[Federal Register Volume 62, Number 243 (Thursday, December 18, 1997)]
[Rules and Regulations]
[Pages 66268-66269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32991]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-CE-41-AD; Amendment 39-10255; AD 97-26-12]
RIN 2120-AA64
Airworthiness Directives; The New Piper Aircraft, Inc. Models PA-
31T, PA-31T1, PA-31T2, PA-31T3, PA-42, PA-42-720, and PA-42-1000
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
applies to all The New Piper Aircraft, Inc. (Piper) Models PA-31T, PA-
31T1, PA-31T2, PA-31T3, PA-42, PA-42-720, and PA-42-1000 airplanes.
This AD requires amending 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. This AFM
amendment will include a statement of consequences if the limitation is
not followed. This AD results from numerous incidents and five
documented accidents involving airplanes equipped with turboprop
engines where the propeller beta was improperly utilized during flight.
The actions specified by this AD are intended to prevent loss of
airplane control 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: January 28, 1998.
ADDRESSES: Information related to this AD may be examined at the
Federal Aviation Administration (FAA), Central Region, Office of the
Regional Counsel, Attention: Rules Docket No. 97-CE-41-AD, Room 1558,
601 E. 12th Street, Kansas City, Missouri 64106.
FOR FURTHER INFORMATION CONTACT: Wayne A. Shade, Aerospace Engineer,
FAA, Atlanta Certification Office, 1895 Phoenix Boulevard, suite 450,
Atlanta, Georgia 30349; telephone (770) 703-6094; facsimile (770) 703-
6097.
SUPPLEMENTARY INFORMATION:
Events Leading to the Issuance of This AD
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to include an AD that would apply to Piper Models PA-31T,
PA-31T1, PA-31T2, PA-31T3, PA-42, PA-42-720, and PA-42-1000 airplanes
was published in the Federal Register as a notice of proposed
rulemaking (NPRM) on July 24, 1997 (62 FR 39793).
The NPRM proposed to require amending the Limitations Section of
the AFM to prohibit the positioning of the power levers below the
flight idle stop while the airplane is in flight, including a statement
of consequences if the limitation is not followed. This AFM amendment
shall consist of the following language:
Positioning of power levers below the flight idle stop while the
airplane is in flight is prohibited. Such positioning could lead to
loss of airplane control or may result in an overspeed condition and
consequent loss of engine power.
The NPRM was the result of numerous incidents and five documented
accidents involving airplanes equipped with turboprop engines where the
propeller beta was improperly utilized during flight.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the one comment received on the NPRM. No comments were received
regarding the FAA's determination of the cost to the public.
Comment Disposition
The commenter states that the applicability statement of the NPRM
is unclear. The commenter explains that the NPRM references Models PA-
42, PA-42-720, and PA-42-1000 airplanes. No reference is made to Model
PA-42-720R airplanes. The commenter explains that since common practice
is for the FAA to refer to groups of aircraft as a ``series'', a
reasonable inference would be that the Model PA-42-720R airplanes
should be included in the applicability of the NPRM. On the other hand,
the Model PA-42-720R airplanes are covered by another type certificate
than the models referenced in the NPRM so one could also infer that the
Model PA-42-720R airplanes should not be included. The commenter asks
for clarification on this issue and requests that the FAA not make such
obvious differing inferences.
The FAA concurs that the NPRM references Models PA-42, PA-42-720,
and PA-42-1000 airplanes, and that no reference is made to Model PA-42-
720R airplanes. The FAA also concurs that referencing the term
``series'' in the Applicability section of an AD could cause confusion.
The FAA is making a conscious effort to list all affected models in the
Applicability section of all AD's, as was done in the NPRM. The term
series in the Applicability section puts the burden of interpreting
which airplanes are affected on the owners/operators. The term
``series'' is acceptable when referring to a large number of airplane
models in the narrative of the preamble of the AD. In this NPRM, the
FAA's intent was to not include the Model PA-42-720R airplanes. All
affected models are listed in the Applicability section. No changes to
the final rule have been made as a result of this comment.
The FAA's Determination
After careful review of all available information related to the
subject presented above, the FAA has
[[Page 66269]]
determined that air safety and the public interest require the adoption
of the rule as proposed except for minor editorial corrections. The FAA
has determined that these minor corrections will not change the meaning
of the AD and will not add any additional burden upon the public than
was already proposed.
Compliance Time of This AD
The FAA has determined that the compliance time of this AD should
be specified in calendar time instead of hours time-in-service. While
the condition addressed by this AD is unsafe while the airplane is in
flight, the condition is not a result of repetitive airplane operation;
the potential of the unsafe condition occurring is the same on the
first flight as it is for subsequent flights. The compliance time of
``30 days after the effective date of this AD'' will not inadvertently
ground airplanes and would assure that all owners/operators of the
affected airplanes accomplish this AD in a reasonable time period.
Cost Impact
The FAA estimates that 607 airplanes in the U.S. registry will be
affected by this AD, that it will take approximately 1 workhour per
airplane to incorporate the required AFM amendment, and that the
average labor rate is approximately $60 an hour. Since an owner/
operator who holds at least a private pilot's certificate can
accomplish this AD, as authorized by sections 43.7 and 43.9 of the
Federal Aviation Regulations (14 CFR 43.7 and 43.9), the only cost
impact upon the public is the time it will take the affected airplane
owner/operators to amend the AFM.
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 copy of the final 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.
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 a new airworthiness directive
(AD) to read as follows:
97-26-12 The New Piper Aircraft, Inc.: Amendment 39-10255; Docket
No. 97-CE-39-AD.
Applicability: Models PA-31T, PA-31T1, PA-31T2, PA-31T3, PA-42,
PA-42-720, and PA-42-1000 airplanes, all serial numbers,
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 within the next 30 days after the effective
date of this AD, unless already accomplished.
To prevent loss of airplane control 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) Amend the Limitations Section of the airplane flight manual
(AFM) by inserting the following language:
``Positioning of power levers below the flight idle stop while
in flight is prohibited. Such positioning could lead to loss of
airplane control or may result in an engine overspeed condition and
consequent loss of engine power.''
(b) This action may be accomplished by incorporating a copy of
this AD into the Limitations Section of the AFM.
(c) Amending the AFM, as required by this AD, may be performed
by the owner/operator holding at least a private pilot certificate
as authorized by section 43.7 of the Federal Aviation Regulations
(14 CFR 43.7), and must be entered into the aircraft records showing
compliance with this AD in accordance with section 43.9 of the
Federal Aviation Regulations (14 CFR 43.9).
(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) An alternative method of compliance or adjustment of the
compliance time that provides an equivalent level of safety may be
approved by the Manager, Atlanta Aircraft Certification Office
(ACO), Campus Building, 1701 Columbia Avenue, suite 2-160, College
Park, Georgia 30337-2748. The request shall be forwarded through an
appropriate FAA Maintenance 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.
(f) Information related to this AD may be examined at the FAA,
Central Region, Office of the Regional Counsel, Room 1558, 601 E.
12th Street, Kansas City, Missouri 64106.
(g) This amendment (39-10255) becomes effective on January 28,
1998.
Issued in Kansas City, Missouri, on December 10, 1997.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 97-32991 Filed 12-17-97; 8:45 am]
BILLING CODE 4910-13-U
