[Federal Register Volume 64, Number 123 (Monday, June 28, 1999)]
[Unknown Section]
[Pages 34530-34532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16278]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-CE-77-AD; Amendment 39-11209; AD 99-14-01]
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
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment supersedes 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.
This AD retains the requirement of incorporating the icing information
into the AFM for all airplanes affected by AD 98-04-27, and adds Piper
Models PA-31P, PA-31T, PA-31T1, PA-31T2, and PA-31P-350 airplanes to
the Applicability section of the AD. The actions specified by this 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: Effective August 17, 1999.
ADDRESSES: This information may also be examined at 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.
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:
Events Leading to the Issuance of This AD
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to include an AD that would apply to Piper PA-23, PA-30,
PA-31, PA-34, PA-39, PA-40, and PA-42 series airplanes was published in
the Federal Register on September 24, 1998 (63 FR 51045). The NPRM
proposed to supersede AD 98-04-27, Amendment 39-10339 (63 FR 7668,
February 17, 1998). AD 98-04-27 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.
AD 98-04-27 also required 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.
The NPRM proposed to 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.
The NPRM was the result of the FAA inadvertently omitting Piper
Models PA-31P, PA-31T, PA-31T1, PA-31T2, and PA-31P-350 airplanes from
the Applicability section of AD 98-04-27
Interested persons have been afforded an opportunity to participate
in the making of this amendment. No comments were received on the
proposed rule or the FAA's determination of the cost to the public.
The FAA's Determination
After careful review of all available information related to the
subject presented above, the FAA has determined that air safety and the
public interest require the adoption of the rule as proposed except for
minor editorial corrections. The FAA has determined that these minor
corrections will not change the meaning of the AD and will not add any
additional burden upon the public than was already proposed.
Cost Impact
The FAA estimates that 5,265 airplanes in the U.S. registry will be
affected by this AD, that it will take approximately 1 workhour per
airplane to accomplish this 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 Sec. Sec. 43.7 and 43.9 of
the Federal Aviation Regulations (14 CFR 47.7 and 43.9) can accomplish
this action, the only cost impact upon the public is the time it will
take the affected airplane owners/operators to incorporate the AFM
revisions.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator will accomplish these actions in the
future if this AD were not adopted.
In addition, the FAA recognizes that this 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.
[[Page 34531]]
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.
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) 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 final 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.
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 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:
99-14-01 The New Piper Aircraft, Inc.: Amendment 39-11209; 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 -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
[[Page 34532]]
accordance with Sec. 43.9 of the Federal Aviation Regulations (14
CFR 43.9).
(c) Special flight permits may be issued in accordance with
Sec. Sec. 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.
(f) This amendment supersedes AD 98-04-27, Amendment 39-10339.
(g) This amendment becomes effective on August 17, 1999.
Issued in Kansas City, Missouri, on June 18, 1999.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 99-16278 Filed 6-25-99; 8:45 am]
BILLING CODE 4910-13-U