[Federal Register Volume 62, Number 127 (Wednesday, July 2, 1997)]
[Proposed Rules]
[Pages 35704-35705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17264]
[[Page 35704]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-CE-20-AD]
RIN 2120-AA64
Airworthiness Directives; Raytheon Aircraft Company 65, 90, 99,
100, 200, 300, 1900, and 2000 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes to adopt a new airworthiness directive
(AD) that would apply to all Raytheon Aircraft Company (Raytheon) 65,
90, 99, 100, 200, 300, 1900, and 2000 series airplanes. The proposed
action would require amending the Limitations Section of the airplane
flight manual (AFM) to prohibit positioning the power levers below the
flight idle stop or lifting the power levers while the airplane is in
flight. This amendment would include a statement of consequences if the
limitations are not followed. The proposed AD is a result of numerous
incidents and five documented accidents involving airplanes equipped
with turboprop engines where the propeller beta was improperly utilized
during flight. The actions specified by the proposed AD are intended to
prevent nose down pitch and a descent rate leading to aircraft damage
and injury to personnel caused by the power levers being positioned
below the flight idle stop or the power levers being lifted while the
airplane is in flight.
DATES: Comments must be received on or before September 2, 1997.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Central Region, Office of the Assistant Chief
Counsel, Attention: Rules Docket No. 97-CE-20-AD, Room 1558, 601 E.
12th Street, Kansas City, Missouri 64106. Comments may be inspected at
this location between 8 a.m. and 4 p.m., Monday through Friday,
holidays excepted.
Information related to the proposed AD may be examined at the Rules
Docket at the address above.
FOR FURTHER INFORMATION CONTACT: William Schinstock, Aerospace
Engineer, Wichita Aircraft Certification Office, FAA, 1801 Airport
Road, Wichita, Kansas 67209; telephone (316) 946-4162; facsimile (316)
946-4407.
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 should 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 that summarizes 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 No. 97-CE-20-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, Central Region, Office of the Assistant Chief Counsel,
Attention: Rules Docket No. 97-CE-20-AD, Room 1558, 601 E. 12th Street,
Kansas City, Missouri 64106.
Discussion
The FAA has received reports of 14 occurrences in recent years of
incidents or accidents on airplanes equipped with turboprop engines
related to intentional or inadvertent operation of the propellers in
the beta range during flight. Beta is 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.
Of the 14 documented in-flight beta occurrences, five were
classified as accidents. In-flight beta operation results that preceded
the accidents can be classified in one of two categories: (1) Permanent
engine damage and total loss of thrust on all engines when the
propeller that was operating in the beta range drove the engines to
overspeed; and (2) loss of airplane control because at least one
propeller operated in the beta range during flight.
The most recent accident occurred when both engines of a Saab Model
340B permanently lost power after eight seconds of beta range propeller
operation. The propellers subsequently drove the engines into
overspeed, which resulted in internal engine failure.
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 airplane flight manual (AFM) for airplanes 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.
The FAA's Determination
After examining the circumstances and reviewing all available
information related to the incidents and accidents referenced above,
the FAA has determined that:
All airplanes equipped with turboprop engines (provided
the airplane is not certificated for in-flight operation with the power
levers below the flight idle stop) should have information in the
Limitations Section of the AFM that prohibits positioning the power
levers below the flight idle stop or lifting the power levers while the
airplane is in flight; and
Because Raytheon Models 65-90, 65-A90, 65-A90-1, 65-A90-3,
65-A90-4, B90, C90, C90(SE), C90A, C90B, E90, F90, H90, 99, 99A, A99,
A99A, B99, C99, 100, A100, A100A, A100C, B100, 200, 200C, 200CT, 200T,
A200, A200C, A200CT, B200, B200C, B200T, B200CT, 300, B300, B300C,
1900, 1900C, 1900D, and 2000 airplanes are equipped with turboprop
engines, are not certificated for in-flight operation with the power
levers below the flight idle stop, and do not contain information in
the Limitations Section of the AFM that explains the consequences of
such operation, AD action should be taken. The proposed AD is intended
to prevent nose down pitch and a descent rate leading to aircraft
damage and injury to personnel caused by the power levers being
positioned below the flight idle stop or the power levers being lifted
while the airplane is in flight.
Explanation of the Provisions of the Proposed AD
Since an unsafe condition has been identified that is likely to
exist or
[[Page 35705]]
develop in other Raytheon airplanes (Models previously referenced)
airplanes of the same type design, the proposed AD would require
amending the Limitations Section of the AFM to prohibit positioning the
power levers below the flight idle stop or lifting the power levers
while the airplane is in flight, including a statement of consequences
if the limitations are not followed. This AFM amendment shall consist
of the following language:
Do not lift the power levers in flight. Lifting the power levers
in flight or moving the power levers in flight below the flight idle
position could result in nose down pitch and a descent rate leading
to aircraft damage and injury to personnel.
Possible Alternative to the Proposed AD
Raytheon is currently in the process of developing AFM revisions
for the affected airplanes. If these AFM revisions are completed and
approved by the FAA prior to issuance of the final rule, then
incorporating these revisions into the AFM will be included as a method
of complying with the AD.
Compliance Time of the Proposed AD
The FAA has determined that the compliance time of the proposed AD
should be specified in calendar time instead of hours time-in-service.
While the condition addressed by the proposed AD is unsafe while the
airplane is in flight, the condition is not a result of repetitive
airplane operation; the potential of the unsafe condition occurring is
the same on the first flight as it is for subsequent flights. The
proposed compliance time of ``30 days after the effective date of this
AD'' would not inadvertently ground airplanes and would assure that all
owners/operators of the affected airplanes accomplish the proposed
action in a reasonable time period.
Cost Impact
The FAA estimates that 3,093 airplanes in the U.S. registry would
be affected by the proposed AD, that it would take approximately 1
workhour per airplane to incorporate the proposed AFM amendment, and
that the average labor rate is approximately $60 an hour. Since an
owner/operator who holds at least a private pilot's certificate as
authorized by sections 43.7 and 43.11 of the Federal Aviation
Regulations (14 CFR 43.7 and 43.11) can accomplish the proposed action,
the only cost impact upon the public is the time it would take the
affected airplane owner/operators to amend the AFM.
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 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) 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 has been placed 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]
Section 39.13 is amended by adding a new airworthiness directive
(AD) to read as follows:
Raytheon Aircraft Company: Docket No. 97-CE-20-AD.
Applicability: Models 65-90, 65-A90, 65-A90-1, 65-A90-3, 65-A90-
4, B90, C90, C90(SE), C90A, C90B, E90, F90, H90, 99, 99A, A99, A99A,
B99, C99, 100, A100, A100A, A100C, B100, 200, 200C, 200CT, 200T,
A200, A200C, A200CT, B200, B200C, B200T, B200CT, 300, B300, B300C,
1900, 1900C, 1900D, and 2000 airplanes, all serial numbers,
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 (e) 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 within the next 30 days after the effective
date of this AD, unless already accomplished.
To prevent nose down pitch and a descent rate leading to
aircraft damage and injury to personnel caused by the power levers
being positioned below the flight idle stop or the power levers
being lifted while the airplane is in flight, accomplish the
following:
(a) Amend the Limitations Section of the airplane flight manual
(AFM) by inserting the following language:
``Do not lift the power lever in flight. Lifting the power
levers in flight or moving the power levers in flight below the
flight idle position could result in nose down pitch and a descent
rate leading to aircraft damage and injury to personnel.''
(b) This action may be accomplished by incorporating a copy of
this AD into the Limitations Section of the AFM.
(c) Amending the AFM, as required by this AD, may be performed
by the owner/operator holding at least a private pilot certificate
as authorized by section 43.7 of the Federal Aviation Regulations
(14 CFR 43.7), and must be entered into the aircraft records showing
compliance with this AD in accordance with section 43.11 of the
Federal Aviation Regulations (14 CFR 43.11).
(d) 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.
(e) An alternative method of compliance or adjustment of the
compliance time that provides an equivalent level of safety may be
approved by the Manager, Wichita Aircraft Certification Office
(ACO), FAA, 1801 Airport Road, Wichita, Kansas. The request shall be
forwarded through an appropriate FAA Maintenance Inspector, who may
add comments and then send it to the Manager, Wichita ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Wichita ACO.
(f) Information related to this AD may be examined at the FAA,
Central Region, Office of the Assistant Chief Counsel, Room 1558,
601 E. 12th Street, Kansas City, Missouri 64106.
Issued in Kansas City, Missouri, on June 25, 1997.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 97-17264 Filed 7-1-97; 8:45 am]
BILLING CODE 4910-13-U