[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