[Federal Register Volume 63, Number 63 (Thursday, April 2, 1998)]
[Rules and Regulations]
[Pages 16100-16102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8348]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-NM-62-AD; Amendment 39-10434; AD 98-07-14]
RIN 2120-AA64
Airworthiness Directives; Dornier Model 328-100 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 Dornier Model 328-100 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.
DATES: Effective May 7, 1998.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of May 7, 1998.
ADDRESSES: The service information referenced in this AD may be
obtained from Fairchild Dornier, Dornier Luftfahrt GmbH, P.O. Box 1103,
D-82230 Wessling, Germany. This information may be examined at the
Federal Aviation Administration (FAA), Transport Airplane Directorate,
Rules Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the
Office of the Federal Register, 800 North Capitol Street, NW., suite
700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Mark Quam, Aerospace Engineer,
[[Page 16101]]
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 Dornier Model 328-100 series
airplanes was published in the Federal Register on December 9, 1997 (62
FR 64784). That action proposed to require revising the Limitations
Section of the Airplane Flight Manual (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.
Comments Received
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 for 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.
Proposed Rule Unnecessary: AFM Already Revised
One commenter, an operator, states that the proposal is an
inappropriate method of addressing the perceived unsafe condition. The
commenter points out that, because the manufacturer has issued a
revision to the AFM that contains the exact wording as the proposed
rule, the proposed rule is redundant and a waste of taxpayers' money.
The FAA does not concur with the commenter's suggestion that the
proposed rule is redundant. Since the issuance of the proposal, the
manufacturer has issued Dornier 328-100 Airplane Flight Manual
Temporary Revision (TR) 02-099, dated November 18, 1996. The Luftfahrt-
Bundesamt (LBA), which is the airworthiness authority for Germany,
approved this TR. The FAA acknowledges that the TR contains the exact
wording as that specified in paragraph (a) of this final rule. In light
of this, the FAA has revised this final rule to include insertion of
this TR as an additional method of compliance with the requirements of
paragraph (a) of this AD.
As explained in the preamble of the proposed rule, 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. Such
operation of the propellers in the beta range during flight, if not
prevented, could result in an unsafe condition (loss of airplane
controllability, or engine overspeed with consequent loss of engine
power). The FAA has determined that this unsafe condition could exist
or eventually develop on the affected airplanes, and that revising the
Limitations Section of the AFM must be mandated to ensure that safety
is not degraded. The appropriate vehicle for mandating such action to
correct an unsafe condition is the airworthiness directive.
Withdraw Proposed Rule: Pilot Training Needed
This same commenter states that the unsafe condition addressed by
the proposal is not a problem with the airplane itself, but rather with
lack of education for the pilots regarding the operation of turboprop
engines. The FAA infers that the commenter requests that the FAA
withdraw the proposed rule.
The FAA does not concur with the commenter's request. The
requirements of this final rule will reinforce the education and
training of pilots of turboprop airplanes by ensuring that the pilots
are aware that the AFM prohibits operating the power levers below the
flight idle gate in flight and advises of the consequence of such
actions. The FAA finds that the actions required by this final rule
will ensure that the pilots are aware of a potential in-flight unsafe
condition.
Withdraw Proposed Rule: Issuance of AD May Adversely Affect
Airplane Sales
One commenter suggests that the issuance of the AD may create the
illusion that a unique and dangerous unsafe condition exists on the
airplane. The commenter further suggests that the issuance of the AD
could cause an adverse effect on current or future lease and sales of
the airplane. The FAA infers that the commenter requests that the
proposed rule be withdrawn.
The FAA does not concur. As stated in the preamble of the proposal,
the identified unsafe condition has been found to exist on airplanes
equipped with turboprop engines, not just the airplanes addressed in
this particular AD. The FAA is currently in the process of addressing
the identified unsafe condition on other airplanes equipped with
turboprop engines. While it is understandable that a manufacturer would
like to minimize any adverse implications regarding the safety of its
products, the purpose of an AD is to correct an identified unsafe
condition in aircraft, regardless of where it is or what it is caused
by. The FAA has determined that, because of the identified unsafe
condition addressed by this AD, the continued operational safety of the
airplanes necessitates issuance of the final rule.
Revise the Cost Estimate
One commenter asserts that the cost estimate provided in the
proposal gives an erroneous figure because the cost of an AFM change is
not a fixed cost. The commenter further states that, since there is no
terminating action for the requirements of the proposed AD, a record
must be made and continuously maintained. Further, the commenter notes
that additional work and expenses are incurred if a request for an
alternative method of compliance is submitted to the FAA.
The FAA does not concur that the cost estimate should be revised.
In this case, the FAA considers that once the AFM has been revised in
accordance with the final rule, no further action is required.
Furthermore, the FAA considers any ``additional expense'' incurred by
an operator or the FAA (as a result of requests for approval of an
alternative method of compliance) to be negligible when compared to the
necessity to ensure the operational safety of the airplane.
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.
[[Page 16102]]
Cost Impact
The FAA estimates that 60 Dornier Model 328-100 series 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 U.S. operators is estimated
to be $3,600, 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, Incorporation by
reference, 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:
98-07-14 Dornier: Amendment 39-10434. Docket 97-NM-62-AD.
Applicability: All Model 328-100 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 Dornier Model 328-100
Airplane Flight Manual (AFM) to include the following statements.
This action may be accomplished by inserting a copy of this AD into
the AFM, or by inserting Dornier 328-100 Airplane Flight Manual
Temporary Revision (TR) 02-099, dated November 18, 1996, into the
AFM.
``Power levers selection below Flight Idle (FI) gate is
prohibited during flight.
WARNING: Movement of any power lever behind the flight idle (FI)
gate during flight could lead to loss of airplane control from which
recovery may not be possible.''
(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) Except as provided by paragraph (a) of this AD, the AFM
revision shall be done in accordance with Dornier 328-100 Airplane
Flight Manual Temporary Revision (TR) 02-099, dated November 18,
1996. This incorporation by reference was approved by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies may be obtained from Fairchild Dornier, Dornier
Luftfahrt GmbH, P.O. Box 1103, D-82230 Wessling, Germany. Copies may
be inspected at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
(e) This amendment becomes effective on May 7, 1998.
Issued in Renton, Washington, on March 25, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-8348 Filed 4-1-98; 8:45 am]
BILLING CODE 4910-13-U