[Federal Register Volume 64, Number 248 (Tuesday, December 28, 1999)]
[Proposed Rules]
[Pages 72586-72587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33572]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NE-38-AD]
RIN 2120-AA64


Airworthiness Directives; Dowty Aerospace Propellers R391-6-132-
F/3 Series Propellers

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 Dowty Aerospace Propellers R391-6-
132-F/3 series propellers. This proposal would require installation of 
an improved overspeed governor. This proposal is prompted by reports of 
overspeed governor failure. The actions specified by the proposed AD 
are intended to prevent overspeed governor failure, which could result 
in propeller overspeed, vibration, possible loss of propeller 
integrity, and loss of control of the airplane.

DATES: Comments must be received by January 27, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), New England Region, Office of the Regional 
Counsel, Attention: Rules Docket No. 99-NE-38-AD, 12 New England 
Executive Park, Burlington, MA 01803-5299. Comments may also be 
submitted to the Rules Docket by using the following Internet address: 
``[email protected]''. Comments may be inspected at this location 
between 8:00 a.m. and 4:30 p.m., Monday through Friday, except Federal 
holidays.
    The service information referenced in the proposed rule may be 
obtained from Dowty Aerospace Propellers, Anson Business Park, 
Cheltenham Road East, Gloucester GL2 9QN, United Kingdom; telephone +44 
(0) 1452 716000, fax +44 (0) 1452 716001. This information may be 
examined at the FAA, New England Region, Office of the Regional 
Counsel, 12 New England Executive Park, Burlington, MA.

FOR FURTHER INFORMATION CONTACT: Frank Walsh, Aerospace Engineer, 
Boston Aircraft Certification Office, FAA, Engine and Propeller 
Directorate, 12 New England Executive Park, Burlington, MA 01803-5299; 
telephone (781) 238-7158, (781) 238-7199.

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 should 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 99-NE-38-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, New England Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 99-NE-38-AD, 12 New England Executive Park, 
Burlington, MA 01803-5299.

Discussion

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom (UK), recently notified the Federal 
Aviation Administration (FAA) that an unsafe condition may exist on 
Dowty Aerospace Propellers R391-6-132-F/3 series propellers. The CAA 
advises that they have received reports of overspeed governor, part 
numbers (P/N) 697052002 and 697052003, failure. Investigation has 
revealed premature wear of the overspeed governor weight bushings due 
to excessively soft material, leading to wear of the bushings and 
eventual failure of the overspeed governor flyweights. This condition, 
if not corrected, could result in overspeed governor failure, which 
could result in propeller overspeed, vibration, possible loss of 
propeller integrity, and loss of control of the airplane.
    Dowty Aerospace Propellers has issued Service Bulletin (SB) No. 
C130J-61-26, Revision 1, dated April 13, 1999, that specifies 
procedures for installation of an improved overspeed governor. The CAA 
classified this SB as mandatory and issued airworthiness directive (AD) 
007-09-98 in order to assure the airworthiness of these propellers in 
the UK.
    This propeller model is manufactured in the UK and is type 
certificated for operation in the United States under the

[[Page 72587]]

provisions of Section 21.29 of the Federal Aviation Regulations (14 CFR 
21.29) and the applicable bilateral airworthiness agreement. Pursuant 
to this bilateral airworthiness agreement, the CAA has kept the FAA 
informed of the situation described above. The FAA has examined the 
findings of the CAA, reviewed all available information, and determined 
that AD action is necessary for products of this type design that are 
certificated for operation in the United States.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other propellers of the same type design registered 
in the United States, the proposed AD would require installation of an 
improved overspeed governor, P/N 697052004. Overspeed governors, P/N 
697052003, must be replaced within 480 hours time-in-service (TIS), or 
3 months after the effective date of this AD, whichever occurs first, 
due to their higher wear rate. Overspeed governors, P/N 697052002, must 
be replaced within 2,000 hours TIS after the effective date of this AD. 
The actions would be required to be accomplished in accordance with the 
SB described previously.
    There are approximately 163 propellers of the affected design in 
the worldwide fleet. There are currently no domestic propellers of the 
affected design that would be affected by this proposed AD, but if one 
were imported, it would take approximately 4 work hours per propeller 
to accomplish the proposed actions. The average labor rate is $60 per 
work hour. Required parts would cost approximately $2,500 per 
propeller. Based on these figures, the total cost impact of the 
proposed AD on a U.S. operator, if a propeller were imported, is 
estimated to be $2,740 per propeller.
    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:

Dowty Aerospace Propellers: Docket No. 99-NE-38-AD.

    Applicability: Dowty Aerospace Propellers R391-6-132-F/3 series 
propellers s, installed on but not limited to Lockheed Martin 382J 
(C130J military) airplanes.

    Note 1: This airworthiness directive (AD) applies to each 
propeller 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 propellers 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 overspeed governor failure, which could result in 
propeller overspeed, vibration, possible loss of propeller 
integrity, and loss of control of the airplane, accomplish the 
following:
    (a) For propellers with overspeed governors, part number (P/N) 
697052003, install an improved overspeed governor, P/N 697052004, 
within 480 hours time-in-service (TIS), or 3 months after the 
effective date of this AD, whichever occurs first, in accordance 
with Dowty Aerospace Propellers Service Bulletin (SB) No. C130J-61-
26, Revision 1, dated April 13, 1999.
    (b) For propellers with overspeed governors, P/N 697052002, 
install an improved overspeed governor, P/N 697052004, within 2,000 
hours TIS after the effective date of this AD in accordance with 
Dowty Aerospace Propellers SB No. C130J-61-26, Revision 1, dated 
April 13, 1999.
    (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, Boston Aircraft Certification 
Office (ACO). Operators shall submit their request through an 
appropriate FAA Principal Maintenance Inspector, who may add 
comments and then send it to the Manager, Boston ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this airworthiness directive, 
if any, may be obtained from the Boston 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 Burlington, Massachusetts, on December 21, 1999.
David A. Downey,
Assistant Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. 99-33572 Filed 12-27-99; 8:45 am]
BILLING CODE 4910-13-U