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
Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Rules and Regulations 66269

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

of the affected airplanes accomplish this

AD in a reasonable time period.

Cost Impact

The FAA estimates that 607 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:

97–26–12 The New Piper Aircraft, Inc.:

Amendment 39–10255; Docket No. 97–

CE–39–AD.

Applicability: Models PA–31T, PA–31T1,

PA–31T2, PA–31T3, PA–42, PA–42–720, and

PA–42–1000 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 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 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 (39–10255) 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. 97–32991 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–40–AD; Amendment 39–

10257; AD 97–26–14]

RIN 2120–AA64

Airworthiness Directives; MAULE

Models MX–7–420 and MXT–7–420

Airplanes and Models M–7–235 and

M–7–235A Airplanes Modified in

Accordance With Maule Supplemental

Type Certificate (STC) SA2661SO

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that