[Federal Register Volume 66, Number 71 (Thursday, April 12, 2001)]
[Proposed Rules]
[Pages 18882-18884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9076]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-379-AD]
RIN 2120-AA64


Airworthiness Directives; Aerospatiale Model ATR42-200, -300, -
320, and -500 Series Airplanes and Model ATR72 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to all Aerospatiale Model ATR42-200, 
-300, -320, and -500 series airplanes and all

[[Page 18883]]

ATR72 series airplanes. This proposal would require revision of the 
Airplane Flight Manual (AFM) to modify procedures for takeoff when Type 
II or IV de-icing fluids have been used. This proposal is prompted by 
reports that use of these de-icing fluids is associated with an 
increase in the pitch forces necessary to rotate the airplane during 
takeoff and with other changes in performance. These changes could 
result in reduced controllability of the airplane. The action specified 
in this AD is intended to ensure that the flight crew is advised of the 
potential effects of Type II or IV de-icing fluids on the airplane's 
performance during takeoff and of the procedures necessary to address 
these effects.

DATES: Comments must be received by May 14, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-379-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2000-NM-379-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in the proposed rule 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.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, 1601 
Lind Avenue SW., Renton, Washington 98055-4056; telephone (425) 227-
1175; fax (425) 227-1149.

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 shall 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 action may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    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 summarizing 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 action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-379-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, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket Number 2000-NM-379-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    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 series airplanes 
and all Model ATR72 series airplanes. The DGAC advises that use of Type 
II or IV de-icing fluids prior to takeoff may affect the performance of 
the airplane on takeoff. The de-icing fluids are associated with an 
increase in the pitch forces necessary to rotate the airplane and other 
changes in performance, which could result in reduced controllability 
of the airplane.

FAA's Conclusions

    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.
    Specifically, the FAA finds that the FAA-approved Airplane Flight 
Manual (AFM) for Model ATR42 series airplanes and Model ATR72 series 
airplanes should be revised to advise the flight crew that use of Type 
II or IV de-icing fluids prior to takeoff affects the performance of 
the airplane and that the flight crew needs to follow procedures, such 
as increasing the takeoff distance, to compensate for these effects. 
The FAA finds that such procedures currently are not defined adequately 
in the AFM for these airplanes.

Explanation of Requirements of Proposed 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, the proposed AD would require revising the 
Appendices and Supplements chapter of the AFM to modify procedures for 
takeoff when Type II or IV de-icing fluids have been used. The revision 
would ensure that flight crews are advised of the potential hazards 
related to takeoff after Type II or IV de-icing fluids have been used 
and the procedures to address them.

Cost Impact

    The FAA estimates that 69 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 1 work 
hour per airplane to accomplish the proposed revision of the AFM, and 
that the average labor rate is $60 per work hour. Based on these 
figures, the cost impact of the proposed AD on U.S. operators is 
estimated to be $4,140 or $60 per airplane.
    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 proposed AD were not adopted. The

[[Page 18884]]

cost impact figures discussed in AD rulemaking actions represent only 
the time necessary to perform the specific actions actually required by 
the AD. These figures typically do not include incidental costs, such 
as the time required to gain access and close up, planning time, or 
time necessitated by other administrative actions.

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 proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the 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 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.

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 U.S.C. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

Aerospatiale: Docket 2000-NM-379-AD.

    Applicability: All Model ATR42-200, -300, -320, and ``500 series 
airplanes and all Model ATR72 series airplanes, certificated in any 
category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To ensure that the flight crew is advised of the potential 
hazard associated with use of Type II of IV de-icing fluids prior to 
takeoff and the procedures necessary to address it, accomplish the 
following:

Revision of the Airplane Flight Manual

    (a) Within 15 days after the effective date of this AD, revise 
the Appendices and Supplements chapter of the FAA-approved Airplane 
Flight Manual (AFM) by incorporating the manufacturer's Appendix on 
this issue or by including the following, which may be accomplished 
by including a copy of this AD in the AFM.

``Takeoff After Use of Fluid Type II or IV

    This appendix applies only to aircraft de-iced or anti-iced 
before takeoff, using fluid Type II or IV.
    These types of fluid may lead to an increase in control forces 
necessary to rotate, and then to a modification of takeoff 
performance.
    Therefore, this flight manual must be modified as follows:

1. General

    The general information in Section 1 is applicable.

2. Limitations

    The limitations in Section 2 are applicable.

3. Normal Procedures

    The normal procedures in Section 3 are applicable.

4. Emergency Procedures

    The emergency procedures in Section 4 are applicable.

5. Procedures Following Failures

    The procedures following failures in Section 5 are applicable.

6. Performances

    The performances in Section 6 for dry runways and in Section 
7.03 for non-dry runways (advisory materials) are applicable with 
the addition of the following for takeoff computations:
     Determine VR for the lowest available V2,
     Assume V1=VR,
     Increase TOR, TOD, ASD by 20%.

7. Appendices and Supplements

    Data of Section 7 are applicable by adding what follows:
    For the dispatch cases:
     Apply takeoff penalties due to the system failure,
     Then apply takeoff penalties due to the use of fluid 
Type II or IV.
    Dispatch is not authorized in the following cases:
     Ferry flight with pitch elevators disconnected,
     Takeoff with flaps retracted.''

Alternative Methods of Compliance

    (b) 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, 
Transport Airplane Directorate, FAA. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.

    Note 1: 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

    (c) 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.

    Note 2: The subject of this AD is addressed in French 
airworthiness directives 2000-449-082(B) and 2000-448-053(B), both 
dated October 31, 2000.


    Issued in Renton, Washington, on April 6, 2001.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-9076 Filed 4-11-01; 8:45 am]
BILLING CODE 4910-13-P