[Federal Register Volume 68, Number 36 (Monday, February 24, 2003)]
[Proposed Rules]
[Pages 8555-8558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4243]


 ========================================================================
 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. 68, No. 36 / Monday, February 24, 2003 / 
Proposed Rules  

[[Page 8555]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-306-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 supersedure of an existing 
airworthiness directive (AD), applicable to all Aerospatiale Model 
ATR42-200, -300, -320, and -500 series airplanes; and all Model ATR72 
series airplanes; that currently requires revising the Airplane Flight 
Manual (AFM) to modify procedures for calculating takeoff performance 
when Type II or IV de-icing or anti-icing fluids have been used. This 
action would require revising the existing AFM revision to correct the 
performance values for Model ATR-72 series airplanes and to provide an 
additional method of compliance for all airplanes. This proposal is 
prompted by issuance of mandatory continuing airworthiness information 
by a civil airworthiness authority. The actions specified by the 
proposed AD are intended to ensure that the flightcrew 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 
flightcrew is advised of the revised performance calculations for 
takeoff to address these effects.

DATES: Comments must be received by March 26, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-306-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. 2001-NM-306-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.

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: 

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:
    [sbull] 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.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] 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 2001-NM-306-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 No. 2001-NM-306-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On August 15, 2001, the FAA issued AD 2001-16-10, amendment 39-
12379 (66 FR 44032, August 22, 2001), applicable to all Aerospatiale 
Model ATR42-200, -300, -320, and -500 series airplanes; and all Model 
ATR72 series airplanes; to require revising the Airplane Flight Manual 
(AFM) to modify procedures for calculating takeoff performance when 
Type II or IV de-icing or anti-icing fluids have been used. That action 
was prompted by reports that use of these 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 late 
aborted takeoff. The requirements of that AD are intended to ensure 
that the flightcrew 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 flightcrew is advised of the revised 
performance calculations for takeoff to address these effects.

Actions Since Issuance of Previous Rule

    Since the issuance of AD 2001-16-10, the Direction 
G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, advises that the existing AFM 
revision includes incorrect percentages for increasing takeoff run 
(TOR), takeoff distance (TOD), and accelerate-stop distance (ASD) on 
Model ATR72 series airplanes. The DGAC had required an increase in TOR, 
TOD, and ASD in French airworthiness directives 2000-449-082(B) and 
2000-448-053(B), both

[[Page 8556]]

dated October 31, 2000. (The identical requirements to revise the AFM 
were also specified in the FAA's AD 2001-16-10.)
    Subsequently, the DGAC has reviewed flight simulations performed by 
the manufacturer of Model ATR42-200, -300, -320, and -500 series 
airplanes, and Model ATR72 series airplanes, and consequently approved 
an additional compliance method. The additional compliance method 
allows an ``assisted rotation at takeoff.'' This is a procedure 
executed by the captain and the non-flying pilot when the flightcrew 
encounters increased pitch control forces, leading to difficulties in 
rotating. However, this method can only be applied if the flightcrew 
has been properly trained. The DGAC has determined that the procedure 
for assisted rotation at takeoff provides a level of safety equivalent 
to the requirements to revise the AFM specified in previously issued 
French airworthiness directives 2000-449-082(B) and 2000-448-053(B).
    The DGAC has issued airworthiness directives 2000-448-053(B) R2 and 
2000-449-082(B) R2, both dated September 19, 2001, in order to assure 
the continued airworthiness of these airplanes in France. These French 
airworthiness directives correct the incorrect percentages for TOR, 
TOD, and ASD, and specify the additional compliance method described 
previously.

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.

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 supersede AD 2001-16-10 to 
continue to require revising the AFM to modify procedures for 
calculating takeoff performance when Type II or IV de-icing or anti-
icing fluids have been used. The proposed AD also would require 
revising the existing AFM revision to correct the performance values 
(for Model ATR-72 series airplanes) and to provide an optional method 
of compliance (for all affected models).

Cost Impact

    There are approximately 159 airplanes of U.S. registry that would 
be affected by this proposed AD.
    The AFM revision currently required by AD 2001-16-10 takes 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the currently required revision of the AFM on U.S. operators 
is estimated to be $9,540, or $60 per airplane.
    The new AFM revision that is proposed in this AD action would take 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the new proposed requirements of this AD on U.S. operators is 
estimated to be $9,540, or $60 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or proposed 
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 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 removing amendment 39-12379 (66 FR 
44032, August 22, 2001), and by adding a new airworthiness directive 
(AD), to read as follows:

Aerospatiale: Docket 2001-NM-306-AD. Supersedes AD 2001-16-10, 
Amendment 39-12379.

    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 flightcrew 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 
flightcrew is advised of the revised performance calculations for 
takeoff to address these effects, accomplish the following:

Restatement of Requirements of AD 2001-16-10

Revision of the Airplane Flight Manual (AFM)

    (a) Within 15 days after September 26, 2001 (the effective date 
of AD 2001-16-10, amendment 39-12379), 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.

[[Page 8557]]

    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:

[sbull] Determine VR for the lowest available V2,
[sbull] Assume V1=VR,
[sbull] Increase TOR, TOD, ASD by 20%.

7. Appendices and Supplements

    Data of Section 7 are applicable by adding what follows:
    For the dispatch cases:

[sbull] Apply takeoff penalties due to the system failure,
[sbull] Then apply takeoff penalties due to the use of fluids Type 
II or IV.

    Dispatch is not authorized in the following cases:

[sbull] Ferry flight with pitch elevators disconnected,
[sbull] Takeoff with flaps retracted.''

New Requirements of This AD

AFM Revision: Model ATR 42-200, -300, -320, and -500 Series Airplanes

    (b) For Model ATR42-200, -300, -320, and -500 series airplanes: 
Within 15 days after the effective date of this AD, revise the 
Appendices and Supplements chapter of the AFM by removing the AFM 
revision required by paragraph (a) of this AD and inserting the 
following procedures in the AFM (this may be accomplished by 
inserting a copy of this AD into 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:

Compliance Method Number 1

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:
    [sbull] Determine VR for the lowest available V2,
    [sbull] Assume V1=VR,
    [sbull] Increase TOR, TOD, ASD by 20%.

7. Appendices and Supplements

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

Compliance Method Number 2

Crew Training Required

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 with the 
addition of the following:
    The Captain must be the pilot flying and the pre-takeoff 
briefing must include the following takeoff procedure (refer to 
point 5).

4. Emergency Procedures

    The emergency procedures in Section 4 are applicable.

5. Procedures Following Failures

    The procedures following failures in Section 5 are applicable 
with the addition of the following:

TAKEOFF SEQUENCE

    In case of difficulties to rotate, the Captain (CPT) should 
request the non-flying pilot's (NFP's) assistance. In that case, on 
CPT order, NFP pulls the control column until 5 pitch attitude is 
reached, then NFP releases the controls.

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:
    Increase TOD by 70 m for ATR 42-300
    Increase TOD by 80 m for ATR-42-400/-500

6. Appendices and Supplements

    Data of Section 7 are applicable with the addition of the 
following:
    For the dispatch cases:
    [sbull] Apply takeoff penalties due to the system failure,
    [sbull] Then apply takeoff penalties due to the use of fluid 
Type II or IV.
    Dispatch is not authorized in the following cases:
    [sbull] Ferry flight with pitch elevators disconnected,
    [sbull] Take-off with flaps retracted.''

AFM Revision: Model ATR 72 Series Airplanes

    (c) For Model ATR72 series airplanes: Within 15 days after the 
effective date of this AD, revise the Appendices and Supplements 
chapter of the AFM by removing the AFM revision required by 
paragraph (a) of this AD and inserting the following procedures in 
the AFM (this may be accomplished by inserting a copy of this AD 
into 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:

Compliance Method Number 1

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:
    [sbull] Determine VR for the lowest available V2,
    [sbull] Assume V1=VR,
    [sbull] Increase TOR, TOD, ASD by 25%.

7. Appendices and Supplements

    Data of Section 7 are applicable by adding what follows:
    For the dispatch cases:
    [sbull] Apply takeoff penalties due to the system failure,
    [sbull] Then apply takeoff penalties due to the use of fluid 
Type II or IV.
    Dispatch is not authorized in the following cases:

[[Page 8558]]

    [sbull] Ferry flight with pitch elevators disconnected,
    [sbull] Take-off with flaps retracted.

Compliance Method Number 2

Crew Training Required

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 with the 
addition of the following:
    The Captain must be the pilot flying and the pre-takeoff 
briefing must include the following takeoff procedure (refer to 
point 5).

4. Emergency Procedures

    The emergency procedures in Section 4 are applicable.

5. Procedures Following Failures

    The procedures following failures in Section 5 are applicable 
with the addition of the following:

TAKEOFF SEQUENCE

    In case of difficulties to rotate, the Captain (CPT) should 
request the non-flying pilot's (NFP's) assistance. In that case, on 
CPT order, NFP pulls the control column until 5[deg] pitch attitude 
is reached, then NFP releases the controls.

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:
    Increase TOD by 70 m.

6. Appendices and Supplements

    Data of Section 7 are applicable with the addition of the 
following:
    For the dispatch cases:
    [sbull] Apply takeoff penalties due to the system failure,
    [sbull] Then apply takeoff penalties due to the use of fluid 
Type II or IV.
    Dispatch is not authorized in the following cases:
    [sbull] Ferry flight with pitch elevators disconnected,
    [sbull] Take-off with flaps retracted.''

Alternative Methods of Compliance

    (d) 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 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

    (e) 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 3: The subject of this AD is addressed in French 
airworthiness directives 2000-448-053(B) R2 and 2000-449-082(B) R2, 
both dated September 19, 2001.


    Issued in Renton, Washington, on February 14, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-4243 Filed 2-21-03; 8:45 am]
BILLING CODE 4910-13-P