68236 Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Proposed Rules

The USDA Center for Nutrition Policy

and Promotion will be spearheading this

effort in conjunction with the Food and

Consumer Service. The Department

expects to complete the WIC food

package review by the summer of 1998.

Until this review is completed, the

Department will not make any decisions

about whether to propose a regulatory

change in the Federal sugar limit for

WIC cereals. Consequently, the current

Federal requirement that WIC cereals

(hot or cold) made available to women

and child participants must contain no

more than 21.2 grams of sucrose and

other sugars per 100 grams of dry cereal

(i.e., 6 grams of sugar per dry ounce of

cereal) remains in effect for an

indefinite period of time.

Dated: December 17, 1997.

Shirley R. Watkins,

Under Secretary, Food, Nutrition and

Consumer Services.

[FR Doc. 97–33844 Filed 12–30–97; 8:45 am]

BILLING CODE 3410–30–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–191–AD]

RIN 2120–AA64

Airworthiness Directives; British

Aerospace Model ATP 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

British Aerospace Model ATP 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 30, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

191–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.

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–191–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–191–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.)

Five of the fourteen in-flight beta

occurrences were classified as

accidents. In each of these five cases,

operation of the propellers in the beta

range occurred during flight. Operation

of the propellers in the beta range

during flight, if not prevented, could

result in loss of airplane controllability,

or engine overspeed with consequent

loss of engine power.

Communication between the FAA and

the public during a meeting held on

June 11–12, 1996, in Seattle,

Washington, revealed a lack of

consistency of the information on inflight beta operation contained in the

FAA-approved airplane flight manual

(AFM) for airplanes that are not

certificated for in-flight operation with

the power levers below the flight idle

stop. (Airplanes that are certificated for

this type of operation are not affected by

the above-referenced conditions.)

U.S. Type Certification of the Airplane

This airplane model is manufactured

in the United Kingdom and is type

certificated for operation in the United

States under the provisions of Section

21.29 of the Federal Aviation

Regulations and the applicable bilateral

airworthiness agreement. The FAA has

reviewed all available information, and

determined that AD action is necessary

for products of these type designs that

are certificated for operation in the

United States.

FAA’s Determinations

The FAA has examined the

circumstances and reviewed all

available information related to the

incidents and accidents described

previously. The FAA finds that the

Limitations Section of the AFM’s for

certain airplanes must be revised 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. The FAA has

determined that the affected airplanes

include those that are equipped with

turboprop engines and that are not
Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Proposed Rules 68237

certificated for in-flight operation with

the power levers below the flight idle

stop.

Explanation of the Requirements of the

Proposed AD

Since an unsafe condition has been

identified that is likely to exist or

develop on British Aerospace Model

ATP airplanes, 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 10 British

Aerospace Model ATP airplanes 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 $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:

British Aerospace Regional Aircraft

[Formerly Jetstream Aircraft Limited;

British Aerospace (Commercial Aircraft)

Limited]: Docket 97–NM–191–AD.

Applicability: All Model ATP 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.

‘‘Roll-over Lever

Use is restricted to ground operation only. Inflight operations at power settings below

flight idle are prohibited. Power settings

below flight idle may lead to a loss of aircraft

control, or may result in an engine 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,

Standardization Branch, ANM–113, 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, 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

22, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–34001 Filed 12–30–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–277–AD]

RIN 2120–AA64

Airworthiness Directives;

Construcciones Aeronauticas, S.A.

(CASA) Model C–212 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

certain CASA Model C–212 series

airplanes. This proposal would require

a one-time inspection to detect

discrepancies of the spherical bearing of

the aileron control rod, and corrective

action, if necessary; and installation of

an improved retainer washer in the

movable joint of the aileron control rod.

This proposal is prompted by issuance

of mandatory continuing airworthiness

information by a foreign civil

airworthiness authority. The actions

specified by the proposed AD are

intended to prevent loss of the movable

joint of the aileron control rod, caused