[Federal Register Volume 63, Number 61 (Tuesday, March 31, 1998)]
[Rules and Regulations]
[Pages 15285-15286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8347]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-NM-228-AD; Amendment 39-10413; AD 98-06-34]
RIN 2120-AA64
Airworthiness Directives; Aerospatiale Model ATR-42 and ATR-72
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 Aerospatiale Model ATR-42 and ATR-72 series
airplanes, that requires 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 amendment 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 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: May 5, 1998.
ADDRESSES: Information pertaining to this amendment may be obtained
from or examined at the Federal Aviation Administration (FAA),
Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056.
FOR FURTHER INFORMATION CONTACT: Mark Quam, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, Washington 98055-4056; telephone (425)
227-2145; fax (425) 227-1149.
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 Aerospatiale Model ATR-42 and
ATR-72 series airplanes was published in the Federal Register on
December 9, 1997 (62 FR 64787). That action proposed to require
revision of 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.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
One commenter, the manufacturer, requests that the proposed rule
not be issued specifically against Model ATR airplanes. The commenter
states that ATR models already have a ``warning'' regarding failure of
the electro-mechanical gate device. The manufacturer points out that
the ``warning'' contains specific wording that was presented to the FAA
during the public meeting held on June 11-12, 1996, in Seattle,
Washington. The commenter also states that the proposal appears to
indicate that ATR models are particularly affected by the identified
unsafe condition. The commenter disagrees, and adds that the in-service
experience of these models does not warrant an AD.
The FAA does not concur. The FAA finds that the AFM limitation
required by this AD is necessary to prohibit positioning the power
levers below the flight idle stop during flight, regardless of the
protective features and warnings provided in the design of the affected
airplanes. Additionally, although none of the accidents and incidents
referenced in the preamble of the proposal involved Model ATR
airplanes, the FAA has determined that AD action must be taken against
all turbopropeller-powered airplanes (regardless of the design features
of the airplane) that are not approved for operation in the beta range
during flight. The FAA finds that revising the AFM to prohibit
operation below the flight idle stop in flight is necessary in order to
correct the identified unsafe condition. The appropriate vehicle for
mandating such a requirement is an AD.
This same commenter requests that the wording of the AFM revision
that was specified in the proposed rule be revised to reflect the
wording of the current AFM revision. The commenter points out that the
wording of the proposed AFM change and the wording of the current AFM
revision are similar, and that the technical contents are equivalent.
The FAA concurs with the commenter that the wording specified in
the proposal is similar to the wording of the current AFM change, and
that the technical contents are equivalent. Therefore, the FAA has
revised
[[Page 15286]]
paragraph (a) of the final rule to remove the proposed AFM wording and
has inserted the current AFM change.
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.
Cost Impact
The FAA estimates that 144 Aerospatiale Model ATR-42 and ATR-72
series 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 $8,640, 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:
98-06-34 Aerospatiale: Amendment 39-10413. Docket 97-NM-228-AD.
Applicability: All Model ATR-42 and ATR-72 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.
``Limitation under Flight Operation: ATR airplanes are protected
against a positioning of power levers below the flight idle stop in
flight by an IDLE GATE device. It is reminded that any attempt to
override this protection is prohibited. Such positioning may lead to
loss of airplane control or may result in an engine 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, Standardization Branch, ANM-113,
FAA, Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the Manager,
Standardization Branch, ANM-113.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(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 May 5, 1998.
Issued in Renton, Washington, on March 12, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-8347 Filed 3-30-98; 8:45 am]
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