[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]
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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.
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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]
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