18304 Federal Register / Vol. 62, No. 72 / Tuesday, April 15, 1997 / Proposed Rules

consequent reduced controllability of the

airplane, accomplish the following:

Restatement of Requirements of AD 95–26–

07:

(a) For airplanes having serial numbers

7003 through 7079 inclusive: Within 7 days

after January 4, 1996 (the effective date of AD

95–26–07, amendment 39–9465), revise the

Limitations Section of the FAA-approved

Airplane Flight Manual (AFM) to include the

following. This may be accomplished by

inserting a copy of this AD in the AFM.

‘‘Before engine start, prior to the first flight

of each day, the flight crew or certificated

maintenance personnel shall perform a check

of the travel range of the aileron as follows:

Aileron—Check travel range (to approx

1/2 travel) using each hydraulic

system in turn, with the other

hydraulic systems depressurized.’’

Note 2: This AFM revision may also be

accomplished by inserting a copy of

Temporary Revision RJ/45, dated September

7, 1995, or Temporary Revision RJ/45–2,

dated April 30, 1996, in the AFM. When

these temporary revisions have been

incorporated into general revisions of the

AFM, the general revisions may be inserted

in the AFM, provided the information

contained in the general revisions is identical

to that specified in Temporary Revision RJ/

45 or RJ/45–2.

Note 3: Operators should note that

operation of the aircraft remains restricted to

the altitude and airspeed limits currently

specified in the FAA-approved AFM,

Revision 34, Chapter 5, Abnormal

Procedures, Section 13, Hydraulic Power,

Paragraphs ‘‘A’’ through ‘‘C’’ and ‘‘M’’

through ‘‘O.’’

(b) For airplanes having serial numbers

7003 through 7079 inclusive: Perform a

visual inspection to detect damage of the

shear link, the shear pin, and the aileron

attachment fitting, in accordance with

Canadair Regional Jet Alert Service Bulletin

S.B. A601R–27–058, Revision ’A,’ dated

September 8, 1995, at the time specified in

paragraph (b)(1) or (b)(2) of this AD, as

applicable.

(1) For airplanes having serial numbers

7003 through 7054 inclusive: Inspect at the

next scheduled shear pin replacement, but no

later than 30 days after January 4, 1996.

(2) For airplanes having serial numbers

7055 through 7079 inclusive: Inspect at the

next scheduled shear pin replacement, but no

later than 400 flight hours after January 4,

1996.

(c) If no shear pin is found to be damaged

during the inspection required by paragraph

(b) of this AD, accomplish the requirements

of either paragraph (c)(1) or (c)(2), as

applicable, at the times specified:

(1) For airplanes having serial numbers

7003 through 7054 inclusive: At the next

scheduled shear pin replacement, but no

later than 400 flight hours after

accomplishing the inspection specified in

paragraph (b) of this AD, remove the aileron

flutter dampers, shear link, and pivot, in

accordance with Canadair Regional Jet Alert

Service Bulletin S.B. A601R–27–058,

Revision ‘A,’ dated September 8, 1995.

Following removal of the flutter dampers, the

shear pin replacement in accordance with the

FAA-approved maintenance program is not

required.

(2) For airplanes having serial numbers

7055 through 7079 inclusive: Repeat the

inspection required by paragraph (b) of this

AD at intervals not to exceed 400 flight

hours. At the next scheduled shear pin

replacement, but no later than 1,500 landings

after accomplishing the initial inspection

specified in paragraph (b) of this AD, remove

the aileron flutter dampers, shear link, and

pivot, in accordance with Canadair Regional

Jet Alert Service Bulletin S.B. A601R–27–

058, Revision ‘A,’ dated September 8, 1995.

Following removal of the flutter dampers, the

shear pin replacement in accordance with the

FAA-approved maintenance program is not

required.

(d) If any shear pin is found to be damaged

during the inspection required by paragraph

(b) of this AD, prior to further flight, remove

the aileron flutter dampers, shear link, and

pivot, in accordance with Canadair Regional

Jet Alert Service Bulletin S.B. A601R–27–

058, Revision ‘A,’ dated September 8, 1995.

Following removal of the flutter dampers,

shear pin replacement in accordance with the

FAA-approved maintenance program is not

required.

(e) If any aileron hinge fitting is found to

be damaged during the inspection required

by paragraph (b) of this AD, prior to further

flight, repair in accordance with Canadair

Regional Jet Alert Service Bulletin S.B.

A601R–27–058, Revision ‘A,’ dated

September 8, 1995.

New Requirements of this AD

(f) For airplanes having serial numbers

7080 through 7134 inclusive: Within 7 days

after the effective date of this AD, revise the

Limitations Section of the FAA-approved

AFM to include the following. This may be

accomplished by inserting a copy of this AD

in the AFM.

‘‘Before engine start, prior to the first flight

of each day, the flight crew or certificated

maintenance personnel shall perform a check

of the travel range of the aileron as follows:

Aileron—Check travel range (to approx

1/2 travel) using each hydraulic

system in turn, with the other

hydraulic systems depressurized.’’

Note 4: This AFM revision may also be

accomplished by inserting a copy of

Temporary Revision RJ/45–2, dated April 30,

1996, in the AFM. When this temporary

revision has been incorporated into general

revisions of the AFM, the general revisions

may be inserted in the AFM, provided the

information contained in the general

revisions is identical to that specified in

Temporary Revision RJ/45–2.

Note 5: Operators should note that

operation of the aircraft remains restricted to

the altitude and airspeed limits currently

specified in the FAA-approved AFM,

Revision 34, Chapter 5, Abnormal

Procedures, Section 13, Hydraulic Power,

Paragraphs ‘‘A’’ through ‘‘C’’ and ‘‘M’’

through ‘‘O.’’

(g) For airplanes having serial numbers

7003 through 7134 inclusive: Within 18

months after the effective date of this AD,

install redesigned aileron flutter damper

shear pins and shear links, aileron flutter

dampers, pivots, and new shear link

assemblies; in accordance with Canadair

Service Bulletin S.B. 601R–27–065, dated

September 16, 1996. Accomplishment of this

installation constitutes terminating action for

the AFM revisions required by paragraphs (a)

and (f) of this AD.

(h) As of the effective date of this AD, no

person shall install an aileron flutter damper

assembly, part number 600–10179–1, on any

airplane.

(i) 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, New York

Aircraft Certification Office (ACO), FAA,

Engine and Propeller Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, New York ACO.

Note 6: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the New York ACO.

(j) 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 April 8,

1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–9594 Filed 4–14–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–36–AD]

RIN 2120–AA64

Airworthiness Directives; de Havilland

Model DHC–7 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 de

Havilland Model DHC–7 series

airplanes. This proposal would require

revising the Airplane Flight Manual

(AFM) to prohibit positioning of 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. This proposal is

prompted by incidents and accidents
Federal Register / Vol. 62, No. 72 / Tuesday, April 15, 1997 / Proposed Rules 18305

involving airplanes equipped with

turboprop engines in which the

propeller beta 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

May 23, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

36–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:

Peter LeVoci, Aerospace Engineer,

Systems and Flight Test Branch, ANE–

172, FAA, New York Aircraft

Certification Office, Engine and

Propeller Directorate, 10 Fifth Street,

Third Floor, Valley Stream, New York

11581; telephone (516) 256–7514; fax

(516) 568–2716.

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–36–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–36–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 beta

range during flight on airplanes

equipped with turboprop engines. (Beta

is 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 while the airplane was

in 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.)

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

certificated for in-flight operation with

the power levers below the flight idle

stop. Since de Havilland Model DHC–7

series airplanes meet these criteria, the

FAA finds that the AFM for these

airplanes must be revised to include the

limitation and statement of

consequences described previously.

U.S. Type Certification of the Airplane

This airplane model is manufactured

in Canada 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. The FAA has

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.

Explanation of the Requirements of the

Proposed AD

Since an unsafe condition has been

identified that is likely to exist or

develop in other de Havilland Model

DHC–7 series airplanes of the same type

design, the proposed AD would require

revising the Limitations Section of the

AFM 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 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 45 de

Havilland Model DHC–7 series

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

$2,700, 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
18306 Federal Register / Vol. 62, No. 72 / Tuesday, April 15, 1997 / Proposed Rules

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:

De Havilland, Inc.: Docket 97–NM–36–AD.

Applicability: All Model DHC–7 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.

‘‘Positioning of power levers below the

flight idle stop while the airplane is in flight

is prohibited. Such positioning may lead to

loss of airplane control or may result in an

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, New York

Aircraft Certification Office (ACO), FAA,

Engine and Propeller Directorate. Operators

shall submit their requests through an

appropriate FAA Maintenance Operations

Inspector, who may add comments and then

send it to the Manager, New York ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the New York ACO.

(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 April 8,

1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–9593 Filed 4–14–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

24 CFR Chapter I

[Docket No. FR–4170–N–08]

Native American Housing Assistance

and Self-Determination Negotiated

Rulemaking Committee; Meetings

AGENCY: Office of the Assistant

Secretary for Public and Indian

Housing, HUD.

ACTION: Notice of negotiated rulemaking

committee meetings.

SUMMARY: On March 6, 1997 (62 FR

10247), HUD published a notice that

announced three series of negotiated

rulemaking meetings sponsored by HUD

to develop the regulations necessary to

carry out the Native American Housing

Assistance and Self-Determination Act

of 1996 (NAHASDA) (Pub.L. 104–330,

approved October 26, 1996). The

meetings announced were scheduled

from March 20–27, 1997, April 8–11,

1997, and April 24–May 1, 1997.

The purpose of this notice is to

announce a change in dates in the

meetings originally scheduled for April

24 through May 1, 1997. The meeting

dates for this period are being changed

to April 23, 1997 through April 30,

1997.

DATES: The next series of meetings will

be held on: April 23, 24, 25, 26, 28, 29,

and 30, 1997.

The meetings will begin at

approximately 9:00 am and end at

approximately 5:00 pm on each day,

local time.

ADDRESSES: The meetings will be held at

the Cheyenne Mountain Conference

Resort, 325 Broadmoor Valley Road,

Colorado Springs, CO 8096; telephone

(719) 576–4600 or 1–800–588–6532; fax

(719) 576–4711 (With the exception of

the ‘‘800’’ telephone number, these are

not toll-free numbers).

FOR FURTHER INFORMATION CONTACT:

Dominic Nessi, Deputy Assistant

Secretary for Native American

Programs, Department of Housing and

Urban Development, 1999 Broadway,

Suite 3390, Denver, CO; telephone (303)

675–1600 (voice) or 1–800–877–8339

(TTY for speech or hearing impaired

individuals) (With the exception of the

‘‘800’’ number, these are not toll-free

numbers).

SUPPLEMENTARY INFORMATION: The

Secretary of HUD has established the

Native American Housing Assistance &

Self-Determination Negotiated

Rulemaking Committee (Committee) to

negotiate and develop a proposed rule

implementing NAHASDA. On March 6,

1997 (62 FR 10247), HUD published a

notice that announced three series of

meetings to be held during March and

April 1997 in Colorado Springs,

Colorado to discuss the regulatory

implementation of NAHASDA. The

meetings announced were scheduled

from March 20–27, 1997, April 8–11,

1997, and April 24–May 1, 1997.

The purpose of this notice is to

announce a change in dates in the

meetings originally scheduled for April

24 through May 1, 1997. The meeting

dates for this period are being changed

to April 23, 1997 through April 30,

1997. The precise meeting dates are:

April 23, 24, 25, 26, 28, 29, and 30,

1997.

Because of lack of sufficient hotel

accommodations during this period, it

was necessary to move the meetings for

this period to an earlier starting date by

one day.