[Federal Register Volume 62, Number 102 (Wednesday, May 28, 1997)]
[Proposed Rules]
[Pages 28813-28814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13847]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 62, No. 102 / Wednesday, May 28, 1997 /
Proposed Rules
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-NM-37-AD]
RIN 2120-AA64
Airworthiness Directives; Bombardier Model CL-44 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to all Bombardier Model CL-44 series
airplanes. This proposal would require 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 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. The actions specified by the proposed 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: Comments must be received by July 7, 1997.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 97-NM-37-AD, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056. Comments may be inspected at this location
between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal
holidays.
This information may be examined at the FAA, Transport Airplane
Directorate, 601 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:
Comments Invited
Interested persons are invited to participate in the making of the
proposed 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 above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this notice may be changed in
light of the comments received.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 97-NM-37-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules
Docket No. 97-NM-37-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
In recent years, the FAA has received reports of 14 incidents and/
or accidents involving intentional or inadvertent operation of the
propellers in the ground beta range during flight on airplanes equipped
with turboprop engines. (For the purposes of this proposal, 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.)
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 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.
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
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
[[Page 28814]]
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-44 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.
Explanation of the Requirements of the Proposed AD
Since an unsafe condition has been identified that is likely to
exist or develop on other Bombardier Model CL-44 series airplanes of
the same type design, the proposed AD would require revising the
Limitations Section of the 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.
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 1 Bombardier Model CL-44 series airplane of
U.S. registry would be affected by this proposed AD, that it would take
approximately 1 work hour per airplane 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 proposed AD on U.S. operators 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 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 proposed herein would 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
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this proposed
regulation (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under the DOT
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
and (3) if promulgated, 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 draft
regulatory 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.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
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:
Bombardier, Inc. (Formerly Canadair): 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 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.
Issued in Renton, Washington, on May 19, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 97-13847 Filed 5-27-97; 8:45 am]
BILLING CODE 4910-13-U
