[Federal Register Volume 62, Number 236 (Tuesday, December 9, 1997)]
[Rules and Regulations]
[Pages 64680-64682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32112]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-NM-37-AD; Amendment 39-10236; AD 97-25-12]
RIN 2120-AA64
Airworthiness Directives; Bombardier Model CL-44 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 Bombardier Model CL-44 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.
DATES: Effective January 13, 1998.
ADDRESSES: This information 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, Flight Test Pilot,
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 Bombardier Model CL-44 series
airplanes was published in the Federal Register on May 28, 1997 (62 FR
28813). That action proposed to require revising the Limitations
Section of the FAA-approved Airplane Flight Manual (AFM) to modify the
limitation that prohibits 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.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due
[[Page 64681]]
consideration has been given to the comments received.
Request to Withdraw the Proposal
One commenter, the manufacturer, considers that a revision to the
Limitations Section of the AFM, issued on December 6, 1996, fully meets
the intent of the proposed rule. Therefore, the manufacturer concludes
that an AD for the Model CL-44 series airplane is not required.
The FAA does not concur that inserting the AFM revision referenced
by the commenter into the AFM provides an adequate method of compliance
with the final rule. That revision does not contain reference to the
fact that failure to observe the prohibition may cause loss of airplane
control, and as such, does not completely meet the intent of the rule.
The FAA acknowledges that revising the AFM to add the phrase ``loss of
airplane control'' as a consequence of failure to observe the
prohibition would provide adequate compliance with the requirements of
the final rule. Therefore, the FAA will consider requests for approval
of an alternative method of compliance in accordance with the
provisions of paragraph (b) of this AD.
Request to Clarify That No Accidents Occurred on the CL-44
This same commenter notes that the text of the proposed rule does
not make it clear that no accidents have occurred on Model CL-44 series
airplanes as a result of ground propeller beta range being used
improperly during flight. The commenter requests that the FAA clarify
this in the final rule.
The FAA acknowledges that no accidents have occurred involving
Model CL-44 series airplanes that have been attributed to ground
propeller beta range being used improperly during flight. However, the
FAA considers that the wording of the Summary section of the proposed
rule that states, ``This proposal is prompted by incidents and
accidents involving airplanes equipped with turboprop engines in which
the ground propeller beta range was used improperly during flight,'' is
correct. The fact that the FAA did not specifically name each
manufacturer and airplane model on which those incidents or accidents
occurred does not negate the fact that such incidents and accidents did
occur on airplanes equipped with turboprop engines. The FAA finds that
no change to the final rule is necessary.
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., 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 comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the changes previously
described. The FAA has determined that these changes will neither
increase the economic burden on any operator nor increase the scope of
the AD.
Cost Impact
The FAA estimates that 1 Bombardier Model CL-44 series airplane of
U.S. registry will be affected by this AD, that it will take
approximately 1 work hour to accomplish the proposed 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 for the one affected 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:
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:
97-25-12 Bombardier, Inc. (Formerly Canadair): Amendment 39-10236.
Docket 97-NM-37-AD.
Applicability: All Model CL-44 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.,
ground fine pitch) while
[[Page 64682]]
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 Principal
Maintenance 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 January 13, 1998.
Issued in Renton, Washington, on December 2, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 97-32112 Filed 12-8-97; 8:45 am]
BILLING CODE 4910-13-U
