[Federal Register Volume 64, Number 151 (Friday, August 6, 1999)]
[Proposed Rules]
[Pages 42870-42872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20326]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 99-NM-153-AD]
RIN 2120-AA64
Airworthiness Directives; Fokker Model F27 Mark 100, 200, 300,
400, 500, 600, and 700 Series Airplanes and Model F27 Mark 050 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Supplemental notice of proposed rulemaking; reopening of
comment period.
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SUMMARY: This document revises an earlier proposed airworthiness
directive (AD), applicable to certain Fokker Model F27 Mark 100, 200,
300, 400, 500, 600, and 700 series airplanes and Model F27 Mark 050
series airplanes, that would have required revising the Airplane Flight
Manual (AFM) to include requirements for activation of the airframe
pneumatic deicing boots. That proposal was prompted by reports of
inflight incidents and an accident that occurred in icing conditions
where the airframe pneumatic deicing boots were not activated. The
actions specified by that proposed AD are intended to ensure that
flightcrews activate the pneumatic wing and tail deicing boots at the
first signs of ice accumulation. This new proposed action revises the
proposed rule by specifying that, at the first signs of ice
accumulation, ``heavy'' automatic cycling mode must be used during
operation of the deicing boots. The actions specified by this new
proposed AD are intended to prevent reduced controllability of the
aircraft due to adverse aerodynamic effects of ice adhering to the
airplane prior to the first deicing cycle.
DATES: Comments must be received by August 31, 1999.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 99-NM-153-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Norman Martenson, Aerospace Engineer,
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:
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 99-NM-153-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, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 99-NM-153-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to add an airworthiness directive (AD), applicable to
certain Fokker Model F27 Mark 100, 200, 300, 400, 500, 600, and 700
series airplanes and Model F27 Mark 050 series airplanes, was published
as a notice of proposed rulemaking (NPRM) in the Federal Register on
July 16, 1999 (64 FR 38345). That NPRM would have required revising the
Airplane Flight Manual (AFM) to include requirements for activation of
the airframe pneumatic deicing boots. That NPRM was prompted by reports
of inflight incidents and an accident that occurred in icing conditions
where the airframe
[[Page 42871]]
pneumatic deicing boots were not activated. That condition, if not
corrected, could result in reduced controllability of the aircraft due
to adverse aerodynamic effects of ice adhering to the airplane prior to
the first deicing cycle.
Actions Since Issuance of Previous Proposal
The FAA has determined that further definition is necessary to
specify the automatic cycling mode of activation of the deicing boots.
These airplanes may operate deicing boots in either a ``light'' or a
``heavy'' automatic cycling mode; however, the FAA finds that at the
first sign of ice accumulation, required activation of the deicing
boots in ``heavy'' mode is warranted. The FAA considers that the
required activation in ``heavy'' mode is necessary to assure the
capability of the system to shed ice with a low pressure indication
setting of 8 pounds per square inch gage (psig).
However, the manufacturer has advised the FAA that requiring
activation of the deicing boots in ``heavy'' automatic cycling mode
would cause the boots to wear at a rate higher than anticipated. The
manufacturer further states that, consequently, such a high wear rate
would require replacement of the deicing boots sooner than anticipated.
The manufacturer concludes, therefore, that the additional costs
associated with such additional replacement of the deicing boots would
impose an additional burden to operators.
The FAA acknowledges that the activation of the deicing boots using
the ``heavy'' automatic cycling mode may require costs that were not
originally anticipated. The FAA recognizes that the obligation to
maintain aircraft in an airworthy condition is vital, but sometimes
expensive. Because AD's require specific actions to address specific
unsafe conditions, they appear to impose costs that would not otherwise
be borne by operators. However, because of the general obligation of
operators to maintain aircraft in an airworthy condition, this
appearance is deceptive. Attributing those costs solely to the issuance
of this AD is unrealistic because, in the interest of maintaining safe
aircraft, prudent operators would accomplish the required actions even
if they were not required to do so by the AD. In this case, the FAA has
determined that direct and incidental costs are still outweighed by the
safety benefits of the AD.
Therefore, this supplemental NPRM revises paragraph (a) of the
original proposal by adding the words ``heavy'' to specify that in the
Airplane Flight Manual revision the deicing boot system must be
operated in the ``heavy'' automatic cycling mode. Additionally, since
these airplanes are all equipped with an automatic cycling mode, the
FAA has removed the phrase ``if available'' in the same AFM paragraph.
The proposed actions will prevent reduced controllability of the
aircraft due to adverse aerodynamic effects of ice adhering to the
airplane prior to the first deicing cycle.
Conclusion
Since this change expands the scope of the originally proposed
rule, the FAA has determined that it is necessary to reopen the comment
period to provide additional opportunity for public comment.
Cost Impact
The FAA estimates that 34 airplanes of U.S. registry would be
affected by this proposed AD.
The FAA estimates that it would take approximately 1 work hour per
airplane to accomplish the proposed AFM revisions, at the average labor
rate of $60 per work hour. Based on these figures, the cost impact of
the proposed AD on U.S. operators is estimated to be $2,040, or $60 per
airplane.
The cost impact figures discussed above are 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.
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 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
Fokker Services B.V.: Docket 99-NM-153-AD.
Applicability: Model F27 Mark 100, 200, 300, 400, 500, 600, and
700 series airplanes and Model F27 Mark 050 series airplanes
equipped with pneumatic deicing boots, certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To ensure that flightcrews activate the wing and tail pneumatic
deicing boots at the first signs of ice accumulation on the
airplane, accomplish the following:
(a) Within 10 days after the effective date of this AD: Revise
the Limitations Section of the FAA-approved Airplane Flight Manual
(AFM) to include the following requirements for activation of the
ice protection systems. This may be accomplished by inserting a copy
of this AD in the AFM.
`` Except for certain phases of flight where the AFM
specifies that deicing boots should not be used (e.g., take-off,
final approach, and landing), compliance with the following is
required.
Wing and Tail Leading Edge Pneumatic Deicing Boot
System, if installed, must be activated:
--At the first sign of ice formation anywhere on the aircraft, or
upon annunciation from an ice detector system, whichever occurs
first; and
--The system must either be continued to be operated in the
``heavy'' automatic cycling mode; or the system must be manually
cycled as needed to minimize the ice accretions on the airframe.
The wing and tail leading edge pneumatic deicing boot
system may be deactivated only after leaving icing conditions and
after the airplane is determined to be clear of ice.''
(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, Manager,
[[Page 42872]]
International Branch, ANM-116, FAA, Transport Airplane Directorate.
The request shall be forwarded through an appropriate FAA Operations
Inspector, who may add comments and then send it to the Manager,
International Branch, ANM-116 ACO.
Note 1: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the International Branch, ANM-116 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 July 30, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-20326 Filed 8-5-99; 8:45 am]
BILLING CODE 4910-13-U
