96-1173. Airworthiness Directives; de Havilland Model DHC-7 and DHC-8 Series Airplanes  

  • [Federal Register Volume 61, Number 17 (Thursday, January 25, 1996)]
    [Proposed Rules]
    [Pages 2154-2157]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-1173]
    
    
    
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    DEPARTMENT OF TRANSPORTATION
    14 CFR Part 39
    
    [Docket No. 96-NM-20-AD]
    
    
    Airworthiness Directives; de Havilland Model DHC-7 and DHC-8 
    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 all de Havilland Model DCH-7 and 
    DHC-8 series airplanes. This proposal would require revising the 
    Airplane Flight Manual (AFM) to specify procedures that would prohibit 
    flight in freezing rain or freezing drizzle conditions (as determined 
    by certain visual cues), limit or prohibit the use of various flight 
    control devices, and provide the flight crew with recognition cues for, 
    and procedures for exiting from, severe icing conditions. This proposal 
    is prompted by results of a review of the requirements for 
    certification of the airplane in icing conditions, new information on 
    the icing environment, and icing data provided currently to the flight 
    crews. The actions specified by the proposed AD are intended to 
    minimize the potential hazards associated with operating the airplane 
    in freezing rain or freezing drizzle conditions by providing more 
    clearly defined procedures and limitations associated with such 
    conditions.
    
    DATES: Comments must be received by March 7, 1996.
    
    ADDRESSES: Submit comments in triplicate to the Federal Aviation 
    Administration (FAA), Transport Airplane Directorate, ANM-103, 
    Attention: Rules Docket No. 96-NM-20-AD, 1601 Lind Avenue, SW., Renton, 
    Washington 98055-4056. Comments may be inspected at this location 
    between 9 a.m. and 3 p.m., Monday through Friday, except Federal 
    holidays.
        This information may be examined at the FAA, Transport Airplane 
    Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the FAA, 
    Engine and Propeller Directorate, New York Aircraft Certification 
    Office, 10 Fifth Street, Third Floor, Valley Stream, New York.
    
    FOR FURTHER INFORMATION CONTACT: Danko Kramar, Aerospace Engineer, 
    Systems and Flight Test Branch, ANE-172, FAA, Engine and Propeller 
    Directorate, New York Aircraft Certification Office, 10 Fifth Street, 
    Third Floor, Valley Stream, New York 11581; telephone (516) 256-7509; 
    fax (516) 568-2716.
    
    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 96-NM-20-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 
    
    [[Page 2155]]
    FAA, Transport Airplane Directorate, ANM-103, Attention: Rules Docket 
    No. 96-NM-20-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056.
    
    Discussion
    
        In October 1994, a transport category airplane was involved in an 
    accident in which severe icing conditions (believed to be composed of 
    freezing drizzle size droplets) were reported in the area. Although the 
    National Transportation Safety Board (NTSB) has not yet made a finding 
    of probable cause of the accident, loss of control of the airplane may 
    have occurred because ice accretion on the upper surface of the wing 
    aft of the area protected by the ice protection system caused airflow 
    separation, which resulted in the ailerons being forced to a right-
    wing-down control position. There also is concern that the autopilot, 
    which was engaged, may have masked the unusual control forces generated 
    by the ice accumulation. These conditions, if not corrected, could 
    result in a roll upset from which the flight crew may be unable to 
    recover.
        The atmospheric conditions (freezing drizzle) that may have 
    contributed to the accident are outside the icing envelope specified in 
    Appendix C of part 25 of the Federal Aviation Regulations (14 CFR part 
    25) for certification of the airplane. Freezing rain is an atmospheric 
    condition that also is outside the icing envelope. Such icing 
    conditions are not defined in Appendix C, and the FAA has not required 
    that airplanes be shown to be capable of operating safely in those 
    icing conditions.
        The FAA finds that flight crews are not currently provided with 
    adequate information necessary to determine when the airplane is 
    operating in icing conditions for which the airplane is not 
    certificated or what action to take when such conditions are 
    encountered. Therefore, the FAA has determined that flight crews must 
    be provided with such information and must be made aware of certain 
    visual cues that may indicate the airplane is operating in atmospheric 
    conditions that are outside the icing envelope.
        Since such information is not available to flight crews, and no 
    airplane is certificated for operation in freezing drizzle conditions, 
    the FAA finds that the potentially unsafe condition (described 
    previously as control difficulties following operation of the airplane 
    in icing conditions outside of the icing envelope) is not limited to 
    airplanes having the same type design as that of the accident airplane.
        The FAA recognizes that the flight crew of any airplane that is 
    certificated for flight in icing conditions may not have adequate 
    information concerning flight in icing conditions outside the icing 
    envelope. However, the FAA finds that the specified unsafe condition 
    must be addressed as a higher priority on airplanes that are 
    turbopropeller- powered and have unpowered control systems. Many of 
    these airplanes carry passengers in regularly scheduled revenue service 
    in the United States. Since turbopropeller- powered airplanes are more 
    likely to operate at low altitudes and to make more frequent landings, 
    they are more likely to encounter icing conditions that are outside the 
    icing envelope. Additionally, the flight crew of an airplane having an 
    unpowered roll control system must rely solely on physical strength to 
    counteract roll control anomalies, whereas a roll control anomaly that 
    occurs on an airplane having a powered roll control system need not be 
    offset directly by the flight crew.
        Subsequent to the accident, the FAA, in conjunction with certain 
    foreign airworthiness authorities and airplane manufacturers, conducted 
    reviews of certain transport and small category airplanes to determine 
    if any airplanes might experience control difficulty should a ridge of 
    ice form aft of the deicing boots and forward of the ailerons. The 
    review focused on turbopropeller-powered airplanes having unpowered 
    roll control systems, since those airplanes are similar in design to 
    the accident airplane and because they are frequently exposed to icing 
    conditions.
        During the reviews of these airplanes, an artificial ice shape was 
    used in the demonstration of roll control characteristics. This ice 
    shape was chosen as representative of a shape that might form if an 
    airplane were operated in freezing drizzle. Results of these reviews 
    revealed that certain airplanes demonstrated acceptable roll control 
    forces. However, the dynamics of ice accretion in freezing drizzle are 
    not well understood, and the FAA recognizes that such airplanes could 
    develop ice shapes other than those tested during the review. Upon 
    further review, the FAA may consider additional rulemaking.
        Following examination of all relevant information, the FAA has 
    determined that certain limitations and procedures should be included 
    in the FAA-approved Airplane Flight Manual (AFM) for the affected 
    airplanes, as follows:
         de Havilland Model DHC-7 and DHC-8 series airplanes must 
    be prohibited from flight in freezing rain or freezing drizzle 
    conditions (as determined by certain visual cues); and
         Flight crews must be provided with information that would 
    minimize the potential hazards associated with operating the airplane 
    in freezing rain or freezing drizzle conditions. The FAA has determined 
    that such limitations and procedures currently are not defined 
    adequately in the AFM for these airplanes.
        These airplane models are manufactured in Canada and are type 
    certificated for operation in the United States under the provisions of 
    section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
    the applicable bilateral airworthiness agreement.
    
    Explanation of the Provisions of the Proposed AD
    
        Since an unsafe condition has been identified that is likely to 
    exist or develop on other airplanes of the same type design, the 
    proposed AD would require revising the Limitations Section of the AFM 
    to specify procedures that would:
         Prohibit flight in freezing rain or freezing drizzle 
    conditions (as determined by certain visual cues);
         Prohibit use of the autopilot when ice is formed aft of 
    the protected surfaces of the wing, or when an unusual lateral trim 
    condition exists; and
         Require that all icing detection lights be operative prior 
    to flight into icing conditions at night.
        The prohibition on flight in freezing rain or freezing drizzle is 
    not intended to prohibit purely inadvertent encounters with the 
    specified atmospheric conditions. However, pilots should make all 
    reasonable efforts to avoid such encounters and must immediately exit 
    the conditions if they are encountered.
        This proposed AD also would require revising the Normal Procedures 
    Section of the AFM to specify procedures that would:
         Limit the use of the flaps and prohibit the use of the 
    autopilot when ice is observed forming aft of the protected surfaces of 
    the wing, or if unusual lateral trim requirements or autopilot trim 
    warnings are encountered; and
         Provide the flight crew with recognition cues for, and 
    procedures for exiting from, severe icing conditions. 
    
    [[Page 2156]]
    
    
    Cost Impact
    
        The FAA estimates that 183 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 
    $10,980, 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.
        In addition, the FAA recognizes that this proposed AD may impose 
    operational costs. However, those costs are incalculable because the 
    frequency of occurrence of the specified conditions and the associated 
    additional flight time are indeterminable. Nevertheless, because of the 
    severity of the unsafe condition addressed, the FAA has determined that 
    continued operational safety necessitates the imposition of these 
    costs.
    
    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 USC 106(g), 40113, 44701.
    
    
    Sec. 39.13  [Amended]
    
        2. Section 39.13 is amended by adding the following new 
    airworthiness directive:
    
    De Havilland, Inc.: Docket 96-NM-20-AD.
        Applicability: All Model DHC-7 and DHC-8 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 use the authority 
    provided in paragraph (b) of this AD to request approval from the 
    FAA. This approval may address either no action, if the current 
    configuration eliminates the unsafe condition; or different actions 
    necessary to address the unsafe condition described in this AD. Such 
    a request should include an assessment of the effect of the changed 
    configuration on the unsafe condition addressed by this AD. In no 
    case does the presence of any modification, alteration, or repair 
    remove any airplane from the applicability of this AD.
    
        Compliance: Required as indicated, unless accomplished 
    previously.
        To minimize the potential hazards associated with operating the 
    airplane in freezing rain or freezing drizzle icing conditions by 
    providing more clearly defined procedures and limitations associated 
    with such conditions, accomplish the following:
        (a) Within 30 days after the effective date of this AD, 
    accomplish the requirements of paragraphs (a)(1) and (a)(2) of this 
    AD.
    
        Note 2: Operators must initiate action to notify and ensure that 
    flight crewmembers are apprised of this change.
    
        (1) Revise the FAA-approved Airplane Flight Manual (AFM) by 
    incorporating the following into the Limitations Section of the AFM. 
    This may be accomplished by inserting a copy of this AD in the AFM.
        `` Flight in meteorological conditions described as 
    freezing rain or freezing drizzle, as determined by the following 
    visual cues, is prohibited:
    --Unusually extensive ice accreted on the airframe in areas not 
    normally observed to collect ice.
    --Accumulation of ice on the upper surface (for low-wing airplanes) 
    or lower surface (for high-wing airplanes) of the wing aft of the 
    protected area.
    --Accumulation of ice on the propeller spinner farther back than 
    normally observed.
        If the airplane encounters conditions that are determined to 
    contain freezing rain or freezing drizzle, the pilot must 
    immediately exit the freezing rain or freezing drizzle conditions by 
    changing altitude or course.
    
        Note: The prohibition on flight in freezing rain or freezing 
    drizzle is not intended to prohibit purely inadvertent encounters 
    with the specified meteorological conditions. However, pilots should 
    make all reasonable efforts to avoid such encounters and must 
    immediately exit the conditions if they are encountered.
    
         Use of the autopilot is prohibited when any ice is 
    observed forming aft of the protected surfaces of the wing, or when 
    unusual lateral trim requirements or autopilot trim warnings are 
    encountered.
    
        Note: The autopilot may mask tactile cues that indicate adverse 
    changes in handling characteristics. Therefore, the pilot should 
    consider not using the autopilot when any ice is visible on the 
    airplane.
    
         All icing detection lights must be operative prior to 
    flight into icing conditions at night. [Note: This supersedes any 
    relief provided by the Master Minimum Equipment List (MMEL).]''
        (2) Revise the FAA-approved AFM by incorporating the following 
    into the Normal Procedures Section of the AFM. This may be 
    accomplished by inserting a copy of this AD in the AFM.
    
    ``WARNING
    
        ``If ice is observed forming aft of the protected surfaces of 
    the wing, or if unusual lateral trim requirements or autopilot trim 
    warnings are encountered:
         If the flaps are extended, do not retract them until 
    the airframe is clear of ice.
         The flight crew should reduce the angle-of-attack by 
    increasing speed as much as the airplane configuration and weather 
    allow, without exceeding design maneuvering speed.
         If the autopilot is engaged, hold the control wheel 
    firmly and disengage the autopilot. Do not re-engage the autopilot 
    until the airframe is clear of ice.
         Exit the icing area immediately by changing altitude or 
    course.
         Report these weather conditions to Air Traffic Control.
    
    CAUTION
    
        Severe icing comprises environmental conditions outside of those 
    for which the airplane is certificated. Flight in freezing rain, 
    freezing drizzle, or mixed icing conditions (supercooled liquid 
    water and ice crystals) may result in extreme ice build-up on 
    protected surfaces exceeding the capability of the ice protection 
    system, or may result in ice forming aft of the protected surfaces. 
    This ice may not be shed using the ice protection systems, and may 
    seriously degrade the performance and controllability of the 
    airplane. 
    
    [[Page 2157]]
    
    
    THE FOLLOWING SHALL BE USED TO IDENTIFY FREEZING RAIN/FREEZING DRIZZLE 
    ICING CONDITIONS:
    
         Unusually extensive ice accreted on the airframe in 
    areas not normally observed to collect ice.
         Accumulation of ice on the upper surface (for low-wing 
    airplanes) or lower surface (for high-wing airplanes) of the wing 
    aft of the protected area.
         Accumulation of ice on the propeller spinner farther 
    back than normally observed.
    
    THE FOLLOWING MAY BE USED TO IDENTIFY POSSIBLE FREEZING RAIN/FREEZING 
    DRIZZLE CONDITIONS:
    
         Visible rain at temperatures below +5 degrees Celsius 
    [outside air temperature (OAT)].
         Droplets that splash or splatter on impact at 
    temperatures below +5 degrees Celsius OAT.
    
    PROCEDURES FOR EXITING THE FREEZING RAIN/FREEZING DRIZZLE ENVIRONMENT:
    
        These procedures are applicable to all flight phases from 
    takeoff to landing. Monitor the outside air temperature. While 
    severe icing may form at temperatures as cold as -18 degrees 
    Celsius, increased vigilance is warranted at temperatures around 
    freezing with visible moisture present. If the visual cues specified 
    in the AFM for identifying possible freezing rain or freezing 
    drizzle conditions are observed, accomplish the following:
         Exit the freezing rain or freezing drizzle severe icing 
    conditions immediately to avoid extended exposure to flight 
    conditions outside of those for which the airplane has been 
    certificated for operation. Asking for priority to leave the area is 
    fully justified under these conditions.
         Avoid abrupt and excessive maneuvering that may 
    exacerbate control difficulties.
         Do not engage the autopilot. The autopilot may mask 
    unusual control system forces.
         If the autopilot is engaged, hold the control wheel 
    firmly and disengage the autopilot.
         If an unusual roll response or uncommanded control 
    movement is observed, reduce the angle-of-attack by increasing 
    airspeed or rolling wings level (if in a turn), and apply additional 
    power, if needed.
         Avoid extending flaps during extended operation in 
    icing conditions. Operation with flaps extended can result in a 
    reduced wing angle-of-attack, with ice forming on the upper surface 
    further aft on the wing than normal, possibly aft of the protected 
    area.
         Report these weather conditions to Air Traffic 
    Control.''
        (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, New York Aircraft Certification 
    Office (ACO), FAA, Engine and Propeller Directorate. Operators shall 
    submit their requests through an appropriate FAA Principal 
    Operations Inspector, who may add comments and then send it to the 
    Manager, New York ACO.
    
        Note 3: Information concerning the existence of approved 
    alternative methods of compliance with this AD, if any, may be 
    obtained from the New York ACO.
    
        (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.
    
        Issued in Renton, Washington, on January 19, 1996.
    Darrell M. Pederson,
    Acting Manager, Transport Airplane Directorate, Aircraft Certification 
    Service.
    [FR Doc. 96-1173 Filed 1-24-96; 8:45 am]
    BILLING CODE 4910-13-U
    
    

Document Information

Published:
01/25/1996
Department:
Transportation Department
Entry Type:
Proposed Rule
Action:
Notice of proposed rulemaking (NPRM).
Document Number:
96-1173
Dates:
Comments must be received by March 7, 1996.
Pages:
2154-2157 (4 pages)
Docket Numbers:
Docket No. 96-NM-20-AD
PDF File:
96-1173.pdf
CFR: (1)
14 CFR 39.13