[Federal Register Volume 62, Number 219 (Thursday, November 13, 1997)]
[Rules and Regulations]
[Pages 60777-60778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29825]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-NM-34-AD; Amendment 39-10203; AD 97-23-14]
RIN 2120-AA64
Airworthiness Directives; Fairchild Model FH-227 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 all Fairchild Model FH-227 series airplanes, that
requires revising the Airplane Flight Manual (AFM) to prohibit
positioning of the power levers below the flight idle stop during
flight, and to add a statement of the consequences of such positioning
of the power levers. This amendment is prompted by incidents and
accidents involving airplanes equipped with turboprop engines in which
the propeller ground 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 when the airplane is in flight.
EFFECTIVE DATE: December 18, 1997.
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, Engine and Propeller Directorate, New York
Aircraft Certification Office, 10 Fifth Street, Third Floor, Valley
Stream, New York.
FOR FURTHER INFORMATION CONTACT: Peter LeVoci, 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 11581; telephone (516) 256-7514;
fax (516) 568-2716.
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 Fairchild Model FH-227 series
airplanes was published in the Federal Register on April 24, 1997 (62
FR 19951). That action proposed to require revising the Limitations
Section of the Airplane Flight Manual (AFM) to prohibit 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.
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.
Conditional Support for the Proposal
The commenter supports the intent of the proposed rule, but remarks
that, if an inherent design problem exists on the affected airplanes to
allow flightcrews to select the power levers below the flight idle stop
while in flight, the FAA should consider the addition of a mechanical
means to preclude such selection. The FAA acknowledges the commenter's
concern, and may consider additional rulemaking to address that concern
in the future on certain airplanes. However, until such final action is
identified, the FAA considers it appropriate to proceed with issuance
of this AD. No change to the AD is required.
Clarification of the Rule
Since the issuance of the NPRM, the FAA has noted that operations
manuals for certain airplanes equipped with Dart turboprop engines may
contain reference to ``ground fine pitch'' rather than ``operations
below the flight idle stop,'' as specified in the proposed rule.
Although the operations manuals refer to both of those phrases, the FAA
finds that some clarification is necessary. Therefore, the FAA has
added the phrase ``(i.e., including ground fine pitch)'' in paragraph
(a) of the final rule as a parenthetical definition of ``operations
below the flight idle stop'' in the final 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 with the change previously
described. The FAA has determined that this change will neither
increase the economic burden on any operator nor increase the scope of
the AD.
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 there are approximately 45 Fairchild Model
FH-227 series airplanes of the affected design in the worldwide fleet.
The FAA estimates that 1 airplane 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 the
single U.S. operator is estimated to be $60.
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 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
[[Page 60778]]
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.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
97-23-14 Maryland Air Industries: Amendment 39-10203. Docket 97-NM-
34-AD.
Applicability: All Fairchild Model FH-227 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 (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 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.
(d) This amendment becomes effective on December 18, 1997.
Issued in Renton, Washington, on November 6, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 97-29825 Filed 11-12-97; 8:45 am]
BILLING CODE 4910-13-U
