[Federal Register Volume 62, Number 232 (Wednesday, December 3, 1997)]
[Rules and Regulations]
[Pages 63836-63837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31682]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-CE-20-AD; Amendment 39-10226; AD 97-25-03]
RIN 2120-AA64
Airworthiness Directives; Raytheon Aircraft Company 65, 90, 99,
100, 200, 300, 1900, and 2000 Series 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 Raytheon Aircraft Company (Raytheon) 65, 90, 99, 100,
200, 300, 1900, and 2000 series airplanes. This AD requires amending
the Limitations Section of the airplane flight manual (AFM) to prohibit
lifting or positioning 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 nose down pitch and a descent rate leading to
aircraft damage and injury to personnel caused by the power levers
being positioned below the flight idle stop or the power levers being
lifted while the airplane is in flight.
EFFECTIVE DATE: January 21, 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-20-AD, Room 1558,
601 E. 12th Street, Kansas City, Missouri 64106.
FOR FURTHER INFORMATION CONTACT: William Schinstock, Aerospace
Engineer, Wichita Aircraft Certification Office, FAA, 1801 Airport
Road, Wichita, Kansas 67209; telephone (316) 946-4162; facsimile (316)
946-4407.
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 the following was
published in the Federal Register as a notice of proposed rulemaking
(NPRM) on July 2, 1997 (62 FR 35704): Raytheon Models 65-90, 65-A90,
65-A90-1, 65-A90-3, 65-A90-4, B90, C90, C90(SE), C90A, C90B, E90, F90,
H90, 99, 99A, A99, A99A, B99, C99, 100, A100, A100A, A100C, B100, 200,
200C, 200CT, 200T, A200, A200C, A200CT, B200, B200C, B200T, B200CT,
300, B300, B300C, 1900, 1900C, 1900D, and 2000 airplanes.
The NPRM proposed to require amending the Limitations Section of
the AFM to prohibit lifting or positioning 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:
Do not lift the power levers in flight. Lifting the power levers
in flight or moving the power levers in flight below the flight idle
position could result in nose down pitch and a descent rate leading
to aircraft damage and injury to personnel.
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. No comments were received on the
proposed rule or the FAA's determination of the cost to the public.
The FAA's Determination
After careful review of all available information related to the
subject presented above, the FAA has 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
[[Page 63837]]
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 3,093 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 or POH.
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:
97-25-03 Raytheon Aircraft Company: Amendment 39-10226; Docket No.
97-CE-20-AD.
Applicability: Models 65-90, 65-A90, 65-A90-1, 65-A90-3, 65-A90-
4, B90, C90, C90(SE), C90A, C90B, E90, F90, H90, 99, 99A, A99, A99A,
B99, C99, 100, A100, A100A, A100C, B100, 200, 200C, 200CT, 200T,
A200, A200C, A200CT, B200, B200C, B200T, B200CT, 300, B300, B300C,
1900, 1900C, 1900D, and 2000 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 nose down pitch and a descent rate leading to
aircraft damage and injury to personnel caused by the power levers
being positioned below the flight idle stop or the power levers
being lifted 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:
Do not lift the power levers in flight. Lifting the power levers
in flight or moving the power levers in flight below the flight idle
position could result in nose down pitch and a descent rate leading
to aircraft damage and injury to personnel.
(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, Wichita Aircraft Certification Office
(ACO), FAA, 1801 Airport Road, Wichita, Kansas. The request shall be
forwarded through an appropriate FAA Maintenance Inspector, who may
add comments and then send it to the Manager, Wichita ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Wichita 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 (39-10226) becomes effective on January 21,
1998.
Issued in Kansas City, Missouri, on November 25, 1997.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 97-31682 Filed 12-2-97; 8:45 am]
BILLING CODE 4910-13-U
