[Federal Register Volume 65, Number 62 (Thursday, March 30, 2000)]
[Proposed Rules]
[Pages 16845-16847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7878]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 65, No. 62 / Thursday, March 30, 2000 / 
Proposed Rules  

[[Page 16845]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-CE-20-AD]
RIN 2120-AA64


Airworthiness Directives; The New Piper Aircraft, Inc. PA-42 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to certain The New Piper Aircraft, Inc. (Piper) 
PA-42 series airplanes. The proposed AD requires that you revise the 
Airplane Flight Manual (AFM) to include requirements for activation of 
the airframe pneumatic deicing boots. The proposed AD is the result of 
reports of in-flight incidents and an accident that occurred in icing 
conditions where the airframe pneumatic deicing boots were not 
activated. The actions specified by the proposed AD are intended to 
assure that flightcrews have the information necessary to activate the 
pneumatic wing and tail deicing boots at the first signs of ice 
accumulation. Without this information, flightcrews could experience 
reduced controllability of the aircraft due to adverse aerodynamic 
effects of ice adhering to the airplane prior to the first deicing 
cycle.

DATES: The Federal Aviation Administration (FAA) must receive any 
comments on this rule on or before June 2, 2000.

ADDRESSES: Submit comments in triplicate to FAA, Central Region, Office 
of the Regional Counsel, Attention: Rules Docket No. 2000-CE-20-AD, 901 
Locust, Room 506, 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: 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

    The FAA invites comments on this proposed rule. You may submit 
whatever written data, views, or arguments you choose. You need to 
include the rule's docket number and submit your comments in triplicate 
to the address specified under the caption ADDRESSES.The FAA will 
consider all comments received on or before the closing date. We may 
amend the proposed rule in light of comments received. Factual 
information that supports your ideas and suggestions is extremely 
helpful in evaluating the effectiveness of the proposed AD action and 
determining whether we need to take additional rulemaking action.
    The FAA is re-examining the writing style we currently use in 
regulatory documents, in response to the Presidential memorandum of 
June 1, 1998. That memorandum requires federal agencies to communicate 
more clearly with the public. We are interested in your comments on 
whether the style of this document is clearer, and any other 
suggestions you might have to improve the clarity of FAA communications 
that affect you. You can get more information about the Presidential 
memorandum and the plain language initiative at http://www.plainlanguage.gov.
    The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule that 
might suggest a need to modify the rule. You may examine all comments 
we receive before and after the closing date of the rule in the Rules 
Docket. We will file a report in the Rules Docket that summarizes each 
FAA contact with the public that concerns the substantive parts of the 
proposed AD.
    If you want us to acknowledge the receipt of your comments, you 
must include a self-addressed, stamped postcard. On the postcard, write 
``Comments to Docket No. 2000-CE-20-AD.'' We will date stamp and mail 
the postcard back to you.

Discussion

    What events have caused this AD? On January 9, 1997, an Empresa 
Brazileira de Aeronautica, S.A. (EMBRAER) Model EMB-120RT series 
airplane was involved in an uncommanded roll excursion and consequent 
rapid descent that resulted in an accident near Monroe, Michigan. The 
post-accident investigation conducted by the National Transportation 
Safety Board (NTSB) concluded that the airplane had accumulated a thin, 
rough layer of ice on its lifting surfaces. That accumulation of ice, 
in combination with the slowing of the airplane to an airspeed 
inappropriate for the icing conditions in which the airplane was 
flying, resulted in loss of control that was not corrected before the 
airplane impacted the ground. The NTSB also concluded that the flight 
crew did not activate the wing and tail pneumatic deicing boots. An 
NTSB recommendation related to this accident requested that FAA mandate 
that pneumatic deicing boots be turned on as soon as the airplane 
enters icing conditions.
    We reviewed the icing-related incident history of certain airplanes 
and we determined that icing incidents may have occurred because 
pneumatic deicing boots were not activated at the first evidence of ice 
accretion. As a result, the handling qualities or the controllability 
of the airplane may have been reduced due to the accumulated ice. That 
factor was present in the accident discussed previously and, as such, 
constitutes an unsafe condition.
    Based on the incidents above, we initiated AD action against 
several make and model airplanes, including The New Piper Aircraft, 
Inc. (Piper) PA-31 series airplanes (Docket No. 99-CE-49-AD). The AD's 
required revising the Airplane Flight Manual (AFM) to include 
requirements for activation of the airframe pneumatic deicing boots.
    Comments received on Docket No. 99-CE-49-AD indicated that the 
proposed actions should also apply to Piper PA-42 series airplanes. 
Rather than hold up the AD on the Piper PA-31 series airplanes, we 
decided to initiate a separate AD action (NPRM) for the Piper Models 
PA-42, PA42-720, PA42-720R, and PA42-1000 airplanes.
    What are the consequences if the condition is not corrected? This 
condition, if not corrected, could lead to

[[Page 16846]]

reduced controllability of the aircraft due to adverse aerodynamic 
effects of ice adhering to the airplane prior to the first deicing 
cycle.

The FAA's Determination and an Explanation of the Provisions of the 
Proposed AD

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

--an unsafe condition referenced in this document exists or could 
develop on other Piper PA-42 series airplanes of the same type design; 
and
--AD action should be taken in order to prevent reduced controllability 
of the aircraft due to adverse aerodynamic effects of ice adhering to 
the airplane prior to the first deicing cycle.

    What does this AD require? The proposed AD requires you to revise 
the Limitations Section of the AFM to include requirements for 
activation of pneumatic deicing boots at the first indication of ice 
accumulation on the airplane.

Cost Impact

    How many airplanes does the proposed AD impact? We estimate that 
120 airplanes in the U.S. registry would be affected by the proposed 
AD.
    What is the cost impact of the initial inspection on owners/
operators of the affected airplanes? We estimate that it would take 
approximately 1 workhour per airplane to accomplish the proposed AFM 
revisions. Accomplishing the proposed AFM revision requirements of this 
NPRM 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 the proposed AD in accordance with 
section 43.9 of the Federal Aviation Regulations (14 CFR 43.9). The 
only cost impact of the proposed AD is the time it would take each 
owner/operator of the affected airplanes to insert the information into 
the AFM.

Regulatory Impact

    The regulations proposed herein would not have a substantial direct 
effect 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, it 
is determined that this proposed rule would not have federalism 
implications under Executive Order 13132.
    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 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 adding a new airworthiness directive 
(AD) to read as follows:

The New Piper Aircraft, Inc.: Docket No. 2000-CE-20-AD.

    (a) What airplanes are affected by this AD? Models PA-42, PA-42-
720, PA-42-720R, and PA-42-1000 airplanes, all serial numbers, that 
are:
    (1) Equipped with pneumatic deicing boots; and
    (2) Certificated in any category.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the above airplanes on the U.S. Register. The AD does not 
apply to your airplane if it is not equipped with pneumatic de-icing 
boots.
    (c) What problem does this AD address? The information necessary 
to activate the pneumatic wing and tail deicing boots at the first 
signs of ice accumulation is critical for flight in icing 
conditions. If we did not take action to include this information, 
flight crews could experience reduced controllability of the 
aircraft due to adverse aerodynamic effects of ice adhering to the 
airplane prior to the first deicing cycle.
    (d) What must I do to address this problem? To address this 
problem, you must revise the Limitations Section of FAA-approved 
Airplane Flight Manual (AFM) to include the following requirements 
for activation of the ice protection systems. You must accomplish 
this action within the next 10 calendar days after the effective 
date of this AD, unless already accomplished. You may insert a copy 
of this AD in the AFM to accomplish this action:

`` Except for certain phases of flight where the AFM 
specifies that deicing boots should not be used (e.g., take-off, 
final approach, and landing), compliance with the following is 
required.
 Wing and Tail Leading Edge Pneumatic Deicing Boot System, 
if installed, must be activated:
    --At the first sign of ice formation anywhere on the aircraft, 
or upon annunciation from an ice detector system, whichever occurs 
first; and
    --The system must either be continued to be operated in the 
automatic cycling mode, if available; or the system must be manually 
cycled as needed to minimize the ice accretions on the airframe.
 The wing and tail leading edge pneumatic deicing boot 
system may be deactivated only after:
    --Leaving known or observed/detected icing that the flight crew 
has visually observed on the aircraft or was identified by the on-
board sensors; and
    --After the airplane is determined to be clear of ice.''

    Note: The FAA recommends periodic treatment of deicing boots 
with approved ice release agents, such as ICEX \TM\, in accordance 
with the manufacturer's application instructions.

    (e) Can the pilot accomplish the action? Yes. Anyone who holds 
at least a private pilot certificate, as authorized by section 43.7 
of the Federal Aviation Regulations (14 CFR 43.7), may incorporate 
the AFM revisions required by this AD. You must make an entry into 
the aircraft records that shows compliance with this AD, in 
accordance with section 43.9 of the Federal Aviation Regulations (14 
CFR 43.9).
    (f) Can I comply with this AD in any other way? Yes.
    (1) You may use an alternative method of compliance or adjust 
the compliance time if:
    (i) Your alternative method of compliance provides an equivalent 
level of safety; and
    (ii) The Manager, Small Airplane Directorate, approves your 
alternative. Submit your request through an FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager.
    (2) 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 (f)(1) 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 you have not eliminated the unsafe 
condition, specific actions you propose to address it.

[[Page 16847]]

    (g) Where can I get information about any already-approved 
alternative methods of compliance? Contact the Small Airplane 
Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; 
telephone: (816) 329-4121; facsimile: (816) 329-4091.
    (h) What if I need to fly the airplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate your airplane to a location where 
you can accomplish the requirements of this AD.

    Issued in Kansas City, Missouri, on March 22, 2000.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 00-7878 Filed 3-29-00; 8:45 am]
BILLING CODE 4910-13-U