[Federal Register Volume 62, Number 219 (Thursday, November 13, 1997)]
[Rules and Regulations]
[Pages 60777-60778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29825]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-34-AD; Amendment 39-10203; AD 97-23-14]
RIN 2120-AA64


Airworthiness Directives; Fairchild Model FH-227 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 FH-227 series airplanes, that 
requires revising the Airplane Flight Manual (AFM) to prohibit 
positioning of the power levers below the flight idle stop during 
flight, and to add a statement of the consequences of such positioning 
of the power levers. 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 when 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, Engine and Propeller Directorate, New York 
Aircraft Certification Office, 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, Engine and Propeller 
Directorate, 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: 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 FH-227 series 
airplanes was published in the Federal Register on April 24, 1997 (62 
FR 19951). 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 add 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 single comment received.

Conditional Support for the Proposal

    The 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.

Clarification of the Rule

    Since the issuance of the NPRM, the FAA has noted that operations 
manuals for certain airplanes equipped with Dart turboprop engines may 
contain reference to ``ground fine pitch'' rather than ``operations 
below the flight idle stop,'' as specified in the proposed rule. 
Although the operations manuals refer to both of those phrases, the FAA 
finds that some clarification is necessary. Therefore, the FAA has 
added the phrase ``(i.e., including ground fine pitch)'' in paragraph 
(a) of the final rule as a parenthetical definition of ``operations 
below the flight idle stop'' in the final rule.

Conclusion

    After careful review of the available data, including the comment 
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

    The FAA estimates that there are approximately 45 Fairchild Model 
FH-227 series airplanes of the affected design in the worldwide fleet. 
The FAA estimates that 1 airplane 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 the 
single U.S. operator is estimated to be $60.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed 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

[[Page 60778]]

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:

97-23-14  Maryland Air Industries: Amendment 39-10203. Docket 97-NM-
34-AD.

    Applicability: All Fairchild Model FH-227 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 
Maintenance 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 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. 97-29825 Filed 11-12-97; 8:45 am]
BILLING CODE 4910-13-U