[Federal Register Volume 64, Number 85 (Tuesday, May 4, 1999)]
[Rules and Regulations]
[Pages 23766-23768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10644]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 99-NM-50-AD; Amendment 39-11152; AD 99-09-19]
RIN 2120-AA64
Airworthiness Directives; Aerospatiale Model ATR42 and ATR72
Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
is applicable to all Aerospatiale Model ATR42 and ATR72 series
airplanes. This action requires revising the Airplane Flight Manual to
provide the flightcrew with modified procedures and limitations for
operating in severe icing conditions. This amendment is prompted by
issuance of mandatory continuing airworthiness information by a foreign
civil airworthiness authority. The actions specified in this AD are
intended to prevent the airplane from stalling due to prolonged
exposure to severe icing conditions, which could result in reduced
performance and controllability of the airplane.
DATES: Effective May 19, 1999.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of May 19, 1999.
Comments for inclusion in the Rules Docket must be received on or
before June 3, 1999.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 99-NM-50-AD, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056.
The service information referenced in this AD may be obtained from
Aerospatiale, 316 Route de Bayonne, 31060 Toulouse, Cedex 03, France.
This information may be examined 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.
FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2110; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION: The Direction Generale de l'Aviation Civile
(DGAC), which is the airworthiness authority for France, notified the
FAA that an unsafe condition may exist on all Aerospatiale Model ATR42
and ATR72 series airplanes. The DGAC advises that during an in-flight
incident an ATR airplane stalled in severe icing conditions and lost
4,000 feet of altitude before recovery.
Experience has shown that the currently recommended airspeeds in
icing conditions provide adequate stall margins when flying in normal
icing conditions, but provide little margin to stall speeds when the
airplane has accreted a large amount of ice following prolonged flight
in severe icing conditions. The current procedures in the FAA-approved
Airplane Flight Manual (AFM) require immediate exit when severe icing
conditions are detected. However, even if the exit maneuver is
initiated immediately, a few minutes may elapse before the airplane is
out of the severe icing conditions. Late detection of severe icing
conditions and nonapplication or
[[Page 23767]]
late application of appropriate AFM procedures can contribute to
prolonged exposure to severe icing conditions that may be outside the
certification envelope (as required by Appendix C of part 25 of the
Federal Aviation Regulations). Such prolonged exposure can cause the
airplane to stall, resulting in reduced performance and controllability
of the airplane.
Explanation of Relevant Service Information
Aerospatiale has issued AFM Temporary Revisions (TR) for the
affected airplanes (Model ATR42-200, -300, and -320; Model ATR72-212A,
Model ATR72-100, -200, and -210; and Model ATR42-500) to provide the
flightcrew with modified limitations and procedures for operating in
severe icing conditions. The TR for Chapter 2.06.01, dated February
1999, revises the AFM to aid in the early detection of severe icing by
adding criteria related to unusual performance degradation. The TR for
Chapter 4.05.05, dated February 1999, revises the AFM to increase the
speed during the exit maneuver in order to provide improved margin to
stall.
The Direction Generale de l'Aviation Civile (DGAC), which is the
airworthiness authority for France, issued French airworthiness
directives 1999-014-076(B) and 1999-015-040(B), both dated January 13,
1999, in order to ensure the continued airworthiness of these airplanes
in France. (Errata to those French airworthiness directives were issued
January 27, 1999, to correct typographical errors that referred to
compliance times.)
U.S. Type Certification of the Airplane
These airplane models are manufactured in France 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. Pursuant to this
bilateral airworthiness agreement, the DGAC has kept the FAA informed
of the situation described above. The FAA has examined the findings of
the DGAC, 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.
FAA's Determinations
The FAA has examined the circumstances and reviewed all available
information related to the incident described previously. The FAA finds
that the Limitations and Emergency Procedures sections of the FAA-
approved AFM's for ATR42 and ATR72 series airplanes must be revised to
prevent prolonged exposure to severe icing conditions that may be
outside the certification envelope, which could result in reduced
performance and controllability of the airplane. In light of this, the
FAA considers that revision of the AFM's is necessary to ensure early
detection of severe icing conditions and to provide improved margin to
a stall.
Explanation of Requirements of Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, this AD is being issued to prevent prolonged
exposure to severe icing conditions that may be outside the
certification envelope (as defined previously), which could result in
reduced performance and controllability of the airplane. This AD
requires revising the Limitations and Emergency Procedures sections of
the AFM's to provide the flightcrew with modified procedures and
limitations for operating in severe icing conditions.
Differences Between Rule and Foreign AD
Although the compliance time for the French airworthiness
directives is 3 days, this rule requires accomplishment within 10 days.
In determining an appropriate compliance interval for timely
accomplishment of the AFM revisions for this AD, the FAA considered the
safety implications and operators' maintenance schedules. In
consideration of these factors, the FAA has determined that 10 days
represents an appropriate interval in which the AFM revisions can be
accomplished in a timely manner within the fleet and still maintain an
adequate level of safety.
Determination of Rule's Effective Date
Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended in light of the comments
received. Factual information that supports the commenter's ideas and
suggestions is extremely helpful in evaluating the effectiveness of the
AD action and determining whether additional rulemaking action would be
needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the 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 that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 99-NM-50-AD.'' The postcard will be date stamped and
returned to the commenter.
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.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If it is
determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, may be obtained from the Rules Docket at the
location provided under the caption ADDRESSES.
[[Page 23768]]
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:
99-09-19 Aerospatiale: Amendment 39-11152. Docket 99-NM-50-AD.
Applicability: All Model ATR42 and ATR72 series airplanes,
certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent the airplane from stalling due to prolonged exposure
to severe icing conditions, which could result in reduced
performance and controllability of the airplane, accomplish the
following:
(a) For Model ATR42-200, -300, and -320 series airplanes: Within
10 days after the effective date of this AD, revise the Limitations
section of the FAA-approved Airplane Flight Manual (AFM) by
inserting a copy of Chapter 2.06.01, page 2, of ATR 42 AFM Temporary
Revision (TR), dated February 1999; and revise the Emergency
Procedures section of the AFM by inserting a copy of Chapter
4.05.05, pages 5 and 6, of the TR.
(b) For Model ATR42-500 series airplanes: Within 10 days after
the effective date of this AD, revise the Limitations section of the
FAA-approved Airplane Flight Manual (AFM) by inserting into the AFM
a copy of Chapter 2.06.01, page 2, of ATR AFM Temporary Revision,
dated February 1999; and revise the Emergency Procedures section of
the AFM by inserting a copy of Chapter 4.05.05, pages 5 and 6, of
the TR.
(c) For Model ATR72 series airplanes: Within 10 days after the
effective date of this AD, revise the Limitations section of the
FAA-approved Airplane Flight Manual (AFM) by inserting into the AFM
a copy of Chapter 2.06.01, page 2, of ATR 72 AFM Temporary Revision,
dated February 1999; and revise the Emergency Procedures section of
the AFM by inserting a copy of Chapter 4.05.05, pages 5 and 6, of
the TR.
(d) For Model ATR72-212A series airplanes: Within 10 days after
the effective date of this AD, revise the Limitations section of the
FAA-approved Airplane Flight Manual (AFM) by inserting into the AFM
a copy of Chapter 2.06.01, page 2, of ATR 72 A AFM Temporary
Revision, dated February 1999; and revise the Emergency Procedures
section of the AFM by inserting a copy of Chapter 4.05.05, pages 5
and 6, of the TR.
Note 1: The AFM revisions required by paragraphs (a), (b), (c),
and (d) of this AD may be accomplished by inserting a copy of the
TR's into the applicable AFM. When these TR's have been incorporated
into the general revisions of the AFM, the general revisions may be
inserted into the AFM, provided that the information contained in
the general revisions is identical to that specified in the TR's.
Alternative Methods of Compliance
(e) 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, International Branch, ANM-116, FAA,
Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Operations Inspector,
who may add comments and then send it to the Manager, International
Branch, ANM-116.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the International Branch, ANM-116.
Special Flight Permits
(f) 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.
Incorporation by Reference
(g) The AFM revisions shall be done in accordance with the
following, as applicable:
ATR 42 Airplane Flight Manual Temporary Revision, dated
February 1999, Chapter 2.06.01, page 2
ATR 42 Airplane Flight Manual Temporary Revision, dated
February 1999, Chapter 4.05.05, pages 5 and 6
ATR Airplane Flight Manual Temporary Revision, dated
February 1999, Chapter 2.06.01, page 2
ATR Airplane Flight Manual Temporary Revision, dated
February 1999, Chapter 4.05.05, pages 5 and 6
ATR 72 Airplane Flight Manual Temporary Revision, dated
February 1999, Chapter 2.06.01, page 2
ATR 72 Airplane Flight Manual Temporary Revision, dated
February 1999, Chapter 4.05.05, pages 5 and 6
ATR 72 A Airplane Flight Manual Temporary Revision,
dated February 1999, Chapter 2.06.01, page 2
ATR 72 A Airplane Flight Manual Temporary Revision,
dated February 1999, Chapter 4.05.05, pages 5 and 6
(Note: The AFM temporary revisions for Chapter 4.05.05 contain
only pages 5 and 6 of the Emergency Procedures Section; no other
page of that section has been revised. The AFM temporary revisions
for Chapter 2.06.01 contain only page 2 of the Limitations Section;
no other page of that section has been revised that pertains to this
AD.) 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 Aerospatiale, 316 Route de
Bayonne, 31060 Toulouse, Cedex 03, France. 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.
Note 3: The subject of this AD is addressed in French
airworthiness directives 1999-014-076(B) and 1999-015-040(B), both
dated January 13, 1999.
(h) This amendment becomes effective on May 19, 1999.
Issued in Renton, Washington, on April 22, 1999.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-10644 Filed 5-3-99; 8:45 am]
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