Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations 36553

control from which recovery may not be

possible.’’

(2) For Model F27 Mark 050 series

airplanes, insert the following:

‘‘Warning: Do not attempt to select ground

idle in flight. In case of failure of the flight

idle stop, this would lead to loss of control

from which recovery may not be possible.’’

(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.

(d) This amendment becomes effective on

August 11, 1998.

Issued in Renton, Washington, on June 30,

1998.

Vi L. Lipski,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–17948 Filed 7–6–98; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–72–AD; Amendment

39–10647; AD 98–14–14]

RIN 2120–AA64

Airworthiness Directives;

Turbopropeller-Powered McDonnell

Douglas Model DC–3 and DC–3C

Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain McDonnell

Douglas Model DC–3 and DC–3C series

airplanes, that requires 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

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

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.

EFFECTIVE DATE: August 11, 1998.

ADDRESSES: Information pertaining to

this amendment may be examined at the

Federal Aviation Administration (FAA),

Transport Airplane Directorate, Rules

Docket, 1601 Lind Avenue, SW.,

Renton, Washington; or at the FAA, Los

Angeles Aircraft Certification Office,

3960 Paramount Boulevard, Lakewood,

California.

FOR FURTHER INFORMATION CONTACT:

Frank Hoerman, Aerospace Engineer,

Flight Test Branch, ANM–160L, FAA,

Los Angeles Aircraft Certification

Office, 3960 Paramount Boulevard,

Lakewood, California 90712; telephone

(562) 527–5371; fax (562) 625–5210.

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 certain McDonnell

Douglas Model DC–3 and DC–3C series

airplanes was published in the Federal

Register on January 8, 1998 (63 FR

1072). 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

There are approximately 21

turbopropeller-powered McDonnell

Douglas Model DC–3 and DC–3C series

airplanes of the affected design in the

worldwide fleet. The FAA estimates that

5 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 $300, 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:
36554 Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations

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:

98–14–14 McDonnell Douglas: Amendment

39–10647. Docket 97–NM–72–AD.

Applicability: All turbopropeller-powered

McDonnell Douglas Model DC–3 and DC–3C

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 (c) 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) For turbopropeller-powered McDonnell

Douglas Model DC–3 and DC–3C series

airplanes on which Rolls-Royce Dart 510

engines are installed: 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 (i.e., including ground fine

pitch) while the airplane is in flight is

prohibited. Such positioning may lead to loss

of airplane control or may result in an

overspeed condition with consequent loss of

engine power.’’

(b) For turbopropeller-powered McDonnell

Douglas Model DC–3 and DC–3C series

airplanes other than those identified in

paragraph (a) of this AD: 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 with consequent loss of

engine power.’’

(c) 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 Aircraft Certification Office (ACO),

FAA, Transport Airplane Directorate.

Operators shall submit their requests through

an appropriate FAA Principal Operations

Inspector, who may add comments and then

send it to the Manager, Los Angeles ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles ACO.

(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) This amendment becomes effective on

August 11, 1998.

Issued in Renton, Washington, on June 30,

1998.

Vi L. Lipski,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–17955 Filed 7–6–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98–AWP–14]

Revision of Class D Airspace, San

Diego, North Island NAS, CA

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule; request for

comments.

SUMMARY: This action will amend the

Class D airspace area operating times at

San Diego, North Island Naval Air

Station, (NZY) Halsey Field, CA. In

April of 1998 the U.S. Navy reduced the

hours of operation of the Air Traffic

Control Tower (ATCT) at NZY. The

reduction of the ATCT hours of

operation has made this action

necessary. The intended effect of this

action is to modify the hours of the NZY

Class D airspace area in the legal

description of the controlled airspace.

This action does not involve a change in

the dimensions or operating

requirements of that airspace containing

Instrument Flight Rules (IFR) operations

at NZY.

DATES: EFFECTIVE DATE: 0901 UTC

October 8, 1998. Comment date:

Comments for inclusion in the Rules

Docket must be received on or before

August 6, 1998.

ADDRESSES: Send comments on the

direct final rule in triplicate to: Federal

Aviation Administration, Attn:

Manager, Airspace Branch, AWP–520,

Docket No. 98–AWP–14, Air Traffic

Division, P.O. Box 92007, Worldway

Postal Center, Los Angeles, California

90009.

The official docket may be examined

in the Office of the Assistant Chief

Counsel, Western-Pacific Region,

Federal Aviation Administration, Room

6007, 15000 Aviation Boulevard,

Lawndale, California 90261.

An informal docket may also be

examined during normal business hours

at the Office of the Manager, Airspace

Branch, Air Traffic Division at the above

address.

FOR FURTHER INFORMATION CONTACT:

Debra Trindle, Airspace Specialist,

Airspace Branch, AWP–520, Air Traffic

Division, Western-Pacific Region,

Federal Aviation Administration, 15000

Aviation Boulevard, Lawndale,

California 90261, telephone (310) 725–

6613.

SUPPLEMENTARY INFORMATION: This

action will change the airspace legal

description to reflect the new operating

hours of the Class D airspace area of

NZY. The 1998 reduction of the ATCT

hours of operation has made this action

necessary. The intended effect of this

action is to modify the hours of the NZY

Class D airspace area in the legal

description of the controlled airspace.

Class D airspace areas are published in

Paragraph 5000 of FAA Order 7400.9E

dated September 10, 1997, and effective

September 16, 1997, which is

incorporated by reference in 14 CFR

71.1. The Class D airspace designation

listed in this document would be

published subsequently in this Order.

The Direct Final Rule Procedure

The FAA anticipates that this

regulation will not result in adverse or

negative comment and therefore is

issuing it as a direct final rule. Unless

a written adverse or negative comment,

or a written notice of intent to submit

an adverse or negative comment is

received within the comment period,

the regulation will become effective on

the date specified above. After the close

of the comment period, the FAA will

publish a document in the Federal

Register indicating that no adverse or

negative comments were received and

confirming the date on which the final

rule will become effective. If the FAA

does receive, within the comment

period, an adverse or negative comment,

or written notice of intent to submit

such a comment, a document

withdrawing the direct final rule will be

published in the Federal Register, and

a notice of proposed rulemaking may be

published with a new comment period.