time of ‘‘30 days

after the effective date of this AD’’ will

not inadvertently ground airplanes and

would assure that all owners/operators
66272 Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Rules and Regulations

of the affected airplanes accomplish this

AD in a reasonable time period.

Cost Impact

The FAA estimates that 54 airplanes

in the U.S. registry will be affected by

this AD, that it will take approximately

1 workhour per airplane to incorporate

the required AFM amendment, and that

the average labor rate is approximately

$60 an hour. Since an owner/operator

who holds at least a private pilot’s

certificate can accomplish this AD, as

authorized by sections 43.7 and 43.9 of

the Federal Aviation Regulations (14

CFR 43.7 and 43.9), the only cost impact

upon the public is the time it will take

the affected airplane owner/operators to

amend the AFM.

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, 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:

97–26–13 Empresa Brasileira De

Aeronautica S.A.: Amendment 39–

10256; Docket No. 97–CE–39–AD.

Applicability: Models EMB–110P1 and

EMB–110P2 airplanes, all serial numbers,

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 (e) 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 30

days after the effective date of this AD, unless

already accomplished.

To prevent increased propeller drag

beyond the certificated limits caused by the

power levers being positioned below the

flight idle stop while the airplane is in flight,

which could result in loss of airplane control

or engine overspeed with consequent loss of

engine power, accomplish the following:

(a) Amend the Limitations Section of the

airplane flight manual (AFM) by inserting the

following language:

‘‘Positioning of power levers below the

flight idle stop while the airplane is in flight

is prohibited. Such positioning may result in

increased propeller drag beyond the

certificated limits.’’

(b) This action may be accomplished by

incorporating a copy of this AD into the

Limitations Section of the AFM.

(c) Amending the AFM, as required by this

AD, may be performed by the owner/operator

holding at least a private pilot certificate as

authorized by section 43.7 of the Federal

Aviation Regulations (14 CFR 43.7), and must

be entered into the aircraft records showing

compliance with this AD in accordance with

section 43.9 of the Federal Aviation

Regulations (14 CFR 43.9).

(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) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

approved by the Manager, Atlanta Aircraft

Certification Office (ACO), Campus Building,

1701 Columbia Avenue, suite 2–160, College

Park, Georgia 30337–2748. The request shall

be forwarded through an appropriate FAA

Maintenance Inspector, who may add

comments and then send it to the Manager,

Atlanta ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Atlanta ACO.

(f) Information related to this AD may be

examined at the FAA, Central Region, Office

of the Regional Counsel, Room 1558, 601 E.

12th Street, Kansas City, Missouri 64106.

(g) This amendment (39–10256) becomes

effective on January 28, 1998.

Issued in Kansas City, Missouri, on

December 10, 1997.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 97–32995 Filed 12–17–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 255

[Docket No. OST–97–3057]

RIN 2105–AC67

Computer Reservations System

Regulations

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: The Department is adopting a

rule which amends its rules governing

airline computer reservations systems

(CRSs) (14 CFR part 255) by changing

their expiration date from December 31,

1997, to March 31, 1999. This

amendment will keep the rules from

terminating on December 31, 1997, and

will thereby cause those rules to remain

in effect while the Department carries

out its reexamination of the need for

CRS regulations. The Department

believes that the current rules should be

maintained during that reexamination

because they appear to be necessary for

promoting airline competition and

helping to ensure that consumers and

travel agents can obtain complete and

accurate information on airline services.

DATES: This rule is effective on

December 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Thomas Ray, Office of the General

Counsel, 400 Seventh St. SW.,

Washington, DC 20590, (202) 366–4731.

SUPPLEMENTARY INFORMATION: When the

Department adopted its rules governing

CRS operations, 14 CFR part 255, in

1992, it included a sunset date for the

rules to ensure that the need for the

rules and their effectiveness would be

reexamined within several years. The

sunset date is December 31, 1997. 14

CFR 255.12. We have begun the process

of reexamining the rules but cannot

complete that task by the rules’ current