[Federal Register Volume 73, Number 90 (Thursday, May 8, 2008)]
[Proposed Rules]
[Pages 26049-26054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10246]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 91, 125, and 135
[Docket No. FAA-2007-29281; Notice No. 08-06]
RIN 2120-AJ09
Removal of Regulations Allowing for Polished Frost on Wings of
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA is proposing to remove provisions in its regulations
that allow for operations with ``polished frost'' (i.e., frost polished
to make it smooth) on the wings of airplanes operated under parts 125,
135, and certain airplanes operated under part 91. The rule would
increase safety by not allowing operations with polished frost, which
the FAA has determined increases the risk of unsafe flight.
DATES: Send your comments on or before August 6, 2008.
ADDRESSES: You may send comments identified by docket number FAA-2007-
29281 using any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue, SE., Room W12-
140, West Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Bring comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at 202-493-2251.
For more information on the rulemaking process, see the
SUPPLEMENTARY INFORMATION section of this document.
Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the electronic form of all comments received into any of
our dockets, including the name of the individual sending the comment
(or signing the comment for an association, business,
[[Page 26050]]
labor union, etc.). You may review DOT's complete Privacy Act Statement
in the Federal Register published on April 11, 2000 (65 FR 19477-78),
or you may visit http://DocketsInfo.dot.gov.
Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time and follow the online
instructions for accessing the docket. Or, go to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this proposed rule contact Mike Frank, AFS-260, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone (202) 267-8166 ; facsimile (202) 267-5299, e-mail
[email protected].
For legal questions concerning this proposed rule contact Bruce
Glendening, Operations Law Branch--AGC-220, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone (202) 267-3073; facsimile (202) 267-7971, e-mail
[email protected].
SUPPLEMENTARY INFORMATION: Later in this preamble under the Additional
Information section, we discuss how you can comment on this proposal
and how we will handle your comments. Included in this discussion is
related information about the docket, privacy, and handling of
proprietary or confidential business information. We also discuss how
you can get a copy of this proposal and related rulemaking documents.
Authority for This Rulemaking
The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code. Subtitle I, Section 106 describes
the authority of the FAA Administrator, including the authority to
issue, rescind, and revise regulations. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Chapter 447--Safety Regulation. Under section
44701 (a)(5), the FAA is charged with promoting safe flight of civil
aircraft by, among other things, prescribing regulations the FAA finds
necessary for safety in air commerce.
I. Background
Currently, 14 CFR 91.527 (a), 125.221 (a), and 135.227 (a) allow
pilots to take off with frost adhering to wings or stabilizing or
control surfaces if that frost has been polished to make it smooth.
This frost is referred to as ``polished frost.'' This procedure first
appeared in the Federal Register as Civil Air Regulation Draft Release
No. 60-13, a proposed revision of part 47 of the Civil Air Regulations,
on August 6, 1960.
Since 1960, the FAA and others have accumulated an extensive amount
of data that would indicate that any amount of contaminants on wings or
critical surfaces could be detrimental to the flight characteristics of
an aircraft. In Advisory Circular (AC) 135-17, the FAA recommends that
all wing frost be removed prior to takeoff, and states that if an
operator desires to polish the frost, the aircraft manufacturer's
recommended procedures should be followed (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf/MainFrame?OpenFrameSet). No current aircraft manufacturer, however, has
issued any recommended procedures for (1) polishing frost, or (2)
conducting operations with polished frost. In addition, the FAA has no
data to support practical guidance on determining how to polish frost
on a surface to make it acceptably smooth, other than completely
removing the frost and returning the airplane's critical lifting
surfaces to uncontaminated smoothness. Moreover, the term ``polished
frost'' is ambiguous since no standard of acceptable smoothness is
provided. Also, means to ensure that the ``polished frost'' surface
smoothness is equivalent to that of the uncontaminated airplane surface
is operationally impractical. Subsequently, the FAA issued two Safety
Alerts for Operators (SAFOs)--06002 and 06014-- advising against the
practice of polishing frost (http://www.faa.gov/other_visit/aviation_industry/airline_operators/airline_safety/safo/).
In addition, there are at least 11 known accidents in which
individuals attempted to ``smooth'' or polish frost, but the aircraft
failed to generate enough lift and crashed shortly after takeoff.\1\
There have been a number of other takeoff accidents and fatalities that
have occurred when flightcrews have consciously decided to take off
without removing frost from the wings of their aircraft. Following the
January 4, 2002 accident at Birmingham, England, the United Kingdom
Aircraft Accident Investigation Board recommended in its Safety
Recommendation 2003-54 that the FAA, and all Authorities who follow FAA
practice, delete all reference to `Polished Frost' within their
regulations and ensure that the term is expunged from Operations
Manuals. In addition, the U.S. National Transportation Safety Board
(NTSB) has issued numerous safety alerts urging operators to ensure
that critical surfaces are free of all contamination prior to take off.
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\1\ Nine of the 11 accidents would not have been prevented by
this proposed rule, since the aircraft were involved in non-part 91
subpart F operations. Nevertheless, the FAA believes they illustrate
the risk involved in flying with polished frost.
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II. General Discussion of the Proposals
As previously mentioned, numerous FAA ACs and Safety Alerts have
been issued since 1960 clearly pointing out the hazards of attempting
to take off with any frost on aircraft wings or control surfaces,
polished or not. Adverse aerodynamic effects for lifting surfaces begin
as soon as frost begins to adhere to the surfaces. Determining either
when sufficient polishing achieves a smooth surface or the smoothness
of the contaminated surface without instrumentation is impracticable.
The sheen of polished frost and its tactile smoothness can be
misleading. In addition, the FAA believes achieving uniform smoothness
on all lifting and control surfaces or even symmetrical smoothness in
an operational environment is impossible to determine.
Technical literature well documents the adverse aerodynamic effects
of surface roughness, such as frost and other ice that adhere to
aircraft surfaces. The literature indicates that surface roughness
formed by frost and adhering ice can result in significant adverse
aerodynamic effects for lifting surfaces, such as wings and flight
control surfaces. For example, (1) a contaminated wing's maximum lift
may be reduced by 30 percent or more; (2) the angle of attack for
maximum lift may be reduced by several degrees; (3) drag may be
increased significantly; and (4) the airplane's handling qualities and
performance may change unexpectedly from that of the uncontaminated
aircraft. The severity of these adverse aerodynamic effects varies
significantly (1) with the magnitude (height and density) and location
of the surface roughness, and (2) with the location of the roughness
relative to the surface leading edge where significant variations may
occur in the local airspeed and surface air loads. Therefore, the FAA
has determined that complete removal of frost from critical surfaces to
achieve uncontaminated surface smoothness is necessary to ensure
acceptable airplane airworthiness. If all wing surfaces, other than
those under the wing in the area of
[[Page 26051]]
the fuel tank \2\, and control surfaces are not uniformly smooth upon
take off, the FAA believes an unsafe condition exists.
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\2\ Takeoffs may be made with frost under the wing area of the
fuel tanks if authorized by the FAA. (See e.g., 14 CFR 125.221
(a)(2) and 135.227 (a)(2).)
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The FAA is proposing to amend Sec. Sec. 91.527 (a)(3), 125.221
(a), and 135.227 (a) to remove language permitting pilots to take off
with ``polished frost'' adhering to the wings or stabilizing or control
surfaces.
Within part 91 subpart F, the current text of Sec. 91.527 (a)
states that no pilot may take off an airplane that has-- (1) frost,
snow, or ice adhering to any propeller, windshield, or powerplant
installation or to an airspeed, altimeter, rate of climb, or flight
attitude instrument system; (2) snow or ice adhering to the wings or
stabilizing or control surfaces; or (3) any frost adhering to the wings
or stabilizing or control surfaces, unless that frost has been polished
to make it smooth. The FAA would amend the paragraph to remove the
words ``unless that frost has been polished to make it smooth.''
Part 91 subpart F provides for the operation of large and turbine-
powered multiengine airplanes and all fractional ownership program
aircraft (regardless of category, class, weight, powerplant or number
of engines). Therefore, the revised provisions in subpart F in this
NPRM would affect the operation of all fractional ownership program
aircraft under subpart K, regardless of whether the aircraft is large
or small and regardless of whether the aircraft is single or multi-
engine.
Similarly, current Sec. Sec. 125.221 (a) and 135.227 (a) provide
that no pilot may take off an airplane that has frost, ice, or snow
adhering to any propeller, windshield, wing, stabilizing or control
surface, to a powerplant installation, or to an airspeed, altimeter,
rate of climb, or flight attitude instrument system, except that
takeoffs may be made with frost adhering to the wings, or stabilizing
or control surfaces, if the frost has been polished to make it smooth.
The FAA would amend those sections to delete the words ``except * * *
[t]akeoffs may be made with frost adhering to the wings, or stabilizing
or control surfaces, if the frost has been polished to make it
smooth.'' These rule changes may also result in changes to an
operator's operations specifications (OpSpecs) as they relate to ground
deicing operations.
In addition, the FAA is responding to a recommendation from the
Part 125/135 Aviation Rulemaking Committee, established on April 8,
2003, which provided recommendations to the FAA regarding the safety
and applicability of standards of parts 125, 135, and associated
regulations. In this proposed rule, the FAA is therefore taking the
opportunity to correct the structure of Sec. Sec. 91.527(b),
125.221(c), and 135.227(c). Currently, in each of those paragraphs the
phrase beginning with the words ``unless the aircraft has * * *''
appears to apply only to paragraph (2); however, that clause applies to
all of the provisions of the paragraph. In 1995, the FAA issued a legal
interpretation (included in the docket for this rulemaking action) to
clarify that this language applies to both IFR flight into known or
forecast light or moderate icing conditions and VFR flight into known
light or moderate icing conditions. The FAA is therefore proposing to
re-structure those paragraphs accordingly.
III. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. We have determined that there
is no new information collection requirement associated with this
proposed rule.
IV. International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to these proposed regulations.
V. Regulatory Evaluation, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates Assessment
V.1. Regulatory Evaluation
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires
agencies to analyze the economic impact of regulatory changes on small
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits
agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the United States. In developing U.S.
standards, this Trade Act requires agencies to consider international
standards and, where appropriate, that they be the basis of U.S.
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L.
104-4) requires agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation with base year of
1995). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this proposed rule. We suggest readers seeking
greater detail read the full regulatory evaluation, a copy of which we
have placed in the docket for this rulemaking.
In conducting these analyses, FAA has determined that this proposed
rule: (1) Has benefits that justify its costs, (2) is not an
economically ``significant regulatory action'' as defined in section
3(f) of Executive Order 12866, (3) is not ``significant'' as defined in
DOT's Regulatory Policies and Procedures; (4) would not have a
significant economic impact on a substantial number of small entities;
(5) would not create unnecessary obstacles to the foreign commerce of
the United States; and (6) would not impose an unfunded mandate on
state, local, or tribal governments, or on the private sector by
exceeding the threshold identified above. These analyses are summarized
below.
Operators and pilots would have at least four alternatives to
choose from to deal with frost that may have accumulated on the wings
of their aircraft. These include: using wing covers, waiting for the
frost to melt, storing the aircraft in a heated hangar, or deicing the
wing surface. The FAA believes that wing covers are the lowest-cost
alternative. Assuming operators impacted by this proposed rule choose
to use wing covers, they would incur total costs of roughly $164,000
($130,000 discounted) over the ten year period from 2009 to 2018. Of
these, $155,000 ($123,000 discounted) would accrue to operators in
Alaska, and $9,500 ($7,500 discounted) would accrue to mainland U.S.
operators. Benefits total roughly $460,000 ($320,000 discounted). About
$433,000 ($301,000 discounted) in benefits would accrue in Alaska,
while the remaining $27,000 ($19,000 discounted) would accrue in the
mainland U.S. These benefits are attributed to averted accidents,
injuries, and aircraft damage. Since benefits exceed costs for both
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Alaska and the mainland U.S., the FAA concludes the proposed rule is
cost beneficial. The FAA calls for comments on this determination and
requests that all comments be accompanied by clear and detailed
supporting economic documentation.
V.2. Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA covers a wide-range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions.
Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
This proposed rule would improve aviation safety by removing
references to the ``polished frost'' technique found in 14 CFR
91.527(a), 125.221(a), and 135.227(a). At this time there is no part 91
operator that has an authorized deicing program that incorporates the
polished frost procedure; therefore, this rulemaking only affects on-
demand and commuter services operating under parts 125 and 135. There
are 57 operators operating 188 aircraft that would be affected by the
rule. Based on the SBA size standard defining a small unscheduled air
carrier as one having 1,500 employees or less per company, all of these
operators are considered small entities. As a result, the Regulatory
Flexibility Act applies.
The FAA assumes that most operators would choose to buy and use
wing covers to comply with the proposed rule. The other alternatives
(waiting for the frost to melt, storing the aircraft in a heated
hangar, or deicing the aircraft) are more expensive than using wing
covers. The FAA estimates that operators would choose to buy wing
covers at an initial cost of $400, plus minimal additional fuel costs
and, if needed, an additional cost of $400 after five years to replace
a worn wing cover.
In Alaska, there are 21 operators with one aircraft apiece, and 30
operators operating the remaining 156 aircraft. In the mainland U.S.,
there are six operators operating 11 aircraft. The smallest operators
operate only one plane, and would incur a cost of approximately $99 per
year as a result of this rulemaking, a cost that the FAA does not
consider significant. The operator that would be most impacted by the
rule operates 16 affected aircraft, and would incur costs of
approximately $1,584 per year as a result of this rulemaking. This
operator has annual revenues of $5 million. The cost of this rulemaking
represents 0.03 percent of the gross revenues of that operator, and the
FAA does not consider that amount significant. As a result, the FAA
certifies that this proposed rule would not have a significant economic
impact on a substantial number of small entities. The FAA requests
comments from affected entities on this finding and determination.
V.3. International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. Legitimate domestic objectives, such as safety, are
not considered unnecessary obstacles. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards. The FAA has assessed the
potential effect of this proposed rule and has determined that it would
have only a domestic impact and would not affect international trade.
V.4. Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(adjusted annually for inflation with the base year 1995) in any one
year by State, local, and tribal governments, in the aggregate, or by
the private sector; such a mandate is deemed to be a ``significant
regulatory action.'' The FAA currently uses an inflation-adjusted value
of $136.1 million in lieu of $100 million. This proposed rule does not
contain such a mandate.
VI. Executive Order 13132, Federalism
The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action 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, and, therefore, would not have federalism implications.
VII. Regulations Affecting Intrastate Aviation in Alaska
Section 40113(f) of 49 U.S.C. requires the Administrator, when
modifying regulations in title 14 of the CFR in a manner affecting
intrastate aviation in Alaska, to consider the extent to which Alaska
is not served by transportation modes other than aviation, and to
establish appropriate regulatory distinctions. Because the majority of
potentially affected operators are in Alaska, this proposed rule could,
if adopted, affect intrastate aviation in Alaska. The FAA believes,
however, that over 60% of aircraft currently operating in Alaska do not
rely on this procedure. For the remainder of affected operators, the
cost of compliance would be minimal. The FAA, therefore, specifically
requests comments on whether there is justification for applying the
proposed rule differently in intrastate operations in Alaska.
VIII. Environmental Analysis
FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this proposed rulemaking action qualifies for the
categorical exclusion identified in paragraph 312 and involves no
extraordinary circumstances.
IX. Regulations That Significantly Affect Energy Supply, Distribution,
or Use
The FAA has analyzed this NPRM under Executive Order 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). We have determined that it is not
a
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``significant energy action'' under the executive order because it is
not a ``significant regulatory action'' under Executive Order 12866,
and it is not likely to have a significant adverse effect on the
supply, distribution, or use of energy.
X. Additional Information
Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. We also
invite comments relating to the economic, environmental, energy, or
federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, please send only one copy of written comments, or
if you are filing comments electronically, please submit your comments
only one time.
We will file in the docket all comments we receive, as well as a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.
Availability of Rulemaking Documents
You can get an electronic copy of rulemaking documents using the
Internet by--
1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/; or
3. Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Be
sure to identify the docket number, notice number, or amendment number
of this rulemaking.
You may access all documents the FAA considered in developing this
proposed rule, including economic analyses and technical reports, from
the Internet through the Federal eRulemaking Portal referenced in
paragraph (1).
List of Subjects
14 CFR Part 91
Aircraft, Airmen, Airports, Aviation safety, Freight.
14 CFR Part 125
Aircraft, Airmen, Aviation safety.
14 CFR Part 135
Air taxis, Aircraft, Airmen, Aviation safety.
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend chapter I of title 14, Code of Federal
Regulations, as follows:
PART 91--GENERAL OPERATING AND FLIGHT RULES
1. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101,
44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716, 44717,
44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-
47531, articles 12 and 29 of the Convention on International Civil
Aviation (61 Stat. 1180).
2. Amend Sec. 91.527 by revising paragraphs (a) and (b) to read as
follows:
Sec. 91.527 Operating in icing conditions.
(a) No pilot may take off an airplane that has frost, ice, or snow
adhering to any propeller, windshield, stabilizing or control surface;
to a powerplant installation; or to an airspeed, altimeter, rate of
climb, or flight attitude instrument system or wing, except that
takeoffs may be made with frost under the wing in the area of the fuel
tanks if authorized by the FAA.
(b) No pilot may fly under IFR into known or forecast light or
moderate icing conditions, or under VFR into known light or moderate
icing conditions, unless--
(1) The aircraft has functioning deicing or anti-icing equipment
protecting each rotor blade, propeller, windshield, wing, stabilizing
or control surface, and each airspeed, altimeter, rate of climb, or
flight attitude instrument system; or
(2) The airplane has ice protection provisions that meet section 34
of Special Federal Aviation Regulation No. 23; or
(3) The airplane meets transport category airplane type
certification provisions.
* * * * *
PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF
6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH
AIRCRAFT
3. The authority citation for part 125 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44710-
44711, 44713, 44716-44717, 44722.
4. Amend Sec. 125.221 by revising paragraphs (a) and (c) to read
as follows:
Sec. 125.221 Icing conditions: Operating limitations.
(a) No pilot may take off an airplane that has frost, ice, or snow
adhering to any propeller, windshield, stabilizing or control surface;
to a powerplant installation; or to an airspeed, altimeter, rate of
climb, flight attitude instrument system, or wing, except that takeoffs
may be made with frost under the wing in the area of the fuel tanks if
authorized by the FAA.
* * * * *
(c) No pilot may fly under IFR into known or forecast light or
moderate icing conditions, or under VFR into known light or moderate
icing conditions, unless--
(1) The aircraft has functioning deicing or anti-icing equipment
protecting each rotor blade, propeller, windshield, wing, stabilizing
or control surface, and each airspeed, altimeter, rate of climb, or
flight attitude instrument system; or
(2) The airplane has ice protection provisions that meet appendix C
of this part; or
(3) The airplane meets transport category airplane type
certification provisions.
* * * * *
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT
5. The authority citation for part 135 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 41706, 40113, 44701-44702, 44705,
44709, 44711-44713, 44715-44717, 44722, 45101-45105.
6. Amend Sec. 135.227 by revising paragraphs (a) and (c) to read
as follows:
Sec. 135.227 Icing conditions: Operating limitations.
(a) No pilot may take off an aircraft that has frost, ice, or snow
adhering to any rotor blade, propeller, windshield,
[[Page 26054]]
stabilizing or control surface; to a powerplant installation; or to an
airspeed, altimeter, rate of climb, flight attitude instrument system,
or wing, except that takeoffs may be made with frost under the wing in
the area of the fuel tanks if authorized by the FAA.
* * * * *
(c) No pilot may fly under IFR into known or forecast light or
moderate icing conditions or under VFR into known light or moderate
icing conditions, unless--
(1) The aircraft has functioning deicing or anti-icing equipment
protecting each rotor blade, propeller, windshield, wing, stabilizing
or control surface, and each airspeed, altimeter, rate of climb, or
flight attitude instrument system; or
(2) The airplane has ice protection provisions that meet section 34
of appendix A of this part; or
(3) The airplane meets transport category airplane type
certification provisions.
* * * * *
Issued in Washington, DC, on May 2, 2008.
John M. Allen,
Acting Director, Flight Standards Service.
[FR Doc. E8-10246 Filed 5-7-08; 8:45 am]
BILLING CODE 4910-13-P