[Federal Register Volume 62, Number 219 (Thursday, November 13, 1997)]
[Rules and Regulations]
[Pages 60775-60777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29824]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-35-AD; Amendment 39-10204; AD 97-23-15]
RIN 2120-AA64


Airworthiness Directives; Fairchild Model F-27 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 Fairchild Model F-27 series airplanes, that requires 
revising the Airplane Flight Manual (AFM) to prohibit positioning power 
levers below the flight idle stop during flight, and to provide 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 by 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.

EFFECTIVE DATE: December 18, 1997.

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, New York Aircraft Certification Office, 
Engine and Propeller Directorate, 10 Fifth Street, Third Floor, Valley 
Stream, New York.

FOR FURTHER INFORMATION CONTACT: Peter LeVoci, Aerospace Engineer, 
Systems and Flight Test Branch, ANE-172, FAA, New York Aircraft 
Certification Office, Engine and Propeller Directorate, 10 Fifth 
Street, Third Floor, Valley Stream, New York 11581; telephone (516) 
256-7514; fax (516) 568-2716.

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 Fairchild Model F-27 series 
airplanes was published in the Federal Register on April 24, 1997 (62 
FR 19948). That action proposed to require revising the Limitations 
Section of the Airplane Flight Manual (AFM) 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 while the airplane is in 
flight.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Conditional Support for the Proposal

    One commenter supports the intent of the proposed rule, but remarks 
that, if an inherent design problem exists on the affected airplanes to 
allow flightcrews to select the power levers below the flight idle stop 
while in flight, the FAA should consider the addition of a mechanical 
means to preclude such selection. The FAA acknowledges the commenter's 
concern, and may consider additional rulemaking to address that concern 
in the future on certain airplanes. However, until such final action is 
identified, the FAA considers it appropriate to proceed with issuance 
of this AD. No change to the AD is required.

Request To Withdraw the Proposal

    One commenter, an operator, requests that the proposed rule be 
withdrawn for the following reasons. One, the commenter points out that 
the Fairchild Model F-27 series airplane has been type certificated for 
more than 35 years and has flown millions of flight hours without a 
single report of an intentional or inadvertent ground fine pitch (GFP) 
selection in flight. Two, the commenter's research of the flight 
manuals revealed that there is no normal or abnormal operational 
condition that would result in GFP selection being made in flight. 
Therefore, the commenter considers the unsafe condition to be a 
``perceived'' problem. Three, the commenter states that, because the 
Model F-27 series airplane is equipped with a Rolls-Royce Dart engine 
that requires a positive torque pressure on approach, the power lever 
must be positioned beyond flight

[[Page 60776]]

idle with the propeller in a corresponding position above the flight 
fine lock to maintain a positive torque pressure. Therefore, the 
commenter concludes that the system design is adequate and that an 
unsafe condition does not exist. Four, the commenter considers that the 
proposed rule would cause a ``great economic burden'' to the owners and 
operators. Five, the commenter states that the FAA did not specify that 
the ``perceived'' unsafe condition does affect airplanes built in 
accordance with the requirements of part 4B of the Civil Air 
Regulations (CAR).
    The FAA does not concur with the commenter's request to withdraw 
the proposed rule. As explained in the proposed rule, the accident/
incident history of several airplanes involving intentional or 
inadvertent operation of the propellers in the beta range indicates 
that an unsafe condition does exist on airplanes equipped with 
turboprop engines. The FAA considers that revision of the AFM, as 
required in the final rule, will ensure that pilots are reminded that 
positioning of power levers below the flight idle stop while the 
airplane is in flight is prohibited. The FAA further considers this to 
be a minimum action to ensure that pilots do not carry certain flight 
habits from an airplane design that mitigates the effects of beta 
inflight over to a design that does not.
    However, the FAA notes that the commenter addresses GFP rather than 
operations below the flight idle stop, although the operations manual 
refers to both. To clarify the usage of those terms, the FAA has added 
the phrase ``(i.e., including ground fine pitch)'' as a parenthetical 
definition of ``below the flight idle stop'' in paragraph (a) of the 
final rule.
    In addition, since operators may simply insert a copy of the AD 
into the AFM in order to comply with the requirements of this rule, the 
FAA cannot consider that action to be a ``great economic burden.''
    Finally, the FAA did not specify that the AD was also applicable to 
airplanes that had been type certificated in accordance with the 
requirements of part 4b of the CAR since, by definition, the 
applicability of this AD specifically states that the AD applies to all 
airplanes.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the change previously 
described. The FAA has determined that this change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Interim Action

    This is considered interim action until final action is identified, 
at which time the FAA may consider further rulemaking.

Cost Impact

    There are approximately 70 Fairchild Model F-27 series airplanes of 
the affected design in the worldwide fleet. The FAA estimates that 7 
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 $420, 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:

97-23-15  Maryland Air Industries: Amendment 39-10204. Docket 97-NM-
35-AD.

    Applicability: All Fairchild Model F-27 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 
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 (i.e., 
including ground fine pitch) 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 
Operations 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

[[Page 60777]]

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 December 18, 1997.

    Issued in Renton, Washington, on November 6, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-29824 Filed 11-12-97; 8:45 am]
BILLING CODE 4910-13-U