[Federal Register Volume 68, Number 28 (Tuesday, February 11, 2003)]
[Rules and Regulations]
[Pages 6815-6816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3309]



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  Federal Register / Vol. 68, No. 28 / Tuesday, February 11, 2003 / 
Rules and Regulations  

[[Page 6815]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NE-45-AD; Amendment 39-13049; AD 2003-04-01]
RIN 2120-AA64


Airworthiness Directives; Hartzell Propeller Inc., Model HD-E6C-
3B/E13890K Propellers

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), that 
is applicable to Hartzell Propeller Inc. HD-E6C-3B/E13890K propellers. 
This amendment requires the reduction of the original hub certified 
service (fatigue) life from unlimited hours to 37,400 flight hours. 
This amendment is prompted by a reevaluation by Hartzell Propeller Inc. 
of the D-5108-( ) original hub service life certification calculations. 
The actions specified by this AD are intended to prevent fatigue 
failure of D-5108-( ) hubs, which may result in loss of airplane 
control.

DATES: Effective March 18, 2003.

ADDRESSES: Information regarding this action may be examined, by 
appointment, at the Federal Aviation Administration (FAA), New England 
Region, Office of the Regional Counsel, 12 New England Executive Park, 
Burlington, MA.

FOR FURTHER INFORMATION CONTACT: Tomaso DiPaolo, Aerospace Engineer, 
Chicago Aircraft Certification Office, FAA, Small Airplane Directorate, 
2300 East Devon Avenue, Des Plaines, IL 60018, telephone; (847) 294-
7031, fax; (847) 294-7834.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an AD that is 
applicable to Hartzell Propeller Inc. HD-E6C-3B/E13890K propellers was 
published in the Federal Register on September 23, 2002 (67 FR 59483). 
That action proposed to require the reduction of the original hub 
certified service (fatigue) life from unlimited hours to 37,400 flight 
hours. As a result of an in-service occurrence of a cracked hub, 
Hartzell Propeller Inc. has reevaluated the service (fatigue) life of 
the D-5108-( ) hub installed in the HD-E6C-3B/E13890K propeller. 
Hartzell has reduced the original hub certified service (fatigue) life 
from unlimited hours to 37,400 flight hours. Exceeding this life limit 
could result in fatigue failure of the hub, which may result in loss of 
airplane control. The 37,400 flight hour life limit is documented in 
the Airworthiness Limitations section of Hartzell Manual 161.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Risk If Life of a Component Is Not Known

    One commenter states that the proposal introduces a life limit 
where there was none previously required. The commenter also states 
that there is a risk that operators or maintenance organizations may 
not know the current life of the applicable parts, and that the NPRM 
does not include any proposal to estimate usage or factoring where the 
life of a component is not known.
    The FAA does not agree. Under 14 CFR 121.380 (a)(2)(ii), each 
registered certificate holder must keep records of the total time in 
service of each propeller. The propellers affected by this AD are flown 
on aircraft used in part 121 operations. Moreover, 14 CFR 121.380 
mandates that the records must be retained for an unlimited time and 
must be transferred with the aircraft. In addition, the Airworthiness 
Limitations associated with this propeller have always required 
inspections at prescribed intervals which necessitate that the 
propeller usage be tracked. Therefore, if a propeller's total time is 
unknown, then the propeller and the registered certificate holder are 
not in compliance with the regulations. Presently, the FAA will not 
pursue policy to approve a general formula for calculating total time 
on propellers with unknown total times. Please note that the final rule 
allows for the submittal of data to request and to justify an alternate 
method of compliance to the AD or an adjustment of the compliance time 
in the AD.
    After careful review of the available data, including the comment 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule as proposed.

Economic Analysis

    There are approximately 250 Hartzell Propeller Inc. HD-E6C-3B/
E13890K propellers of the affected design in the worldwide fleet. The 
FAA estimates that 140 propellers installed on aircraft of U.S. 
registry will be affected by this AD, that it will take approximately 
30 work hours per propeller to perform the required actions, and that 
the average labor rate is $60 per work hour. Required parts will cost 
approximately $20,000 per propeller. Based on these figures, the total 
cost of the AD to U.S. operators is estimated to be $3,052,000.

Regulatory Analysis

    This final rule does not have federalism implications, as defined 
in Executive Order 13132, because it would not have a substantial 
direct effect 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. Accordingly, 
the FAA has not consulted with state authorities prior to publication 
of this final rule.
    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 the 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 
by contacting the Rules Docket at the location provided under the 
caption ADDRESSES.

[[Page 6816]]

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 
to read as follows:

2003-04-01 Hartzell Propeller Inc.: Amendment 39-13049. Docket No. 
2000-NE-45-AD.

    Applicability: This airworthiness directive (AD) is applicable 
to Hartzell Propeller Inc., Model HD-E6C-3B/E13890K propellers with 
D-5108-( ) hubs installed. These propellers are installed on, but 
not limited to, Fairchild Dornier GmbH 328-100 series airplanes.

    Note 1: The parentheses indicate the presence or absence of an 
additional letter(s) which vary the basic propeller hub model 
designation. This AD still applies regardless of whether these 
letters are present or absent on the propeller hub model 
designation.


    Note 2: This 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: Compliance with this AD is required as indicated, 
unless already done.
    To prevent fatigue failure of Hartzell D-5108-( ) hubs, which 
may result in loss of airplane control, do the following:
    (a) Remove from service D-5108-( ) hubs before exceeding 37,400 
flight hours and replace with a serviceable hub.
    (b) After the effective date of this AD, do not install any D-
5108-( ) hub that has accumulated 37,400 flight hours.

Alternative Methods of Compliance

    (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, Chicago Aircraft Certification 
Office (ACO). Operators must submit their request through an 
appropriate FAA Principal Maintenance Inspector, who may add 
comments and then send it to the Manager, Chicago ACO.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this airworthiness directive, 
if any, may be obtained from the Chicago ACO.

Special Flight Permits

    (d) Special flight permits may be issued in accordance with 
Sec. Sec.  21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the aircraft to a location where 
the requirements of this AD can be done.

Effective Date

    (e) This amendment becomes effective on March 18, 2003.

    Issued in Burlington, Massachusetts, on February 4, 2003.
Jay J. Pardee,
Manager, Engine and Propeller Directorate, Aircraft Certification 
Service.
[FR Doc. 03-3309 Filed 2-10-03; 8:45 am]
BILLING CODE 4910-13-P