[Federal Register Volume 61, Number 17 (Thursday, January 25, 1996)]
[Proposed Rules]
[Pages 2183-2186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1222]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 96-CE-02-AD]


Airworthiness Directives; Empresa Brasileiro de Aeronautico, S.A. 
Models EMB-110P1 and EMB-110P2 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 Empresa Brasileiro de Aeronautico, S.A. 
(EMBRAER) Models EMB-110P1 and EMB-110P2 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 

[[Page 2184]]
more clearly defined procedures and limitations associated with such 
conditions.

DATES: Comments must be received on or before March 7, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket No. 96-CE-02-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.
    Information that relates to the proposed AD may be examined at the 
Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr. John W. McGraw, Aerospace 
Engineer, FAA, Atlanta Aircraft Certification Office, Campus Building, 
1701 Columbia Avenue, suite 2-160, College Park, Georgia 30337-2748; 
telephone (404) 305-7336; facsimile (404) 305-7348.

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. 96-CE-02-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. 96-CE-02-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 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. On the accident aircraft, 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 any airplane. Section 23.1419 of the Federal 
Aviation Regulations (14 CFR 23.1419) cross-references Appendix C of 
part 14 of the Federal Aviation Regulations (14 CFR part 25). Freezing 
rain is an atmospheric condition that also is outside the icing 
envelope. Such icing conditions are not defined in Appendix C of part 
25 of the Federal Aviation Regulations (14 CFR part 25) for 
certification of any airplane, 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 

[[Page 2185]]
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:
     EMBRAER Models EMB-110P1 and EMB-110P2 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.
    This airplane model is manufactured in Brazil and is 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 on 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.

Cost Impact

    The FAA estimates that 50 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 sections 43.7 and 43.11 of the Federal Aviation Regulations (14 CFR 
43.7 and 43.11) can accomplish the proposed action, the only cost 
impact upon the public is the time it would take the affected airplane 
owner/operators to incorporate the proposed AFM revisions.

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.

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:

Empresa Brasileira de Aeronautica, S.A. (Embraer): Docket No. 96-CE-
02-AD.

    Applicability: Models EMB-110P1 and EMB-110P2 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 (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: Required as indicated, unless already accomplished.
    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 

[[Page 2186]]
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. 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.

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) 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) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
approved by the Manager, Atlanta Aircraft Certification Office 
(ACO), Campus Building, 1701 Columbia Avenue, suite 2-160, College 
Park, Georgia 30337-2748. The request shall be forwarded through an 
appropriate FAA Maintenance Inspector, who may add comments and then 
send it to the Manager, Atlanta ACO.

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

    (d) 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 January 19, 1996.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 96-1222 Filed 1-24-96; 8:45 am]
BILLING CODE 4910-13-U