[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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