[Federal Register Volume 62, Number 179 (Tuesday, September 16, 1997)]
[Proposed Rules]
[Pages 48542-48545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24494]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-CE-60-AD]
RIN 2120-AA64
Airworthiness Directives; The New Piper Aircraft, Inc. Models PA-
46-310P and PA-46-350P Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes to adopt a new airworthiness directive
(AD) that would apply to The New Piper Aircraft, Inc. Model PA-46-310P
and PA-46-350P airplanes. This proposal would require revising the FAA-
approved Airplane Flight Manual (AFM) to specify procedures that would
prohibit flight in severe icing conditions (as determined by certain
visual cues), limit or prohibit the use of various flight control
devices while in severe icing conditions, and provide the flight crew
with recognition cues for, and procedures for exiting from, severe
icing conditions. The proposed AD is prompted by the results of a
review of the requirements for certification of these airplanes in
icing conditions, new information on the icing environment, and icing
data provided currently to the flight crew. The actions specified by
the proposed AD are intended to minimize the potential hazards
associated with operating these airplanes in severe icing conditions by
providing more clearly defined procedures and limitations associated
with such conditions.
DATES: Comments must be received on or before October 14, 1997.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Central Region, Office of the Assistant Chief
Counsel, Attention: Rules Docket No. 97-CE-60-AD, Room 1558, 601 E.
12th Street, Kansas City, Missouri 64106. Comments may be inspected at
this location between 8 a.m. and 4 p.m., Monday through Friday,
holidays excepted.
This information also may be examined at the Rules Docket at the
address above.
FOR FURTHER INFORMATION CONTACT: Mr. John P. Dow, Sr., Aerospace
Engineer, Small Airplane Directorate, Aircraft Certification Service,
1201 Walnut, suite 900, Kansas City, Missouri 64106, telephone (816)
425-6932, facsimile (816) 426-2169.
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 that summarizes 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 No. 97-CE-60-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, Central Region, Office of the Assistant Chief Counsel,
Attention: Rules Docket No. 97-CE-60-AD, Room 1558, 601 E. 12th Street,
Kansas City, Missouri 64106.
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 or supercooled large droplets (SLD)) were reported in
the area. 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-
[[Page 48543]]
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 or SLD conditions)
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. 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 severe icing conditions, such
as freezing drizzle or SLD conditions, the FAA finds that the
potentially unsafe condition (described previously as control
difficulties following operation of the airplane in icing conditions
outside 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 icing conditions outside the icing envelope.
However, in 1996, the FAA found that the specified unsafe condition
must be addressed as a higher priority on airplanes equipped with
unpowered roll control systems and pneumatic de-icing boots. These
airplanes were addressed first because 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. The FAA also placed a
priority on airplanes that are used in regularly scheduled passenger
service. The FAA issued the following airworthiness directives (AD's)
that addressed airplanes that met these criteria. These AD's identified
visual cues for recognizing severe icing conditions, procedures for
exiting these conditions, and prohibitions on the use of various flight
control devices. These AD's consisted of the following airplane models.
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Docket No. Manufacturer/airplane model Federal Register citation
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96-CE-01-AD.................................. de Havilland DHC-6 Series....... 61 FR 2175
96-CE-02-AD.................................. EMBRAER EMB-110P1/EMB-110P2..... 61 FR 2183
96-CE-03-AD.................................. Beech 99/200/1900 Series........ 61 FR 2180
96-CE-04-AD.................................. Dornier 228 Series.............. 61 FR 2172
96-CE-05-AD.................................. Cessna 208/208B................. 61 FR 2178
96-CE-06-AD.................................. Fairchild Aircraft SA226/SA227 61 FR 2189
Series.
96-CE-07-AD.................................. Jetstream 3101/3201............. 61 FR 2186
96-NM-13-AD.................................. Jetstream BAe ATP............... 61 FR 2144
96-NM-14-AD.................................. Jetstream 4101.................. 61 FR 2142
96-NM-15-AD.................................. British Aerospace HS 748 Series. 61 FR 2139
96-NM-16-AD.................................. Saab SF340A/SAAB 340B/SAAB 2000 61 FR 2169
Series.
96-NM-17-AD.................................. CASA C-212/CN-235 Series........ 61 FR 2166
96-NM-18-AD.................................. Dornier 328-100 Series.......... 61 FR 2157
96-NM-19-AD.................................. EMBRAER EMB-120 Series.......... 61 FR 2163
96-NM-20-AD.................................. de Havilland DHC-7/DHC-8 Series. 61 FR 2154
96-NM-21-AD.................................. Fokker F27 Mark 100/200/300/400/ 61 FR 2160
500/600/700/050 Series.
96-NM-22-AD.................................. Short Brothers SD3-30/SD3-60/SD3- 61 FR 2151
SHERPA Series.
95-NM-146-AD................................. Aerospatiale ATR-42/ATR-72 61 FR 2147
Series.
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Since issuance of those AD's, the FAA has determined that similar
AD's should be issued for similarly equipped airplanes that are not
used in regularly scheduled passenger service. Like the AD's written in
1996, the proposed rules described below would also provide visual cues
for recognizing severe icing conditions, procedures for exiting these
conditions, and prohibitions on the use of various flight control
devices. These proposed rules would apply to part 25 and certain part
23 airplanes that are equipped with unpowered aileron controls and
pneumatic de-icing boots. The part 23 NPRM's address airplanes
certificated in normal and utility categories (not used in agricultural
operations) that are used in part 135 on-demand and air-taxi operation,
and other airplanes regularly exposed to icing conditions. The proposed
rules affect the following airplanes.
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Airplane models Docket No.
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Aerospace Technologies of Australia, Models 97-CE-49-AD
N22B and N24A.
Harbin Aircraft Mfg. Corporation, Model Y12 97-CE-50-AD
IV.
Partenavia Costruzioni Aeronauticas, S.p.A., 97-CE-51-AD
Models P68, AP68TP 300, AP68TP 600.
Industrie Aeronautiche e Meccaniche Rinaldo 97-CE-52-AD
Piaggio S.p.A., Model P-180.
Pilatus Aircraft Ltd., Models PC-12 and PC-12/ 97-CE-53-AD
45.
Pilatus Britten-Norman Ltd., Models BN-2A, BN- 97-CE-54-AD
2B, and BN-2T.
SOCATA--Groupe Aerospatiale, Model TBM-700... 97-CE-55-AD
Aerostar Aircraft Corporation, Models PA-60- 97-CE-56-AD
600, -601, -601P, -602P, and -700P.
Twin Commander Aircraft Corporation, Models 97-CE-57-AD
500, -500-A, -500-B, -500-S, -500-U, -520, -
560, -560-A, -560-E, -560-F, -680, -680-E, -
680FL(P), -680T, -680V, -680W, -681, -685, -
690, -690A, -690B, -690C, -690D, -695, -
695A, -695B, and 720.
[[Page 48544]]
Raytheon Aircraft Company (formerly known as 97-CE-58-AD
Beech Aircraft Corporation), Models E55,
E55A, 58, 58A, 58P, 58PA, 58TC, 58TCA, 60
series, 65-B80 series, 65-B-90 series, 90
series, F90 series, 100 series, 300 series,
and B300 series.
Raytheon Aircraft Company (formerly known as 97-CE-59-AD
Beech Aircraft Corporation), Model 2000.
The New Piper Aircraft, Inc., Models PA-46 - 97-CE-60-AD
310P and PA-46-350P.
The New Piper Aircraft, Inc., Models PA-23, 97-CE-61-AD
PA-23-160, PA-23-235, A-23-250, PA-E23-250,
PA-30, PA-39, PA-40, PA-31, PA-31-300, PA-31-
325, PA-31-350, PA-34-200, PA-34-200T, PA-34-
220T, PA-42, PA-42-720, PA-42-1000.
Cessna Aircraft Company, Models P210N, T210N, 97-CE-62-AD
P210R, and 337 series.
Cessna Aircraft Company, Models T303, 310R, 97-CE-63-AD
T310R, 335, 340A, 402B, 402C, 404, F406,
414, 414A, 421B, 421C, 425, and 441.
SIAI-Marchetti S.r.I. (Augusta), Models SF600 97-CE-64-AD
and SF600A.
Cessna Aircraft Company, Models 500, 501, 97-NM-170-AD
550, 551, and 560 series.
Sabreliner Corporation, Models 40, 60, 70, 97-NM-171-AD
and 80 series.
Gulfstream Aerospace, Model G-159 series..... 97-NM-172-AD
McDonnell Douglas, Models DC-3 and DC-4 97-NM-173-AD
series.
Mitsubishi Heavy Industries, Model YS-11 and 97-NM-174-AD
YS-11A series.
Frakes Aviation, Model G-73 (Mallard) and G- 97-NM-175-AD
73T series.
Fairchild, Models F27 and FH227 series....... 97-NM-176-AD
Lockheed Models.............................. 97-NM-177-AD
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The FAA's Determination
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:
All Piper Model PA-46-310P and PA-46-350P airplanes must
be prohibited from flight in severe icing 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 severe icing 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 Australia and are type
certificated for operations 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 in which an
unrecoverable roll upset may occur, as a result of exposure to severe
icing conditions that are outside the icing limits for which the
airplanes were certificated, the proposed AD would require revising the
Limitations Section of the FAA-approved AFM to specify procedures that
would:
require flight crews to immediately request priority
handling from Air Traffic Control to exit severe icing 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 wing inspection lights be operative
prior to flight into known or forecast icing conditions at night.
This proposed AD would also require revising the Normal Procedures
Section of the FAA-approved 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.
Cost Impact
The FAA estimates that 399 airplanes in the U.S. registry would be
affected by the proposed AD, that it would take approximately 1
workhour per airplane to accomplish the proposed action, and that the
average labor rate is approximately $60 an hour. Since an owner/
operator who holds at least a private pilot's certificate as authorized
by Secs. 43.7 and 43.11 of the Federal Aviation Regulations (14 CFR
47.7 and 43.11) can accomplish the proposed action, the only cost
impact upon the public is the time it would take the affected airplane
owners/operators to incorporate the proposed AFM revisions.
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 the proposed action may impose
operational costs. However, these costs are incalculable because the
frequency of occurrence of the specified conditions and the associated
additional flight time cannot be determined. Nevertheless, because of
the severity of the unsafe condition, the FAA has determined that
continued operational safety necessitates the imposition of the 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 action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under 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 has been placed 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 48545]]
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 a new airworthiness directive
(AD) to read as follows:
The New Piper Aircraft, Inc.: Docket No. 97-CE-60-AD.
Applicability: Models PA-46-310P and PA-46-350P airplanes (all
serial numbers), 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 request approval for an
alternative method of compliance in accordance with paragraph (d) 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 already accomplished.
To minimize the potential hazards associated with operating the
airplane in severe 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 should 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.
``WARNING
Severe icing may result from 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 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.
During flight, severe icing conditions that exceed
those for which the airplane is certificated shall be determined by
the following visual cues. If one or more of these visual cues
exists, immediately request priority handling from Air Traffic
Control to facilitate a route or an altitude change to exit the
icing conditions.
--Unusually extensive ice accumulation on the airframe and
windshield in areas not normally observed to collect ice.
--Accumulation of ice on the upper surface of the wing aft of the
protected area.
Since the autopilot, when installed and operating, may
mask tactile cues that indicate adverse changes in handling
characteristics, use of the autopilot is prohibited when any of the
visual cues specified above exist, or when unusual lateral trim
requirements or autopilot trim warnings are encountered while the
airplane is in icing conditions.
All wing icing inspection lights must be operative
prior to flight into known or forecast 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.
``THE FOLLOWING WEATHER CONDITIONS MAY BE CONDUCIVE TO SEVERE IN-FLIGHT
ICING:
Visible rain at temperatures below 0 degrees Celsius
ambient air temperature.
Droplets that splash or splatter on impact at
temperatures below 0 degrees Celsius ambient air temperature.
PROCEDURES FOR EXITING THE SEVERE ICING ENVIRONMENT:
These procedures are applicable to all flight phases from
takeoff to landing. Monitor the ambient 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 Limitations Section of the AFM for identifying severe icing
conditions are observed, accomplish the following:
Immediately request priority handling from Air Traffic
Control to facilitate a route or an altitude change to exit the
severe icing conditions in order to avoid extended exposure to
flight conditions more severe than those for which the airplane has
been certificated.
Avoid abrupt and excessive maneuvering that may
exacerbate control difficulties.
Do not engage the autopilot.
If the autopilot is engaged, hold the control wheel
firmly and disengage the autopilot.
If an unusual roll response or uncommanded roll control
movement is observed, reduce the angle-of-attack.
Do not extend flaps when holding in icing conditions.
Operation with flaps extended can result in a reduced wing angle-of-
attack, with the possibility of ice forming on the upper surface
further aft on the wing than normal, possibly aft of the protected
area.
If the flaps are extended, do not retract them until
the airframe is clear of ice.
Report these weather conditions to Air Traffic
Control.''
(b) Incorporating the AFM revisions, as required by this AD, may
be performed by the owner/operator holding at least a private pilot
certificate as authorized by section 43.7 of the Federal Aviation
Regulations (14 CFR 43.7), and must be entered into the aircraft
records showing compliance with this AD in accordance with section
43.11 of the Federal Aviation Regulations (14 CFR 43.11).
(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.
(d) 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, Small Airplane Directorate, FAA,
1201 Walnut, suite 900, Kansas City, Missouri 64106. The request
shall be forwarded through an appropriate FAA Maintenance Inspector,
who may add comments and then send it to the Manager, Small Airplane
Directorate.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Small Airplane Directorate.
(e) All persons affected by this directive may examine
information related to this AD at the FAA, Central Region, Office of
the Assistant Chief Counsel, Room 1558, 601 E. 12th Street, Kansas
City, Missouri 64106.
Issued in Kansas City, Missouri, on September 9, 1997.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 97-24494 Filed 9-15-97; 8:45 am]
BILLING CODE 4910-13-U
