[Federal Register Volume 62, Number 243 (Thursday, December 18, 1997)]
[Rules and Regulations]
[Pages 66271-66272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32995]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-39-AD; Amendment 39-10256; AD 97-26-13]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
Models EMB-110P1 and EMB-110P2 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 Empresa Brasileira de Aeronautica S.A. (EMBRAER) Models 
EMB-110P1 and EMB-110P2 airplanes. This AD requires 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 AFM 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 increased propeller drag beyond the certificated limits 
caused by the power levers being positioned below the flight idle stop 
while the airplane is in flight, which could result in loss of airplane 
control or engine overspeed with consequent loss of engine power.

EFFECTIVE DATE: January 28, 1998.

ADDRESSES: Information related to this AD may be examined at the 
Federal Aviation Administration (FAA), Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 97-CE-39-AD, Room 1558, 
601 E. 12th Street, Kansas City, Missouri 64106.

FOR FURTHER INFORMATION CONTACT: Wayne A. Shade, Aerospace Engineer, 
FAA, Atlanta Certification Office, 1895 Phoenix Boulevard, suite 450, 
Atlanta, Georgia 30349; telephone (770) 703-6094; facsimile (770) 703-
6097.

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 EMBRAER Models EMB-
110P1 and EMB-110P2 airplanes was published in the Federal Register as 
a notice of proposed rulemaking (NPRM) on July 24, 1997 (62 FR 39791).
    The NPRM proposed to 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 the 
airplane is in flight is prohibited. Such positioning may result in 
increased propeller drag beyond the certificated limits.

    The NPRM was 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.

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

[[Page 66272]]

of the affected airplanes accomplish this AD in a reasonable time 
period.

Cost Impact

    The FAA estimates that 54 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 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 can 
accomplish this AD, as authorized by sections 43.7 and 43.9 of the 
Federal Aviation Regulations (14 CFR 43.7 and 43.9), the only cost 
impact upon the public is the time it will take the affected airplane 
owner/operators to amend the AFM.

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 U.S.C 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:

97-26-13  Empresa Brasileira De Aeronautica S.A.: Amendment 39-
10256; Docket No. 97-CE-39-AD.

    Applicability: Models EMB-110P1 and EMB-110P2 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 increased propeller drag beyond the certificated 
limits caused by the power levers being positioned below the flight 
idle stop while the airplane is in flight, which could result in 
loss of airplane control or engine overspeed with consequent loss of 
engine power, 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 
the airplane is in flight is prohibited. Such positioning may result 
in increased propeller drag beyond the certificated limits.''
    (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 43.9 of the 
Federal Aviation Regulations (14 CFR 43.9).
    (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 Regional Counsel, Room 1558, 601 E. 
12th Street, Kansas City, Missouri 64106.
    (g) This amendment (39-10256) becomes effective on January 28, 
1998.

    Issued in Kansas City, Missouri, on December 10, 1997.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 97-32995 Filed 12-17-97; 8:45 am]
BILLING CODE 4910-13-U