[Federal Register Volume 66, Number 163 (Wednesday, August 22, 2001)]
[Rules and Regulations]
[Pages 44032-44034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21102]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-379-AD; Amendment 39-12379; AD 2001-16-10]
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: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all Aerospatiale Model ATR42-200, -300, -320, and -500 
series airplanes; and all Model ATR72 series airplanes. The AD requires 
revising the Airplane Flight Manual to modify procedures for 
calculating takeoff performance when Type II or IV de-icing or anti-
icing fluids have been used. This amendment is prompted by reports that 
use of these de-icing or anti-icing fluids may result in an increase in 
the pitch forces necessary to rotate the airplane during takeoff. This 
condition could result in a delayed takeoff or even late aborted 
takeoff. The actions specified by this AD are intended to ensure that 
the flight crew is advised of the potential effects of Type II or IV 
de-icing or anti-icing fluids on the airplane's performance during 
takeoff, and to ensure that the flight crew is advised of the revised 
performance calculations for takeoff to address these effects.

DATES: Effective September 26, 2001.

ADDRESSES: Information related to this AD may be examined at the 
Federal Aviation Administration (FAA), Transport Airplane Directorate, 
Rules Docket, 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.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to all Aerospatiale Model ATR42-200, 
-300, -320, and -500 series airplanes, and all Model ATR72 series 
airplanes, was published in the Federal Register on April 12, 2001 (66 
FR 18882). That action proposed to require revising the Airplane Flight 
Manual (AFM) to modify procedures for takeoff when Type II or IV de-
icing fluids have been used.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Request To Revise Unsafe Condition

    One commenter (the manufacturer) disagrees with certain 
characterizations in the proposed AD related to the unsafe condition's 
potential effects on the affected airplanes. The commenter suggests 
that application of Type II or IV de-icing or anti-icing fluids may 
induce a stick force increase at rotation, but no performance 
degradation. Between 1991 and 1998, there were five reported cases of 
aborted takeoff (above V1) after use of Type II or IV fluids, but no 
change in the performance of those airplanes. To provide the necessary 
margins for a delayed takeoff or even a late aborted takeoff on limited 
runways, the manufacturer has recommended increasing the takeoff 
distance for airplanes using Type II or IV fluids, as reflected in the 
revised takeoff performance calculations in the AFM. Accordingly, the 
commenter requests the following changes to the proposed AD:
     The commenter requests that ``Type II or IV de-icing 
fluids'' also refer to ``anti-icing fluids.''
     The commenter requests that the effect on the airplane 
resulting from the unsafe condition be revised from ``reduced 
controllability of the airplane'' to ``delayed or even late aborted 
takeoff.''
     The commenter requests that the description of the revised 
AFM procedures be revised from ``procedures for takeoff'' to 
``procedures for calculating takeoff performance.''
    The FAA partially concurs. The FAA finds that, while the requested 
changes are not substantive and will not have a significant bearing on 
how operators will comply with the AD, the changes provide a more 
accurate description of the effect of the fluids on the performance of 
the airplane. The final rule has been revised accordingly.

Request To Revise Cost Impact

    This same commenter (the manufacturer) requests a revision of the 
number of affected U.S.-registered airplanes identified in the Cost 
Impact section of the proposed AD. According to the manufacturer's 
data, the number

[[Page 44033]]

of affected airplanes should be 159, not 69. The FAA concurs and has 
revised the final rule accordingly.

Additional Change to Final Rule

    The introductory language of paragraph (a) of this final rule has 
been revised to provide a better explanation of the actions required by 
that paragraph.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes described 
previously. The FAA has determined that these changes will neither 
significantly increase the economic burden on any operator nor increase 
the scope of the AD.

Cost Impact

    The FAA estimates that 159 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 1 work hour per 
airplane to accomplish the required actions, and that the average labor 
rate is $60 per work hour. Based on these figures, the cost impact of 
the AD on U.S. operators is estimated to be $9,540, or $60 per 
airplane.
    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 would accomplish those actions in the 
future if this AD were not adopted. The 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 adopted herein will 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 final rule does 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) 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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from 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 adding the following new 
airworthiness directive:

2001-16-10  Aerospatiale: Amendment 39-12379. 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 
effects of Type II or IV de-icing or anti-icing fluids on the 
airplane's performance during takeoff, and to ensure that the flight 
crew is advised of the revised performance calculations for takeoff 
to address these effects, accomplish the following:

Revision of the Airplane Flight Manual (AFM)

    (a) Within 15 days after the effective date of this AD, revise 
the Appendices and Supplements chapter of the FAA-approved AFM by 
including either the following manufacturer's Appendix ``Takeoff 
after use of Fluid Type II or IV'' or 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 fluids 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.

Effective Date

    (d) This amendment becomes effective on September 26, 2001.



[[Page 44034]]


    Issued in Renton, Washington, on August 15, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-21102 Filed 8-21-01; 8:45 am]
BILLING CODE 4910-13-P