[Federal Register Volume 62, Number 142 (Thursday, July 24, 1997)]
[Proposed Rules]
[Pages 39793-39795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19485]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-41-AD]
RIN 2120-AA64


Airworthiness Directives; The New Piper Aircraft, Inc. Models PA-
31T, PA-31T1, PA-31T2, PA-31T3, PA-42, PA-42-720, and PA-42-1000 
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 The New Piper Aircraft, Inc. (Piper) Models 
PA-31T, PA-31T1, PA-31T2, PA-31T3, PA-42, PA-42-720, and PA-42-1000 
airplanes. The proposed AD would require amending 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. This amendment would include a statement of consequences if the 
limitation is not followed. The proposed AD is the 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 loss of airplane control 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.

DATES: Comments must be received on or before October 3, 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-41-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:
Wayne A. Shade, Aerospace Engineer, FAA, Atlanta Aircraft Certification 
Office, Campus Building, 1701 Columbia Avenue, suite 2-160, College 
Park, Georgia 30337-2748; telephone (404) 305-7337; facsimile (404) 
305-7348.

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-41-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-41-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 consequently 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

[[Page 39794]]

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 of power 
levers below the flight idle stop while the airplane is in flight, 
including a statement of consequence if the limitation is not followed; 
and
     Because Piper Models PA-31T, PA-31T1, PA-31T2, PA-31T3, 
PA-42, PA-42-720, and PA-42-1000 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 prohibits and explains the 
consequences of such operation, AD action should be taken. The proposed 
AD is intended to prevent loss of airplane control 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.

Explanation of the Provisions of the Proposed AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other Piper Models PA-31T, PA-31T1, PA-31T2, PA-
31T3, PA-42, PA-42-720, and PA-42-1000 airplanes of the same type 
design, the proposed AD would require amending 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, including a statement 
of consequences if the limitation is not followed. This AFM amendment 
shall consist of the following language:

    Positioning of power levers below the flight idle stop while in 
flight is prohibited. Such positioning could lead to loss of 
airplane control or may result in an engine overspeed condition and 
consequent loss of engine power.

Possible Alternative to the Proposed AD

    Piper is determining whether it will develop AFM revisions for the 
affected airplanes. If Piper does develop AFM revisions and they 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 607 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 owners/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--AIR WORTHINESS 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:

The New Piper Aircraft, Inc.: Docket No. 97-CE-41-AD. Applicability: 
Models PA-31T, PA-31T1, PA-31T2, PA-31T3, PA-42, PA-42-720, and PA-
42-1000 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 loss of airplane control 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) Amend the Limitations Section of the airplane flight manual 
(AFM) by inserting the following language:

    Positioning of power levers below the flight idle stop while in 
flight is prohibited. Such positioning could lead to loss of 
airplane control or may result in an engine overspeed condition and 
consequent loss of engine power.

    (b) This action may be accomplished by incorporating a copy of 
this AD into the Limitations Section of the AFM.

[[Page 39795]]

    (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, Atlanta Aircraft Certification Office 
(ACO), Campus Building, 1701 Columbia Avenue, suite 2-160, College 
Park, Georgia 30337-2748. The request shall be forwarded through an 
appropriate FAA Maintenance 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.

    (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 July 17, 1997.
Carolanne L. Cabrini,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-19485 Filed 7-23-97; 8:45 am]
BILLING CODE 4910-13-M