[Federal Register Volume 62, Number 209 (Wednesday, October 29, 1997)]
[Rules and Regulations]
[Pages 56059-56061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28575]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-23-AD; Amendment 39-10181; AD 97-22-09]
RIN 2120-AA64


Airworthiness Directives; Dornier Luftfahrt GMBH Models 228-100, 
228-101, 228-200, 228-201, 228-202, and 228-212 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to all Dornier Luftfahrt GMBH (Dornier) Models 228-100, 228-
101, 228-200, 228-201, 228-202, and 228-212 airplanes. This AD requires 
amending the Limitations Section of the Dornier 228 Pilot's Operating 
Handbook (POH) to prohibit the positioning of the power levers below 
the flight idle stop while the airplane is in flight. This POH 
amendment will include a statement of consequences if the limitation is 
not followed. This AD results from 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 this 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

[[Page 56060]]

below the flight idle stop while the airplane is in flight.

EFFECTIVE DATE: December 5, 1997.

ADDRESSES: The POH revisions referenced in this document may be 
received from Dornier Luftfahrt GmbH, Postfach/P.O. Box 1103, D-82230 
Wessling, Federal Republic of Germany; telephone: (0 81 53) 300; 
facsimile: (0 81 53) 30 29 01. Information related to this AD may be 
examined at the Federal Aviation Administration (FAA), Central Region, 
Office of the Regional Counsel, Attention: Rules Docket 97-CE-23-AD, 
Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.

FOR FURTHER INFORMATION CONTACT: J. Mike Kiesov, Aerospace Engineer, 
Small Airplane Directorate, FAA, 1201 Walnut, suite 900, Kansas City, 
Missouri 64106; telephone (816) 426-6934; facsimile (816) 426-2169.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This AD

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to include an AD that would apply to all Dornier Models 
228-100, 228-101, 228-200, 228-201, 228-202, and 228-212 airplanes was 
published in the Federal Register as a notice of proposed rulemaking 
(NPRM) on July 2, 1997 (62 FR 35706).
    The NPRM proposed to require amending the Limitations Section of 
the Dornier 228 POH 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 POH 
amendment shall consist of the following language:

    Power levers selection below the flight idle (FI) gate is 
prohibited during flight. Movement of any power lever below the FI 
gate during flight could lead to loss of airplane control from which 
recovery may not be possible.

    The NPRM 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.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were received on the 
proposed rule or the FAA's determination of the cost to the public.

Actions Since Issuance of the NPRM

    In the NPRM, the FAA included a provision to include in the final 
rule any POH revisions that the manufacturer completed and were 
approved by the FAA before issuance of the final rule. Dornier has 
issued Temporary Revision No. 014, dated September 30, 1996, and the 
FAA has approved it. The FAA will incorporate this POH revision into 
the final rule.

The FAA's Determination

    After careful review of all available information related to the 
subject presented above, the FAA has determined that air safety and the 
public interest require the adoption of the rule as proposed except for 
minor editorial corrections. The FAA has determined that these minor 
corrections will not change the meaning of the AD and will not add any 
additional burden upon the public than was already proposed.

Compliance Time of This AD

    The FAA has determined that the compliance time of this AD should 
be specified in calendar time instead of hours time-in-service. While 
the condition addressed by this 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 compliance time of 
``30 days after the effective date of this AD'' will not inadvertently 
ground airplanes and would assure that all owners/operators of the 
affected airplanes accomplish this AD in a reasonable time period.

Cost Impact

    The FAA estimates that 12 airplanes in the U.S. registry will be 
affected by this AD, that it will take approximately 1 workhour per 
airplane to incorporate the required POH 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 this AD, the only cost impact upon the 
public is the time it will take the affected airplane owner/operators 
to amend the POH.

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 copy of the final 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.

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 USC 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding a new airworthiness directive 
(AD) to read as follows:

97-22-09  Dornier Luftfahrt GMBH: Amendment 39-10181; Docket No. 97-
CE-23-AD.
    Applicability: Models 228-100, 228-101, 228-200, 228-201, 228-
202, and 228-212 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

[[Page 56061]]

while the airplane is in flight, accomplish the following:
    (a) Accomplish one of the following:
    (1) Insert the following language into the Limitations section 
of the Dornier 228 Pilot's Operating Handbook (POH):
    ``Power levers selection below the flight idle (FI) gate is 
prohibited during flight. Movement of any power lever below the FI 
gate during flight could lead to loss of airplane control from which 
recovery may not be possible.''; or
    (2) Insert Dornier Temporary Revision No. 014, page 1, dated 
September 30, 1996, into the Limitations section of the Dornier 228 
POH.
    (b) This action may be accomplished by incorporating a copy of 
this AD into the Limitations Section of the Dornier 228 POH.
    (c) Amending the POH, 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, Small Airplane Directorate, FAA, 1201 
Walnut, suite 900, Kansas City, Missouri 64106. The request shall be 
forwarded through an appropriate FAA Maintenance Inspector, who may 
add comments and then send it to the Manager, Small Airplane 
Directorate.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Small Airplane Directorate.

    (f) The POH revisions referenced in this document may be 
received from Dornier Luftfahrt GmbH, Postfach/P.O. Box 1103, D-
82230 Wessling, Federal Republic of Germany. Information related to 
this AD may be examined at the FAA, Central Region, Office of the 
Regional Counsel, Room 1558, 601 E. 12th Street, Kansas City, 
Missouri 64106.
    (g) This amendment (39-10181) becomes effective on December 5, 
1997.

    Issued in Kansas City, Missouri, on October 21, 1997.
Mary Ellen A. Schutt,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-28575 Filed 10-28-97; 8:45 am]
BILLING CODE 4910-13-P