[Federal Register Volume 63, Number 121 (Wednesday, June 24, 1998)]
[Rules and Regulations]
[Pages 34269-34271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16492]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-NM-304-AD; Amendment 39-10620; AD 98-13-29]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-120 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 EMBRAER Model EMB-120 series airplanes, that requires
revising the Airplane Flight Manual (AFM) to prohibit positioning the
power levers below the flight idle stop. 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
[[Page 34270]]
controllability 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: July 29, 1998.
ADDRESSES: Information pertaining to this rulemaking action may be
examined at the Federal Aviation Administration (FAA), Transport
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton,
Washington; or at the FAA, Small Airplane Directorate, Atlanta Aircraft
Certification Office, One Crown Center, 1895 Phoenix Boulevard, suite
450, Atlanta, Georgia.
FOR FURTHER INFORMATION CONTACT: Wayne A. Shade, Aerospace Engineer,
Airframe and Propulsion Branch, ACE-117A , the FAA, Small Airplane
Directorate, Atlanta Aircraft Certification Office, One Crown Center,
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30349; telephone
(770) 703-7337; fax (770) 703-6097.
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 EMBRAER Model EMB-120 series
airplanes was published in the Federal Register on April 27, 1998 (63
FR 20550). That action proposed to require revising 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, and to add a statement of the consequences of positioning the
power levers below the flight idle stop while the airplane is in
flight.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. No comments were submitted in response
to the proposal or the FAA's determination of the cost to the public.
Conclusion
The FAA has determined that air safety and the public interest
require the adoption of the rule as proposed.
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 235 EMBRAER Model EMB-120 series airplanes
of U.S. registry will be affected by this AD, that it will take
approximately 1 work hour per airplane to accomplish the required
actions, and that the average labor rate is $60 per work hour. Based on
these figures, the cost impact of the AD on U.S. operators is estimated
to be $14,100, or $60 per 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:
98-13-29 Embraer: Amendment 39-10620. Docket 97-NM-304-AD.
Applicability: All Model EMB-120 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
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) 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 in
flight is prohibited. Such positioning may result in an engine
overspeed condition with consequent loss of engine and potential
excessive asymmetric propeller drag reducing aircraft
controllability.''
(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, FAA, Small Airplane Directorate,
Atlanta Aircraft Certification Office (ACO). Operators shall submit
their requests through an appropriate FAA Principal Operations
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.
(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 July 29, 1998.
[[Page 34271]]
Issued in Renton, Washington, on June 16, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-16492 Filed 6-23-98; 8:45 am]
BILLING CODE 4910-13-P
