[Federal Register Volume 63, Number 5 (Thursday, January 8, 1998)]
[Proposed Rules]
[Pages 1072-1074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-476]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-72-AD]
RIN 2120-AA64


Airworthiness Directives; Turbopropeller-Powered McDonnell 
Douglas Model DC-3 and DC-3C Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain McDonnell Douglas Model 
DC-3 and DC-3C series airplanes. This proposal would require revising 
the Airplane Flight Manual (AFM) to modify the limitation that 
prohibits positioning the 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 proposal is prompted by incidents and accidents involving 
airplanes equipped with turboprop engines in which the ground propeller 
beta range was used improperly during flight. The actions specified by 
the proposed 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.

DATES: Comments must be received by February 9, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 97-NM-72-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056. Comments may be inspected at this location 
between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Frank Hoerman, Aerospace Engineer, 
Flight Test Branch, ANM-160L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712; telephone 
(562) 527-5371; fax (562) 625-5210.

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 shall 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 summarizing 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 Number 97-NM-72-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, Transport Airplane Directorate, ANM-103, Attention: Rules 
Docket No. 97-NM-72-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    In recent years, the FAA has received reports of 14 incidents and/
or accidents involving intentional or inadvertent operation of the 
propellers in the ground beta range during flight on airplanes equipped 
with turboprop engines. (For the purposes of this proposal, beta is 
defined as 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.)
    Five of the fourteen in-flight beta occurrences were classified as 
accidents. In each of these five cases, operation of the propellers in 
the beta range occurred during flight. Operation

[[Page 1073]]

of the propellers in the beta range during flight, if not prevented, 
could result in loss of airplane controllability, or engine overspeed 
with consequent loss of engine power.
    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 FAA-approved Airplane Flight Manual (AFM) for airplanes that are 
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 not affected by the above-referenced conditions.)

FAA's Determinations

    The FAA has examined the circumstances and reviewed all available 
information related to the incidents and accidents described 
previously. The FAA finds that the Limitations Section of the AFM's for 
certain airplanes must be revised 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. The FAA has determined that the 
affected airplanes include those that are equipped with turboprop 
engines and that are not certificated for in-flight operation with the 
power levers below the flight idle stop. Since turbopropeller-powered 
McDonnell Douglas Model DC-3 and DC-3C series airplanes meet these 
criteria, the FAA finds that the AFM for these airplanes must be 
revised to include the limitation and statement of consequences 
described previously.
    Additionally, the FAA notes that for certain airplanes on which 
Rolls-Royce Dart 510 engines are installed, the operations manual 
refers to ``ground fine pitch'' as well as ``operations below the 
flight idle stop.'' Therefore, the FAA has included a reference to 
``ground fine pitch'' in paragraph (a) of this proposed AD.

Explanation of the Requirements of the Proposed AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other turbopropeller-powered McDonnell Douglas 
Model DC-3 and DC-3C series airplanes of the same type design, the 
proposed AD would require revising the Limitations Section of the AFM 
to modify the limitation that prohibits the positioning of 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.

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 21 turbopropeller-powered McDonnell Douglas 
Model DC3 and DC-3C series airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 5 airplanes of U.S. registry 
would be affected by this proposed AD, that it would take approximately 
1 work hour per airplane to accomplish the proposed actions, and that 
the average labor rate is $60 per work hour. Based on these figures, 
the cost impact of the proposed AD on U.S. operators is estimated to be 
$300, or $60 per airplane.
    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 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 proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the 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 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.

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--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:

McDonnell Douglas: Docket 97-NM-72-AD.

    Applicability: All turbopropeller-powered McDonnell Douglas 
Model DC-3 and DC-3C 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 (c) 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) For turbopropeller-powered McDonnell Douglas Model DC-3 and 
DC-3C series airplanes on which Rolls-Royce Dart 510 engines are 
installed: 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) For turbopropeller-powered McDonnell Douglas Model DC-3 and 
DC-3C series airplanes other than those identified in paragraph (a) 
of this AD: 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

[[Page 1074]]

accomplished by inserting a copy of this AD into the AFM.
    Positioning of power levers below the flight idle stop 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.
    (c) 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, Los Angeles Aircraft Certification 
Office (ACO), FAA, Transport Airplane Directorate.
    Operators shall submit their requests through an appropriate FAA 
Principal Operations Inspector, who may add comments and then send 
it to the Manager, Los Angeles ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

    (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.

    Issued in Renton, Washington, on January 2, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-476 Filed 1-7-98; 8:45 am]
BILLING CODE 4910-13-P