Federal Register / Vol. 63, No. 121 /Wednesday, June 24, 1998 /Rules and Regulations 34269

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.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

single comment received.

The commenter supports the

proposed rule.

Conclusion

After careful review of the available

data, including the comment noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Interim Action

This is considered interim action

until final action is identified, at which

time the FAA may consider further

rulemaking.

Cost Impact

There are approximately 143

Gulfstream Model G–159 (G–I) airplanes

of the affected design in the worldwide

fleet. The FAA estimates that 63

airplanes of U.S. registry will be affected

by this AD, that it will take

approximately 1 work hour per airplane

to accomplish the required actions, and

that the average labor rate is $60 per

work hour. Based on these figures, the

cost impact of the AD on U.S. operators

is estimated to be $3,780, or $60 per

airplane.

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the 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 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 final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it may be obtained from 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 the following new airworthiness

directive:

98–13–30 Gulfstream Aerospace

Corporation (Formerly Grumman):

Amendment 39–10621. Docket 97–NM–

302–AD.

Applicability: All Model G–159 (G–I)

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 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) For turbopropeller-powered Gulfstream

Model G–159 (G–1) airplanes: 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 the propeller flight fine

pitch lock selector to the ground interlock

position in flight is PROHIBITED. Such

positioning may lead to loss of airplane

control.’’

(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 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.

(d) This amendment becomes effective on

July 29, 1998.

Issued in Renton, Washington, on June 16,

1998.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–16493 Filed 6–23–98; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–304–AD; Amendment

39–10620; AD 98–13–29]

RIN 2120–AA64

Airworthiness Directives; Empresa

Brasileira de Aeronautica S.A.

(EMBRAER) Model EMB–120 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to all EMBRAER Model

EMB–120 series airplanes, that requires

revising the Airplane Flight Manual

(AFM) to prohibit positioning the power

levers below the flight idle stop. This

amendment 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 this AD are

intended to prevent loss of airplane
34270 Federal Register / Vol. 63, No. 121 /Wednesday, June 24, 1998 /Rules and Regulations

controllability 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: July 29, 1998.

ADDRESSES: Information pertaining to

this rulemaking action may be examined

at the Federal Aviation Administration

(FAA), Transport Airplane Directorate,

Rules Docket, 1601 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: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to all EMBRAER

Model EMB–120 series airplanes was

published in the Federal Register on

April 27, 1998 (63 FR 20550). That

action proposed to require revising 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, and to add a statement of the

consequences of positioning the power

levers below the flight idle stop while

the airplane is in flight.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were submitted in response

to the proposal or the FAA’s

determination of the cost to the public.

Conclusion

The FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

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 will be affected

by this AD, that it will take

approximately 1 work hour per airplane

to accomplish the required actions, and

that the average labor rate is $60 per

work hour. Based on these figures, the

cost impact of the 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 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 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 final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it may be obtained from 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 the following new airworthiness

directive:

98–13–29 Embraer: Amendment 39–10620.

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 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) 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 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.

(d) This amendment becomes

effective on July 29, 1998.
Federal Register / Vol. 63, No. 121 /Wednesday, June 24, 1998 /Rules and Regulations 34271

Issued in Renton, Washington, on June 16,

1998.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–16492 Filed 6–23–98; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–178–AD; Amendment

39–10611; AD 98–11–52]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 737–100, –200, –300, –400, and

–500 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This document publishes in

the Federal Register an amendment

adopting airworthiness directive (AD)

T98–11–52 that was sent previously to

all known U.S. owners and operators of

Boeing Model 737–100, –200, –300,

–400, and –500 series airplanes by

individual telegrams. This AD requires

removal of the fuel boost pump wiring

in the conduits of the wing and center

fuel tanks; an inspection to detect

damage of the wiring, and corrective

action, if necessary; and eventual

installation of teflon sleeving over the

electrical cable. This action is prompted

by reports of severe wear of the fuel

boost pump wiring due to chafing

between the wiring and the surrounding

conduit inside the fuel tank; pin-holesized holes in the conduit that appear to

be the result of arc-through of the

conduit; and exposure of the main tank

boost pump wire conductor inside a

conduit and signs of arcing to the wall

of the conduit. The actions specified by

this AD are intended to detect and

correct chafing and electrical arcing

between the fuel boost pump wiring and

the surrounding conduit, which, if not

corrected, could result in arc-through of

the conduit, and consequent fire or

explosion of the fuel tank.

DATES: Effective June 29, 1998, to all

persons except those persons to whom

it was made immediately effective by

telegraphic AD T98–11–52, issued on

May 14, 1998, which contained the

requirements of this amendment.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 29,

1998.

Comments for inclusion in the Rules

Docket must be received on or before

August 24, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 98–NM–

178–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The applicable service information

may be obtained from Boeing

Commercial Airplane Group, P.O. Box

3707, Seattle, Washington 98124–2207.

This information may be examined at

the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW.,

Renton, Washington; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Dorr

Anderson, Aerospace Engineer,

Propulsion Branch, ANM–140S, FAA,

Transport Airplane Directorate, Seattle

Aircraft Certification Office, 1601 Lind

Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2684;

fax (425) 227–1181.

SUPPLEMENTARY INFORMATION:

Issuance of Telegraphic AD T98–10–51

On May 7, 1998, the FAA issued

telegraphic AD T98–10–51, applicable

to all Model 737–100, –200, –300, –400,

and –500 series airplanes, to require

removal of the fuel boost pump wiring

in the conduits of the wing fuel tanks;

a one-time detailed visual inspection to

detect damage of the wiring;

reinstallation of the wiring with teflon

sleeving, or replacement of damaged

wiring with new wiring and teflon

sleeving; and submission of damaged

parts to Boeing. Telegraphic AD T98–

10–51 was prompted by reports of

severe wear of the fuel boost pump

wiring due to chafing between the intank fuel boost pump wiring and the

surrounding conduit inside the fuel

tank, and pin-hole-sized holes in two

sections of the fuel boost pump conduit

that appeared to be the result of arcthrough of the conduit. The actions

required by that telegraphic AD were

intended to detect and correct such

chafing, which could result in arcthrough of the conduit, and consequent

fire or explosion of the fuel tank.

Issuance of Telegraphic AD T98–11–51

On May 10, 1998, the FAA issued

telegraphic AD T98–11–51, which is

applicable to all Model 737–100, –200,

–300, –400, and –500 series airplanes.

That AD superseded telegraphic AD

T98–10–51 to continue to require

removal of the fuel boost pump wiring

in the conduits of the wing fuel tanks;

a detailed visual inspection to detect

damage of the wiring; and corrective

action, if necessary. Additionally, that

telegraphic AD required eventual

installation of teflon sleeving over the

electrical cable, which terminated the

requirements of the telegraphic AD.

Telegraphic AD T98–11–51 was

prompted by a report indicating that the

left main tank boost pump power wire

conductor was exposed at three areas

inside the conduit. At least one of the

areas exhibited signs of arcing to the

wall of the conduit. In addition, several

reports of severe chafing had been

received since the issuance of

telegraphic AD T98–10–51. The actions

required by telegraphic AD T98–11–51

were intended to detect and correct

chafing and electrical arcing between

the fuel boost pump wiring and the

surrounding conduit, which, if not

corrected, could result in arc-through of

the conduit, and consequent fire or

explosion of the fuel tank.

In telegraphic AD T98–11–51, the

FAA required inspection of airplanes

that had accumulated between 40,000

and 50,000 total flight hours based on

the significance of the problems on the

high-time airplanes reported at that

time, and the lack of available data for

airplanes that had accumulated between

40,000 and 50,000 total flight hours.

However, the FAA indicated in that

telegraphic AD that it would continue to

monitor inspection reports to determine

whether an adjustment to the

compliance time was warranted.

Issuance of Telegraphic AD T98–11–52

Since the issuance of telegraphic AD

T98–11–51, the FAA has received

inspection results indicating that

exposed copper wire and significant

chafing was found on other Model 737–

200 series airplanes that had

accumulated flight hours below those

specified in earlier reports.

The FAA has determined that it is

necessary to expand the inspection

requirement to airplanes that have

accumulated less than 40,000 total flight

hours. This is necessary to ensure that

these airplanes have not also developed

a problem with chafing and electrical

arcing between the fuel boost pump

wiring and the surrounding conduit.

When telegraphic AD T98–11–51

superseded telegraphic AD T98–10–51,

the FAA had received inspection reports

indicating that the center fuel tank boost

pump wiring was not showing chafing

and did not present a safety of flight

problem on Model 737–100 and –200

series airplanes. (It should be noted that

the center fuel tank boost pump wiring