[Federal Register Volume 62, Number 102 (Wednesday, May 28, 1997)]
[Rules and Regulations]
[Pages 28796-28798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13846]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-NM-33-AD; Amendment 39-10038; AD 97-11-09]
RIN 2120-AA64
Airworthiness Directives; Bombardier Model CL-215T Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to all Bombardier Model CL-215T series airplanes. This
action requires revising the Airplane Flight Manual (AFM) to modify the
limitation that prohibits the positioning of the power levers below the
flight idle stop during flight, and to add 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
propeller ground beta range was used improperly during flight. The
actions specified in 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 June 12, 1997.
Comments for inclusion in the Rules Docket must be received on or
before July 28, 1997.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 97-NM-33-AD, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056.
The information concerning this amendment may be obtained from or
examined at the FAA, Transport Airplane Directorate, 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,
Engine and Propeller Directorate, Systems and Flight Test Branch, ANE-
172, FAA, 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: In recent years, the FAA has received
reports of 14 incidents and/or accidents involving intentional or
inadvertent operation of the propellers in the beta range during flight
on airplanes equipped with turboprop engines. (For the purposes of this
amendment, Beta is defined as the range of propeller operation intended
for use during taxi, ground idle, or reverse operations as controlled
by the power lever settings aft of the flight idle stop.)
Five of the fourteen in-flight beta occurrences were classified as
accidents. In each of these five cases, operation of the propellers in
the beta range occurred during flight. Operation of the propellers in
the beta range during flight, if not prevented, could result in loss of
airplane controllability, or engine overspeed with consequent loss of
engine power.
Communication between the FAA and the public during a meeting held
on June 11-12, 1996, in Seattle, Washington, revealed a lack of
consistency of the information on in-flight beta operation contained in
the FAA-approved Airplane Flight Manual (AFM) for airplanes that are
not certificated for in-flight operation with the power levers below
the flight idle stop. (Airplanes that are certificated for this type of
operation are not affected by the above-referenced conditions.)
FAA's Determinations
The FAA has examined the circumstances and reviewed all available
information related to the incidents and accidents described
previously. The FAA finds that the Limitations Section of the AFM's for
[[Page 28797]]
certain airplanes must be revised to prohibit positioning the power
levers below the flight idle stop while the airplane is in flight, and
to provide a statement of the consequences of positioning the power
levers below the flight idle stop. The FAA has determined that the
affected airplanes include those that are equipped with turboprop
engines and that are not certificated for in-flight operation with the
power levers below the flight idle stop. Since Bombardier Model CL-215T
series airplanes meet these criteria, the FAA finds that the AFM for
these airplanes must be revised to include the limitation and statement
of consequences described previously.
U.S. Type Certification of the Airplane
This airplane model is manufactured in Canada and is type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. The FAA has reviewed
all available information, and determined that AD action is necessary
for products of this type design that are certificated for operation in
the United States.
Explanation of Requirements of Proposed Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, this AD is being issued 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.
This AD requires revising 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, and to provide a statement of the
consequences of positioning the power levers below the flight idle stop
while the airplane is in flight.
This is considered to be interim action until final action is
identified, at which time the FAA may consider additional rulemaking.
Cost Impact
None of the Bombardier Model CL-215T series airplanes affected by
this action are on the U.S. Register. All airplanes included in the
applicability of this rule currently are operated by non-U.S. operators
under foreign registry; therefore, they are not directly affected by
this AD action. However, the FAA considers that this rule is necessary
to ensure that the unsafe condition is addressed in the event that any
of these subject airplanes are imported and placed on the U.S. Register
in the future.
Should an affected airplane be imported and placed on the U.S.
Register in the future, it would require approximately 1 work hour to
accomplish the required actions, at an average labor charge of $60 per
work hour. Based on these figures, the cost impact of this AD would be
$60 per airplane.
Determination of Rule's Effective Date
Since this AD action does not affect any airplane that is currently
on the U.S. register, it has no adverse economic impact and imposes no
additional burden on any person. Therefore, prior notice and public
procedures hereon are unnecessary and the amendment may be made
effective in less than 30 days after publication in the Federal
Register.
Comments Invited
Although this action is in the form of a final rule and was not
preceded by notice and opportunity for public comment, comments are
invited on this rule. Interested persons are invited to comment on this
rule by submitting such written data, views, or arguments as they may
desire. Communications shall identify the Rules Docket number and be
submitted in triplicate to the address specified under the caption
ADDRESSES. All communications received on or before the closing date
for comments will be considered, and this rule may be amended in light
of the comments received. Factual information that supports the
commenter's ideas and suggestions is extremely helpful in evaluating
the effectiveness of the AD action and determining whether additional
rulemaking action would be needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 97-NM-33-AD.'' The postcard will be date stamped and
returned to the commenter.
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:
97-11-09 Bombardier (Formerly Canadair): Amendment 39-10038. Docket
97-NM-33-AD.
Applicability: All Model CL-215T 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
[[Page 28798]]
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 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 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 June 12, 1997.
Issued in Renton, Washington, on May 19, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 97-13846 Filed 5-27-97; 8:45 am]
BILLING CODE 4910-13-U
