[Federal Register Volume 63, Number 185 (Thursday, September 24, 1998)]
[Proposed Rules]
[Pages 51045-51047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25480]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-77-AD]
RIN 2120-AA64


Airworthiness Directives; The New Piper Aircraft, Inc. PA-23, PA-
30, PA-31, PA-34, PA-39, PA-40, and PA-42 Series Airplanes

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to supersede Airworthiness Directive 
(AD) 98-04-27, which currently requires incorporating certain icing 
information into the FAA-approved airplane flight manual (AFM) of The 
New Piper Aircraft, Inc. (Piper) PA-23, PA-30, PA-31, PA-34, PA-39, PA-
40, and PA-42 series airplanes. The Federal Aviation Administration 
(FAA) inadvertently omitted Piper Models PA-31P, PA-31T, PA-31T1, PA-
31T2, and PA-31P-350 airplanes from the Applicability section of AD 98-
04-27. The proposed AD would retain the requirement of incorporating 
the icing information into the AFM for all airplanes affected by AD 98-
04-27, and would add the Piper Models PA-31P, PA-31T, PA-31T1, PA-31T2, 
and PA-31P-350 airplanes to the Applicability of that AD. 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 November 5, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 98-CE-77-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.

FOR FURTHER INFORMATION CONTACT: Mr. John P. Dow, Sr., Aerospace 
Engineer, FAA, Small Airplane Directorate, 1201 Walnut, suite 900, 
Kansas City, Missouri 64106; telephone: (816) 426-6932; facsimile: 
(816) 426-2169.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such

[[Page 51046]]

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. 98-CE-77-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 Regional Counsel, Attention: 
Rules Docket No. 98-CE-77-AD, Room 1558, 601 E. 12th Street, Kansas 
City, Missouri 64106.

Discussion

    AD 98-04-27, Amendment 39-10339 (63 FR 7668, February 17, 1998), 
currently requires revising the Limitations Section of the FAA-approved 
airplane flight manual (AFM) to specify procedures that would specify 
the following for PA-23, PA-30, PA-31, PA-34, PA-39, PA-40, and PA-42 
series airplanes:
     Require flight crews to immediately request priority 
handling from Air Traffic Control to exit severe icing conditions (as 
determined by certain visual cues);
     Prohibit flight in 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.
    That action also proposed to 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.

Actions Since Issuance of Previous Rule

    Since AD 98-04-27 became effective, the FAA has realized that it 
inadvertently omitted the Models PA-31P, PA-31T, PA-31T1, PA-31T2, and 
PA-31P-350 airplanes from the Applicability section of the AD.

The FAA's Determination

    After examining the circumstances and reviewing all available 
information related to the incidents described above, the FAA has 
determined that:

--The requirements of AD 98-04-27 should also apply to Piper Models PA-
31P, PA-31T, PA-31T1, PA-31T2, and PA-31P-350 airplanes; and
--AD action should be taken 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.

Explanation of the Provisions of the Proposed AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other PA-23, PA-30, PA-31, PA-34, PA-39, PA-40, and 
PA-42 series airplanes of the same type design, the FAA is proposing AD 
action to supersede AD 98-04-27. The proposed AD would retain from AD 
98-04-27 the requirement of incorporating certain icing information 
into the FAA-approved AFM for the affected airplanes, and would add 
Piper Models PA-31P, PA-31T, PA-31T1, PA-31T2, and PA-31P-350 airplanes 
to the Applicability section of the AD.

Cost Impact

    The FAA estimates that 5,265 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 43.9 of the Federal Aviation Regulations (14 CFR 47.7 
and 43.9) 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.

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

[[Page 51047]]

Administration proposes to amend 14 CFR part 39 of the Federal Aviation 
Regulations 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 removing Airworthiness Directive 
(AD) 98-04-27, Amendment 39-10339 (63 FR 7668, February 17, 1998), and 
by adding a new AD to read as follows:

The New Piper Aircraft, Inc.: Docket No. 98-CE-77-AD; Supersedes AD 
98-04-27, Amendment 39-10339.

    Applicability: Models PA-23, PA-23-160, PA-23-235, PA-23-250, 
PA-E23-250, PA-30, PA-39, PA-40, PA-31, PA-31-300, PA-31-325, PA-31-
350, PA-31P, PA-31T, PA-31T1, PA-31T2, PA-31P-350, PA-34-200, PA-34-
200T, PA-34-220T, PA-42, PA-42-720, and PA-42-1000 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 follows, unless already accomplished:
    1. For all affected airplanes, except for Models PA-31P, PA-31T, 
PA-31T1, PA-31T2, and PA-31P-350 airplanes: Within 30 days after 
March 13, 1997 (the effective date of AD 98-04-27).
    2. For all Models PA-31P, PA-31T, PA-31T1, PA-31T2, and PA-31P-
350 airplanes: Within the next 30 days after the effective date of 
this AD.
    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) At the applicable compliance time presented in the 
Compliance section 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.
--Accumulation of ice on the engine nacelles and propeller spinners 
farther aft than normally observed.

     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  x 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 Sec. 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 Sec. 43.9 
of the Federal Aviation Regulations (14 CFR 43.9).
    (c) Special flight permits may be issued in accordance with 
Secs. 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 equivalent level of safety may be 
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 Regional Counsel, Room 1558, 601 E. 12th Street, Kansas City, 
Missouri 64106.

    Issued in Kansas City, Missouri, on September 17, 1998.
Michael K. Dahl,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-25480 Filed 9-23-98; 8:45 am]
BILLING CODE 4910-13-P