[Federal Register Volume 63, Number 129 (Tuesday, July 7, 1998)]
[Rules and Regulations]
[Pages 36553-36554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17955]


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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.

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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:

[[Page 36554]]

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.


Sec. 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