[Federal Register: September 10, 2003 (Volume 68, Number 175)]
[Rules and Regulations]
[Page 53284-53287]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10se03-3]
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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]
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