[Federal Register Volume 68, Number 175 (Wednesday, September 10, 2003)]
[Rules and Regulations]
[Pages 53284-53287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22703]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-306-AD; Amendment 39-13298; AD 2003-18-07]
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 supersedes 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 amendment requires 
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 amendment is prompted by issuance 
of mandatory continuing airworthiness information by a civil aviation 
authority. The actions specified by this 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: Effective October 15, 2003.

ADDRESSES: Information pertaining to this amendment may be examined at 
the Federal Aviation Administration (FAA), Transport Airplane 
Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Gary Lium, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, 1601 
Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 227-
1112; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 2001-16-10, 
amendment 39-12379 (66 FR 44032, August 22, 2001), which 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 February 24, 2003 (68 FR 8555). The action proposed 
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.

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 from a single commenter.

Request To Change Paragraph (b)

    The commenter does not agree that the follow-on procedures for Type 
II or Type IV de-icing fluid use, as specified in paragraph (b) of the 
proposed rule, are adequate. The commenter states that using these 
types of fluid on the subject airplanes can cause higher-than-normal 
stick forces during rotation. The commenter notes that a lightly loaded 
ATR airplane typically has a rotation speed of under 100 knots, and due 
to the shearing dynamics of the de-icing fluid, there may be fluid on 
the tail during rotation. The commenter adds that it objects to the 
solutions for these problems, as specified in the proposed rule and 
recommended by the airplane manufacturer and the Direction 
G[eacute]n[eacute]rale de l'Aviation Civile (which is the airworthiness 
authority for France). The commenter states that Compliance Method 
Number 1 would result in a flightcrew aborting the takeoff after 
V1 (takeoff decision speed), which negates the procedures 
the flightcrews have been trained to use and would seriously jeopardize 
safety of flight. The commenter adds that Compliance Method Number 2 
should be used only in a dire emergency, because both crew members 
should not be manipulating the controls during a critical phase of 
flight, such as takeoff.
    The FAA does not agree that a potential unsafe condition could 
occur should an operator choose to use Compliance Method Number 1. This 
compliance method necessitates an increase in required runway length in 
order to provide the necessary margins in a case of late rotation or an 
aborted takeoff after V1. This should not be interpreted as 
a reconsideration of the concept of V1 as a decision speed, 
or as an incentive to abort takeoff after V1. Flightcrews 
should be trained to continue the takeoff after V1, even in 
the case of increased pitch control forces. However, despite published 
procedures and training, the possibility that a flightcrew would 
consider the pitch control forces so high that takeoff is impossible, 
and decide to abort the takeoff after V1, cannot be 
excluded. In such a case, the AFM procedures specified in this final 
rule would provide an additional margin for accelerate-stop distance.
    In addition, we do not agree that implementation of Compliance 
Method Number 2 would cause an unsafe condition. The use of this 
procedure would include a mandatory pre-takeoff briefing between the 
flightcrew members regarding the need for assistance in rotating the 
airplane if necessary. Thus, the co-pilot would be prepared for such a 
request should the pilot decide to ask for assistance. No change to the 
final rule is necessary in this regard.
    The commenter previously requested an alternative method of 
compliance (AMOC) for AD 2001-16-10, amendment 39-12379. (The 
requirements of that AD are restated in paragraph (a) of the proposed 
rule.) After receiving the AMOC, the commenter implemented new training 
procedures for its flightcrews to teach them to anticipate the 
additional stick forces that may be required when using Type II or Type 
IV de-icing fluid. The training procedures have been added to the 
training manuals and training curriculum, and the commenter notes that 
following those procedures is safer than following those specified in 
the proposed rule. The commenter does not make a specific request; 
however, we infer that the commenter wants its procedures to be used by 
all operators.
    Although the commenter has an FAA-approved AMOC allowing the use of 
other training procedures, we do not agree that those training 
procedures can be used by all operators. Since 1991, there have been 
five incidents of aborted takeoff after V1 following the use 
of Type II or Type IV de-icing fluid. Analysis of in-service experience 
has shown that following inadequate procedures for the use and 
application of Type II and Type IV de-icing fluids could lead to high 
control forces during rotation. If combined with the lack of flightcrew 
awareness or insufficient

[[Page 53285]]

training, high control forces could result in delayed rotation and 
significantly lower rotation rates, and in some cases, the decision of 
the flightcrew to abort the takeoff after V1. We evaluate 
flightcrew training on a case-by-case basis, therefore, we cannot allow 
all operators to use the suggested training procedures, as these AMOCs 
are issued after validation of supporting technical data submitted by 
the operator. However, we have added a new paragraph (d)(2) to this 
final rule to specify that AMOCs approved for AD 2001-16-10 are 
approved for compliance with the requirements of this AD.

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 change previously 
described. The FAA has determined that this change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance (AMOCs). Because we have now included this material in part 
39, only the office authorized to approve AMOCs is identified in each 
individual AD. However, for clarity and consistency in this final rule, 
we have retained the language of the NPRM regarding that material.

Change to Labor Rate Estimate

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

Cost Impact

    There are approximately 159 airplanes of U.S. registry that will be 
affected by this 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 $65 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 $10,335, or $65 per airplane.
    The new AFM revision that is required in this AD action takes 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $65 per work hour. Based on these figures, the cost 
impact of the new requirements of this AD on U.S. operators is 
estimated to be $10,335, or $65 per airplane.
    The cost impact figures discussed above are 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

0
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

0
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]

0
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), amendment 39-13298, to read as follows:

2003-18-07 Aerospatiale: Amendment 39-13298. 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 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.

[[Page 53286]]

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:
--Takeoff with flaps retracted.''

New Requirements of This AD

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

    (b) For Model ATR 42-200, -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[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 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 ATR 72 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

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.

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:

[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:

[[Page 53287]]

    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)(1) 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.
    (2) Alternative methods of compliance, approved previously per 
AD 2001-16-10, amendment 39-12379, are approved as alternative 
methods of compliance with this AD.

    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

    (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 2: 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.

Effective Date

    (f) This amendment becomes effective on October 15, 2003.

    Issued in Renton, Washington, on August 29, 2003.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.

[FR Doc. 03-22703 Filed 9-9-03; 8:45 am]
BILLING CODE 4910-13-P