[Federal Register Volume 70, Number 12 (Wednesday, January 19, 2005)]
[Rules and Regulations]
[Pages 2934-2936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-895]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19078; Directorate Identifier 98-CE-17-AD; 
Amendment 39-13946; AD 98-20-38 R1]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company (Raytheon) 
Beech 200 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA adopts a new airworthiness directive (AD) to revise AD 
98-20-38, which applies to all Beech 200 series airplanes. AD 98-20-38 
requires you to revise the FAA-approved Airplane Flight Manual (AFM) to 
specify procedures that would prohibit flight in severe icing 
conditions (as determined by certain visual cues), limit or prohibit 
the use of various flight control devices while in severe icing 
conditions, and provide the flight crew with recognition cues for and 
procedures for exiting from severe icing conditions. Part of the 
applicability of AD 98-20-38 includes the Raytheon

[[Page 2935]]

Models B200 and B200C airplanes. AD 96-09-13 already requires AFM 
revisions on this subject for these airplane models. Consequently, FAA 
is revising AD 98-20-38 to remove the Models B200 and B200C from the 
applicability and add clarification that AD 96-09-13 affects these 
airplanes. We are issuing this AD to minimize the potential hazards 
associated with operating these airplanes in severe icing conditions by 
providing more clearly defined procedures and limitations.

DATES: This AD becomes effective on February 18, 2005.

ADDRESSES: To view the AD docket, go to the Docket Management Facility; 
U.S. Department of Transportation, 400 Seventh Street, SW., Nassif 
Building, Room PL-401, Washington, DC 20590-0001 or on the Internet at 
http://dms.dot.gov. The docket number is FAA-2004-19078; Directorate 
Identifier 98-CE-17-AD.

FOR FURTHER INFORMATION CONTACT: Mr. Paul Pellicano, Aerospace Engineer 
(Icing Specialist), Atlanta Aircraft Certification Office, FAA, One 
Crown Center, 1895 Phoenix Boulevard, Suite 450, Atlanta, Georgia 
30349; telephone: (770) 703-6064; facsimile: (770) 703-6097.

SUPPLEMENTARY INFORMATION:

Discussion

    Has FAA taken any action to this point? A review of the 
requirements for certification of Raytheon Beech 200 series airplanes 
in icing conditions caused FAA to issue AD 98-20-38, Amendment 39-10806 
(63 FR 51805, September 29, 1998). AD 98-20-38 requires you to revise 
the FAA-approved Airplane Flight Manual (AFM) to specify procedures 
that would prohibit flight in severe icing conditions (as determined by 
certain visual cues), limit or prohibit the use of various flight 
control devices while in severe icing conditions, and provide the 
flight crew with recognition cues for and procedures for exiting from 
severe icing conditions.
    What has happened since AD 98-20-38 to initiate this proposed 
action? Part of the applicability of AD 98-20-38 includes the Raytheon 
Models B200 and B200C airplanes. AD 96-09-13 already requires AFM 
revisions on this subject for these airplane models. The language is 
similar but is not the same and AD 96-09-13 reflects the preferred 
information. Consequently, FAA is revising AD 98-20-38 to remove the 
Models B200 and B200C from the applicability and add clarification that 
AD 96-09-13 affects these airplanes.
    Has FAA taken any action to this point? We issued a proposal to 
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to 
include an AD that would apply to Raytheon Beech 200 series airplanes. 
This proposal was published in the Federal Register as a notice of 
proposed rulemaking (NPRM) on October 22, 2004 (69 FR 62005). The NPRM 
proposed to revise AD 98-20-38 to remove the Beech Models B200 and 
B200C from the applicability. The Beech Models B200 and B200C are still 
affected by the actions of AD 96-09-13.

Comments

    Was the public invited to comment? We provided the public the 
opportunity to participate in developing this AD. We received no 
comments on the proposal or on the determination of the cost to the 
public.

Conclusion

    What is FAA's final determination on this issue? We have carefully 
reviewed the available data and determined that air safety and the 
public interest require adopting the AD as proposed except for minor 
editorial corrections. We have determined that these minor corrections:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Changes to 14 CFR Part 39--Effect on the AD

    How does the revision to 14 CFR part 39 affect this AD? On July 10, 
2002, the FAA published a new version of 14 CFR part 39 (67 FR 47997, 
July 22, 2002), which governs the FAA's AD system. This regulation now 
includes material that relates to altered products, special flight 
permits, and alternative methods of compliance. This material 
previously was included in each individual AD. Since this material is 
included in 14 CFR part 39, we will not include it in future AD 
actions.

Costs of Compliance

    How many airplanes does this AD impact? We estimate that this AD 
affects 1,600 airplanes in the U.S. registry.
    What is the cost impact of this AD on owners/operators of the 
affected airplanes? The cost estimate of this AD is the same per 
airplane as AD 98-20-38. However, the AD would affect fewer airplanes 
than AD 98-20-38.

Authority for This Rulemaking

    What authority does FAA have for issuing this rulemaking action? 
Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106 describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this AD.

Regulatory Findings

    Will this AD impact various entities? We have determined that this 
AD will not have federalism implications under Executive Order 13132. 
This AD 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.
    Will this AD involve a significant rule or regulatory action? For 
the reasons discussed above, I certify that this AD:
    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. 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.
    We prepared a summary of the costs to comply with this AD and 
placed it in the AD Docket. You may get a copy of this summary by 
sending a request to us at the address listed under ADDRESSES. Include 
``Docket No. FAA-2004-19078; Directorate Identifier 98-CE-17-AD'' in 
your request.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, under 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:

[[Page 2936]]

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. FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 98-
20-38, Amendment 39-10806 (63 FR 51805, September 29, 1998), and by 
adding a new AD to read as follows:

98-20-38 R1 Raytheon Aircraft Company: Amendment 39-13946; Docket 
No. FAA-2004-19078; Directorate Identifier 98-CE-17-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on February 18, 2005.

What Other ADs Are Affected by This Action?

    (b) This AD revises AD 98-20-38, Amendment 39-10806.

What Airplanes Are Affected by This AD?

    (c) This AD affects the following airplane models, all serial 
numbers, that are certificated in any category:
    (1) Beech 200 (A100-1 (U-21J)).
    (2) Beech 200C.
    (3) Beech 200CT.
    (4) Beech 200T.
    (5) Beech A200 (C-12A) or (C-12C).
    (6) Beech A200C (UC-12B).
    (7) Beech A200CT (C-12D), (FWC-12D), (RC-12D), (C-12F), (RC-
12G), (RC-12H), (RC-12K), or (RC-12P).
    (8) B200CT.
    (9) B200T.

    Note 1: The actions of AD 96-09-13 are required for the Beech 
Models B200 and B200C airplanes.

What Is the Unsafe Condition Presented in This AD?

    (d) The actions specified in this AD are intended to minimize 
the potential hazards associated with operating these airplanes in 
severe icing condition by providing more clearly defined procedures 
and limitations.

What Must I Do To Address This Problem?

    (e) Within 30 days after November 4, 1998 (the effective date of 
AD 98-20-38), do the requirements of paragraphs (e)(1) and (e)(2) of 
this AD, unless already accomplished.

    Note 2: Operators should initiate action to notify and ensure 
that flight crewmembers are apprised of this change.

    (1) Revise the FAA-approved Airplane Flight Manual (AFM) by 
incorporating the following into the Limitations Section of the AFM. 
This may be accomplished by inserting a copy of this AD in the AFM.

``Warning

    Severe icing may result from environmental conditions outside of 
those for which the airplane is certificated. Flight in freezing 
rain, freezing drizzle, or mixed icing conditions (supercooled 
liquid water and ice crystals) may result in ice build-up on 
protected surfaces exceeding the capability of the ice protection 
system, or may result in ice forming aft of the protected surfaces. 
This ice may not be shed using the ice protection systems, and may 
seriously degrade the performance and controllability of the 
airplane.
     During flight, severe icing conditions that exceed 
those for which the airplane is certificated shall be determined by 
the following visual cues. If one or more of these visual cues 
exists, immediately request priority handling from Air Traffic 
Control to facilitate a route or an altitude change to exit the 
icing conditions.

--Unusually extensive ice accumulation on the airframe and 
windshield in areas not normally observed to collect ice.
--Accumulation of ice on the upper surface of the wing, aft of the 
protected area.
--Accumulation of ice on the engine nacelles and propeller spinners 
farther aft than normally observed.

     Since the autopilot, when installed and operating, may 
mask tactile cues that indicate adverse changes in handling 
characteristics, use of the autopilot is prohibited when any of the 
visual cues specified above exist, or when unusual lateral trim 
requirements or autopilot trim warnings are encountered while the 
airplane is in icing conditions.
     All wing icing inspection lights must be operative 
prior to flight into known or forecast icing conditions at night. 
[Note: This supersedes any relief provided by the Master Minimum 
Equipment List (MMEL).]''
    (2) Revise the FAA-approved AFM by incorporating the following 
into the Normal Procedures Section of the AFM. This may be 
accomplished by inserting a copy of this AD in the AFM.

``The Following Weather Conditions May Be Conducive to Severe In-Flight 
Icing

     Visible rain at temperatures below 0 degrees Celsius 
ambient air temperature.
     Droplets that splash or splatter on impact at 
temperatures below 0 degrees Celsius ambient air temperature.

Procedures for Exiting the Severe Icing Environment

    These procedures are applicable to all flight phases from 
takeoff to landing. Monitor the ambient air temperature. While 
severe icing may form at temperatures as cold as -18 degrees 
Celsius, increased vigilance is warranted at temperatures around 
freezing with visible moisture present. If the visual cues specified 
in the Limitations Section of the AFM for identifying severe icing 
conditions are observed, accomplish the following:
     Immediately request priority handling from Air Traffic 
Control to facilitate a route or an altitude change to exit the 
severe icing conditions in order to avoid extended exposure to 
flight conditions more severe than those for which the airplane has 
been certificated.
     Avoid abrupt and excessive maneuvering that may 
exacerbate control difficulties.
     Do not engage the autopilot.
     If the autopilot is engaged, hold the control wheel 
firmly and disengage the autopilot.
     If an unusual roll response or uncommanded roll control 
movement is observed, reduce the angle-of-attack.
     Do not extend flaps when holding in icing conditions. 
Operation with flaps extended can result in a reduced wing angle-of-
attack, with the possibility of ice forming on the upper surface 
further aft on the wing than normal, possibly aft of the protected 
area.
     If the flaps are extended, do not retract them until 
the airframe is clear of ice.
     Report these weather conditions to Air Traffic 
Control.''
    (f) As an alternative method of compliance to the actions 
required by paragraph (e)(2) of this AD, revise the Abnormal 
Procedures Section or Emergency Procedures Section of the AFM 
instead of the Normal Procedures section of the AFM. Insert the 
information presented in paragraph (e)(2) of this AD into the 
applicable AFM section.
    (g) The owner/operator holding at least a private pilot 
certificate as authorized by section 43.7 of the Federal Aviation 
Regulations (14 CFR 43.7) may incorporate the AFM revisions required 
by this AD. Enter this information into the aircraft records showing 
compliance with this AD following section 43.9 of the Federal 
Aviation Regulations (14 CFR 43.9).

May I Request an Alternative Method of Compliance?

    (h) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.19. Unless FAA authorizes otherwise, send your request to 
your principal inspector. The principal inspector may add comments 
and will send your request to the Manager, Standards Office, Small 
Airplane Directorate, FAA. For information on any already approved 
alternative methods of compliance, contact Mr. Paul Pellicano, 
Aerospace Engineer (Icing Specialist), Atlanta Aircraft 
Certification Office, FAA, One Crown Center, 1895 Phoenix Boulevard, 
Suite 450, Atlanta, Georgia 30349; telephone: (770) 703-6064; 
facsimile: (770) 703-6097.

May I Get Copies of the Documents Referenced in This AD?

    (i) You may view the AD docket at the Docket Management 
Facility; U.S. Department of Transportation, 400 Seventh Street, 
SW., Nassif Building, Room PL-401, Washington, DC, or on the 
Internet at http://dms.dot.gov.

    Issued in Kansas City, Missouri, on January 11, 2005.
Michael K. Dahl,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-895 Filed 1-18-05; 8:45 am]
BILLING CODE 4910-13-P