20550 Federal Register / Vol. 63, No. 80 / Monday, April 27, 1998 / Proposed Rules

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:

McDonnell Douglas: Docket 98–NM–110–

AD.

Applicability: Model DC–9 and C–9

(military) series airplanes, as listed in

McDonnell Douglas Service Bulletin DC9–

53–267, dated October 20, 1997; 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 as indicated, unless

accomplished previously.

To prevent fatigue cracking of the fuselage

frames and longerons 16R and 17R, which

could result in reduced structural integrity of

the airplane, accomplish the following:

Note 2: This AD will affect Principal

Structural Element (PSE) 53.09.055A of the

DC–9 Supplemental Inspection Document

(SID).

(a) Prior to the accumulation of 30,000 total

landings, or within 3,000 landings after the

effective date of this AD, whichever occurs

later, perform a visual inspection to detect

fatigue cracking of the fuselage frames and

longerons 16R and 17R above the forward

lower cargo door, in accordance with

McDonnell Douglas Service Bulletin DC9–

53–267, dated October 20, 1997.

(b) Condition 1. If no cracking is detected

during the inspection required by paragraph

(a) of this AD, accomplish the requirements

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

in accordance with McDonnell Douglas

Service Bulletin DC9–53–267, dated October

20, 1997.

(1) Option 1. Repeat the visual inspection

thereafter at intervals not to exceed 19,000

landings. Or

(2) Option 2. Prior to further flight, modify

the fuselage frames and longerons 16R and

17R. Prior to the accumulation of 19,000

landings after accomplishment of the

modification, perform a visual inspection to

detect fatigue cracking of the skin adjacent to

the modification.

(i) If no cracking is detected, repeat the

visual inspection thereafter at intervals not to

exceed 19,000 landings.

(ii) If any cracking is detected, prior to

further flight, repair in accordance with a

method approved by the Manager, Los

Angeles Aircraft Certification Office (ACO),

FAA, Transport Airplane Directorate.

(c) Condition 2. If any cracking is detected

during the inspection required by paragraph

(a) of this AD, prior to further flight, repair

the cracked area and modify the fuselage

frames and longerons 16R and 17R; in

accordance with McDonnell Douglas Service

Bulletin DC9–53–267, dated October 20,

1997. Prior to the accumulation of 19,000

landings after accomplishment of the

modification, perform a visual inspection to

detect fatigue cracking of the skin adjacent to

the modification; in accordance with the

service bulletin.

(1) If no cracking is detected, repeat the

visual inspection thereafter at intervals not to

exceed 19,000 landings.

(2) If any cracking is detected, prior to

further flight, repair in accordance with a

method approved by the Manager, Los

Angeles ACO.

(d) Accomplishment of the actions

required by this AD constitutes terminating

action for the requirements of AD 96–13–03,

amendment 39–9671, for PSE 53.09.055A

only of the DC–9 SID.

(e) 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, Los

Angeles ACO. Operators shall submit their

requests through an appropriate FAA

Principal Maintenance Inspector, who may

add comments and then send it to the

Manager, Los Angeles ACO.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles ACO.

(f) Special flight permits may be issued in

accordance with §§ 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 21,

1998.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–11089 Filed 4–24–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–304–AD]

RIN 2120–AA64

Airworthiness Directives; Empresa

Brasileira de Aeronautica S.A.

(EMBRAER) Model EMB–120 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

EMBRAER Model EMB–120 series

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

May 27, 1998.
Federal Register / Vol. 63, No. 80 / Monday, April 27, 1998 / Proposed Rules 20551

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 97–NM–

30–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.

This information may be examined at

the FAA, Transport Airplane

Directorate, 601 Lind Avenue, SW.,

Renton, Washington; or at the FAA,

Small Airplane Directorate, Atlanta

Aircraft Certification Office, One Crown

Center, 1895 Phoenix Boulevard, suite

450, Atlanta, Georgia.

FOR FURTHER INFORMATION CONTACT:

Wayne A. Shade, Aerospace Engineer,

Airframe and Propulsion Branch, ACE–

117A , the FAA, Small Airplane

Directorate, Atlanta Aircraft

Certification Office, One Crown Center,

1895 Phoenix Boulevard, suite 450,

Atlanta, Georgia 30349; telephone (770)

703–7337; fax (770) 703–6097.

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–304–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–114, Attention: Rules Docket No.

97–NM–304–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.

Communications 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 Brazil and is type certificated for

operation in the United States under the

provisions of § 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

certificated for in-flight operation with

the power levers below the flight idle

stop.

The FAA notes that EMBRAER Model

EMB–120 series airplanes are equipped

with an electro-mechanical gate device

that is designed to protect against the

positioning of power levers below the

flight idle stop in flight. The gate device

has an override feature that allows

access to beta during a landing roll, in

the event of certain system failures. If a

certain type of failure occurs, access to

beta is available in flight. A pilot who

is accustomed to the protection that the

electro-mechanical gate device provides

may inadvertently access beta in flight.

Further, a pilot may deliberately access

beta in flight by using the override

feature.

In light of this, the FAA considers that

revision of the AFM is necessary to

ensure that pilots are reminded that

positioning power levers below the

flight idle stop while the airplane is in

flight is prohibited, even though an

electro-mechanical gate device is

installed. The FAA further considers

this to be a minimal action necessary to

ensure that pilots do not carry over

certain flight habits from an airplane

design that mitigates the effects of beta

in flight to an airplane design that does

not.

Explanation of the Requirements of the

Proposed AD

Since an unsafe condition has been

identified that is likely to exist or

develop on EMBRAER Model EMB–120

series airplanes of the same type design,

the proposed AD would require revising

the Limitations Section of the AFM to

modify the limitation that prohibits

positioning 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 235

EMBRAER Model EMB–120 series

airplanes of U.S. registry would be

affected by this proposed AD, that it

would take approximately 1 work hour
20552 Federal Register / Vol. 63, No. 80 / Monday, April 27, 1998 / Proposed Rules

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

$14,100, 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:

Embraer: Docket 97–NM–304–AD.

Applicability: All Model EMB–120 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 in flight is prohibited. Such

positioning may result in an engine

overspeed condition with consequent loss of

engine and potential excessive asymmetric

propeller drag reducing aircraft

controllability.’’

(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, FAA, Small

Airplane Directorate, Atlanta Aircraft

Certification Office (ACO). Operators shall

submit their requests through an appropriate

FAA Principal Operations 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.

(c) Special flight permits may be issued in

accordance with §§ 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 21,

1998.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–11101 Filed 4–24–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–336–AD]

RIN 2120–AA64

Airworthiness Directives; de Havilland

Model DHC–8–100, –200, and –300

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 de Havilland Model DHC–8–100,

–200, and –300 series airplanes. This

proposal would require modification of

the lever assembly of the roll disconnect

system. 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 uncommanded

disconnects of the roll control system,

which could result in a limited degree

of roll control and consequent reduced

controllability of the airplane.

DATES: Comments must be received by

May 27, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 97–NM–

336–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.

The service information referenced in

the proposed rule may be obtained from

Bombardier, Inc., Bombardier Regional

Aircraft Division, Garratt Boulevard,

Downsview, Ontario M3K 1Y5, Canada.

This information may be examined at

the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW.,

Renton, Washington; or at the FAA,

Engine and Propeller Directorate, New

York Aircraft Certification Office, 10

Fifth Street, Third Floor, Valley Stream,

New York.

FOR FURTHER INFORMATION CONTACT:

Anthony E. Gallo, Aerospace Engineer,

Systems and Flight Test Branch, ANE–

172, FAA, Engine and Propeller

Directorate, New York Aircraft

Certification Office, 10 Fifth Street,

Third Floor, Valley Stream, New York