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Laramie, WY, Laramie Rgnl, VOR/DME RWY AFS–220, Flight Standards Service, air commerce by prescribing minimum 30, Amdt 7A Federal Aviation Administration, 800 standards required in the interest of [FR Doc. 2011–21052 Filed 8–19–11; 8:45 am] Independence Ave., SW., Washington, safety for the design and performance of BILLING CODE 4910–13–P DC 20591; telephone (202) 493–1422; aircraft; regulations and minimum facsimile (202) 267–5229; e-mail standards of safety for inspecting, [email protected]. servicing, and overhauling aircraft; and DEPARTMENT OF TRANSPORTATION For aircraft certification questions regulations for other practices, methods, contact Robert Jones, Propulsion/ and procedures the Administrator finds Federal Aviation Administration Mechanical Systems Branch, ANM–112, necessary for safety in air commerce. Transport Airplane Directorate, Aircraft This regulation is within the scope of 14 CFR Part 121 Certification Service, Federal Aviation that authority because it prescribes new Administration, 1601 Lind Avenue, safety standards for the operation of [Docket No.: FAA–2009–0675; SW., Renton, WA 98057–3356; certain airplanes used in air carrier Amendment No. 121–356] telephone (425) 227–1234; facsimile service. (425) 227–1149; e-mail RIN 2120–AJ43 I. Summary of the Final Action [email protected]. Activation of Ice Protection For legal questions contact Douglas The FAA is creating new regulations Anderson, Office of Regional Counsel, in Title 14, Code of Federal Regulations AGENCY: Federal Aviation ANM–7, Federal Aviation (14 CFR) part 121 (Operating Administration (FAA), DOT. Administration, 1601 Lind Ave., SW., Requirements: Domestic, Flag, and ACTION: Final rule. Renton, Washington 98057–3356; Supplemental Operations) related to the telephone (425) 227–2166; facsimile operation of certain transport category SUMMARY: This action revises the (425) 227–1007; e-mail airplanes in icing conditions. To operating rules for flight in icing [email protected]. improve the safety of these airplanes conditions. For certain airplanes SUPPLEMENTARY INFORMATION: operating in icing conditions, the new certificated for flight in icing, the new regulations require either installation of standards require either installation of Authority for This Rulemaking ice detection equipment and procedures ice detection equipment or changes to The FAA’s authority to issue rules on for its use, or changes to the airplane the airplane flight manual to ensure aviation safety is found in Title 49 of the flight manual (AFM) to ensure timely timely activation of the airframe ice United States Code. Subtitle I, Section activation of the airframe ice protection protection system. This action is the 106 describes the authority of the FAA system. result of information gathered from Administrator. Subtitle VII, Aviation The economic evaluation for the final icing accidents and incidents. It is Programs, describes in more detail the rule shows that the benefits exceed the intended to increase the level of safety scope of the agency’s authority. costs for the nominal, seven, and three when airplanes fly in icing conditions. This rulemaking is promulgated percent present value rates. The DATES: This amendment becomes under the authority described in estimated benefits are $27.2 million effective October 21, 2011. Subtitle VII, Part A, Subpart III, Section ($16.2 million present value). The total FOR FURTHER INFORMATION CONTACT: For 44701. Under that section, the FAA is estimated costs are $12.7 million ($6.7 operational questions contact Charles J. charged with prescribing regulations million present value). The following Enders, Air Carrier Operations Branch, promoting safe flight of civil aircraft in table shows these results.

II. Background and developed a comprehensive, multi- surfaces of the airplane.2 The work was year icing plan. The FAA Inflight carried out by ARAC’s Ice Protection On October 31, 1994, an accident Aircraft Icing Plan, dated April 1997,1 Harmonization Working Group involving an Avions de Transport described various activities we were (IPHWG). Its recommendations may be Regional ATR 72 series airplane considering for improving aircraft safety found in the docket for this rulemaking occurred in icing conditions. This in icing conditions. In accordance with (FAA–2009–0675). prompted the FAA to initiate a review this plan, we tasked the Aviation of aircraft safety in icing conditions and Rulemaking Advisory Committee A. Summary of the NPRM determine what changes could be made (ARAC) to consider the need for ice On November 23, 2009, the FAA to increase the level of safety. In May detectors or other means to give published a notice of proposed 1996, we sponsored the International flightcrews early indication about action rulemaking (NPRM) based on ARAC’s Conference on Aircraft Inflight Icing, required for ice accumulating on critical recommendations to the FAA (74 FR where icing specialists made recommendations for increasing safety. 1 FAA Inflight Aircraft Icing Plan, dated April 2 Published in the Federal Register on December We reviewed these recommendations 1997, is available in the Docket. 8, 1997 (62 FR 64621).

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61055). That NPRM proposed changes • Specific air temperatures to check • Initial activation of the ice to the regulations for operators of for which, in the presence of visible protection system, certain airplanes certificated for flight in moisture, will indicate conditions • Operation of the ice protection icing conditions that are operated under conducive to icing and the need to system after initial activation, and 14 CFR part 121. It proposed follow icing procedures. • Deactivation of the ice protection requirements for installation of ice This rule applies to airplanes system. detection equipment and/or changes to operating under part 121 rules with a These procedures must address the AFM to ensure timely activation of certified maximum takeoff weight whether, after initial activation, the ice the airframe ice protection system. The (MTOW) of less than 60,000 pounds. It protection system must be operated comment period for that NPRM closed requires— continuously or cycled automatically or on February 22, 2010. a. A primary ice detection system and manually. The rule also specifies that if appropriate activation equipment and an operator elects to install an ice B. Definitions procedures to ensure timely activation detection system, it must be approved An appendix to the preamble of this of the ice protection system, through an amended or supplemental rule gives definitions of the terms used b. An advisory ice detection system type certificate in accordance with part here. plus substantiated visual cues and 21. C. Related Activity procedures to ensure timely activation The FAA considers this rule to be a and, if necessary, repeated operation of necessary increase in the standard of The FAA is currently engaged in the ice protection system, or safety because there have been accidents rulemaking that would require operators c. If the airplane is not equipped to and incidents in which the flightcrew of airplanes to exit icing conditions for comply with either a or b above, that did not start the airframe ice protection which the airplane has not been flightcrews activate and continuously or system soon enough. In some cases, certified. Supercooled large droplet cyclically operate the ice protection crews were completely unaware of ice icing conditions may be an example of system when in icing conditions accumulation on the airframe. In other such conditions. during— cases, they knew that ice was D. Summary of Comments • The takeoff climb after second accumulating, but thought it not segment, significant enough to require activating The FAA received 56 comment • En route climb, the ice protection system. This rule is documents in response to the NPRM. • meant to prevent that from happening Some commenters submitted multiple Holding, • Maneuvering for approach and again by giving flightcrews a clear comments. means of knowing when to activate the • Twenty-two commenters (Boeing, landing, and • airframe ice protection system. Airbus, the Regional Airline Association Any other operation at approach or Following are the comments requesting (RAA), Air Line Pilots Association holding airspeeds. changes to the rule. International (ALPA), and 16 private Icing conditions will be indicated by citizens) expressed support for the a specific air temperature and the A. Training proposal in the NPRM. presence of visible moisture. The • flightcrew must operate the ice XCEL Jet Management commented Twenty-nine private citizens that poor training and airmanship in offered general comments on icing and protection at the first sign of ice accumulation for any other phases of relation to operating in icing conditions ice protection that did not specifically were responsible for both the Colgan address the proposal in the NPRM. flight until after exiting the icing conditions. When the ice protection Air 3 and ATR accidents and that better These commenters stated that the FAA pilot training was the solution. An had not done enough, early enough, to system is activated, the flightcrew must also initiate any additional procedures individual commenter suggested that solve the safety problems of flight in improved and more complete pilot icing conditions. Because these for operation in conditions conducive to icing specified in the AFM or the training were the real solutions for comments were beyond the scope of the reducing icing accidents and suggested NPRM’s proposal, we are not manual required by § 121.133. This third option of the rule permits that pilots should obtain a license responding to them in this preamble. endorsement for flight in icing. Neither • BAE Systems, XCEL Jet compliance without additional of these commenters felt that this Management, the National equipment. It supports part 121 additional operating rule was Transportation Safety Board (NTSB), operations of existing airplanes that are warranted. and two private citizens provided not equipped with ice detectors and While icing conditions were present critical or non-supportive comments to new airplanes designed in accordance at the time of the Colgan accident, the the proposal in the NPRM. with § 25.1419(e)(3). However, if the AFM prohibits these procedures, then NTSB did not find that these conditions III. Discussion of the Final Rule compliance must be demonstrated with either caused or contributed to the This final rule is identical to the rule either of the first two options. accident. Rather, the NTSB found that proposed in the NPRM. Its goal is to To eliminate any guesswork for the Colgan Air’s inadequate procedures for ensure that ice protection systems are flightcrew in identifying icing airspeed selection and management activated in a timely way. It does this by conditions, this rule defines icing during approaches in icing condition relieving the flightcrew of the need for conditions as the presence of visible contributed to the accident. The Colgan judging when to activate the ice moisture in temperatures of 5° C or less Air flightcrew was operating the ice protection system. It gives the static air temperature or 10° C or less protection system properly, and the flightcrew— total air temperature, unless the AFM airplane stall occurred very close to the • Primary ice detectors that will alert defines it differently. clean wing stall speed. The Bombardier them to icing, The rule requires that ice protection 3 • procedures be established in the AFM or The Colgan Air accident occurred on February Specific visual cues to indicate 12, 2009, when a Bombardier Model DHC–8–400 icing, supplemented by advisory ice the manual required by § 121.133, and series airplane flying in icing conditions crashed detectors, or that they address— outside of Buffalo, NY, killing 50 people.

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Model DHC–8–400 series airplane that system activation during cruise at the E. Residual and Intercycle Ice those pilots were flying has an advisory first sign of icing. BAE suggested that the larger ice ice detection system that helped them We have not changed the rule based accretions assessed during certification know when to activate the ice on this comment. might be safer than ice accumulated protection system. Pilots may fail to when operating the ice protection activate an ice protection system for any C. Does the rule include withdrawn airworthiness directives (ADs)? system in conditions conducive to icing, number of reasons that could include at the first sign of icing, and at regular inattention, a heavy workload that BAE stated that it is not clear whether intervals thereafter. BAE also expressed causes ice monitoring vigilance to be the rule applies to airplanes for which concern that aircraft handling qualities reduced, or failure to detect the ice previously proposed ADs were and performance have not been because of environmental conditions. withdrawn. It is the FAA’s intent that demonstrated with these new Additional training may not effectively this new rule will apply to all airplanes procedures. BAE does not recommend address any of those issues. Thus, we with a certified MTOW less than 60,000 acceptance of this rule in its current proposed a rule that will require either pounds, whether or not original ADs form unless we can provide further actively alerting the pilot to icing requiring ice protection system justification for its adoption. conditions or causing the pilot to activation at the first sign of icing have We believe there is ample justification activate the ice protection system when been withdrawn. As discussed in the for this rule. In the initial stages of the a certain temperature exists in NPRM, the purpose of the ADs was to IPHWG’s examination of the problems conditions of visible moisture. The require that the ice protection system be of flight in icing, there was great exception to this would be during the activated at the first sign of icing. This concern about activating boot ice cruise phase, when activation of the ice assumes the flightcrew detects the icing. protection systems at the first sign of protection system at the first sign of The fact that we concluded there was no icing because of a phenomenon known icing will be required. This will ensure need to prevent delayed activation on as ice bridging.4 We infer this is the safe flight in icing conditions certain airplanes, and therefore reason BAE suggested larger ice independent of icing flight training. withdrew those ADs, is irrelevant to the accretions may be safer than those that Therefore, the proposed rule is not purpose of this rule. The purpose of this would be formed under this rule. No changed based on these comments. rulemaking is to ensure detection and one has reported ice bridging nor has it Note that many new training materials activation or, if operating without an ice been seen during testing on modern developed by National Aeronautics and detection system, timely activation in deicing boots. Classical ice bridging was Space Administration (NASA) have non-cruise flight. The FAA also finds associated with older designs that had been released in order to ensure that that, for airplanes not equipped with ice slow inflation and deflation rates; on the pilots have access to information that detectors, it is acceptable to activate the order of ten seconds. Modern systems, will give them the knowledge and skills ice protection system at the first sign of with their small-diameter inflation to safely and strategically fly in icing icing for any phase not identified in chambers and high inflation rates, conditions. § 121.321(a)(3)(i) (for example, cruise). ensure that bridging is not a concern. B. Require Automatic Detection and D. Existing Procedures Are Safe Enough We also infer from this comment a Activation concern that residual and intercycle ice BAE stated that original certification might be more critical than allowing a An individual commenter indicated of their airplanes for flight in icing was certain depth of ice to accrete before ice that the ice protection system should be based on the most adverse accretions protection system activation. This turned on automatically but in a determined from Appendix C to part 25, concern is limited to booted ice ‘‘sequence that would allow the crew to and that the procedures established protection systems. turn it off both before it activated and during this certification, including Persistent ice accretions occur in icing after it completed a cycle.’’ activation after accumulating one-half conditions even when pneumatic We understand from this that the inch of ice on the airframe, do not result deicing boots are operating. Whether commenter thinks automatic activation in an unsafe condition. one-quarter or one-half inch of ice is should be mandatory, but with features We agree that following the allowed to accumulate before activation, that allow the pilot to intercede. While established procedures does not result or the icing boots are activated at the automatic activation has advantages, we in an unsafe condition, as long as the first sign of ice accumulation, or they have not determined it should be flightcrew detects the icing and are activated at annunciation by an ice mandatory. The FAA does not dictate activates the ice protection system in detector system and periodically design of aircraft systems. Instead we accordance with those procedures. But afterwards, residual and intercycle ice provide performance-based rules. We several accidents and incidents have will exist. The procedure will minimize believe it should be up to the operator/ occurred because of failure to activate residual and intercycle ice accretions applicant to choose the best design for the ice protection system in a timely because the ice will shed when the its aircraft. Under this approach, an fashion. In some of those cases, critical minimum thickness or mass required for automatic activation design would be ice formed before the crew activated the shedding is reached. Adverse airplane acceptable. Examples of other safe and ice protection system. Other cases have flying qualities resulting from ice acceptable options include— occurred when, for any number of accretions typically are affected by the • Primary ice detection with manual reasons, there was a delay in activating thickness, shape, texture, and location ice protection system activation, the ice protection system. This rule is of the ice. The thickness of the residual • Advisory ice detection and pilot intended to ensure timely detection of and intercycle ice resulting from this monitoring with manual ice protection icing on the airframe and activation of system activation, and the ice protection system. It helps 4 Ice bridging is a phenomenon that may have • Manual ice protection system ensure that ice protection system occurred on some obsolete de-icing boot systems. In theory, ice could form around the outside of a fully activation based on temperature and activation procedures are followed. inflated boot, forming a ‘‘bridge,’’ which then could visible moisture for non-cruise flight Therefore, the proposed rule is not not be removed by subsequent inflation cycles of phases, as well as manual ice protection changed based on this comment. the boot.

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procedure is less than what is typically this, the pilot only has to monitor time, and would have been in compliance allowed to accumulate before deicing not ice accretion thickness. Therefore, with this rule through the majority of its boot operation when the manufacturer we do not believe there will be any flight profile. Therefore, increasing the has recommended delayed activation. significant increase in workload, and maximum applicable weight to capture The FAA has written many ADs that the workload may decrease in some the Bombardier Model DHC–8–400 requiring airplane operators to include circumstances. series airplane would have very little, if in their AFM procedures to activate With respect to BAE’s comment that any, safety benefit. Increasing the rule’s deicing boots at the first sign of ice validating ice protection system cycling weight applicability to encompass other accumulation. The airplane models to procedures and the potential for icing airplanes of this size and larger is not which these ADs were directed have certification testing was not raised in justified by available data. We have not many different wing and stabilizer the NPRM, every airplane that uses a changed the rule as a result of this design characteristics and different manual deicing system has established comment. deicing boot configurations. In addition, procedures for its operation until the Another reason the NTSB suggested they represent a large proportion of the airplane has exited icing conditions. that the rule should encompass heavier airplane fleet that is equipped with Models with periodic cycling airplanes is that it believes such pneumatic deicing boots. We have not procedures should require no procedures would also help protect received any reports of these airplanes incremental certification testing because these airplanes in conditions that fall suffering adverse effects of ice from they already have an approved periodic outside of Appendix C to part 25. This early activation of the deicing boots. cycling procedure. For airplanes in rule does not address conditions outside In addition, a number of airplane which flightcrews have in the past of Appendix C. In supercooled large models are equipped with deicing boot activated boots based on ice accretion droplet (SLD) conditions (which are not systems with automatic operating thickness, calculating a conservative included in Appendix C), ice may form modes. These systems automatically cycling interval based on Appendix C to aft of the ice protection system cycle at specific time intervals after part 25 is a relatively straightforward equipment. To suggest that this rule being initially activated. Such automatic process. It should not require flight may help address the SLD issue is not cycling has certainly resulted in testing. In addition, AC 121.321–X correct. The most significant item to operation of the boots with less than the provides guidance recommending that consider, however, is that data show recommended thickness of ice accretion intervals should not exceed three that these heavier airplanes have not originally included in the AFMs. We minutes. Thus, we do not believe that had any safety problems associated with have received no reports indicating any validation of this procedure should delayed activation of the ice protection adverse effects from use of the require additional certification testing. system. Therefore, the rule is not automatic mode. Boot ice protection changed as a result of this comment. systems operated early and often to G. Include All Airplanes remove ice, including intercycle and The NTSB expressed support for the H. Include Parts 91 and 135 Operations residual ice, have performed safely and proposed rule. However, the NTSB The NTSB supported applying the effectively. We have not changed the stated that the rule should apply to all proposed rule to airplanes operated rule based on this comment. deicing-boot-equipped airplanes under part 121, but stated that a similar currently in service. This would include rule should also be levied on all F. Additional Certification Will Be airplanes weighing more than 60,000 airplanes operated under 14 CFR parts Necessary pounds. The NTSB also suggested that 91 and 135. The NTSB stated that on BAE noted that crews operating under the Bombardier Model DHC–8–400 parts 91 and 135 airplanes with ADs § 121.321(a)(3) (without ice detectors) series airplane (which has a MTOW of directing flightcrews to activate the ice need to activate the ice protection slightly more than 60,000 pounds and protection system at the first sign of system in conditions conducive to icing was involved in the Colgan Air icing, it can be difficult for crews to irrespective of whether ice is actually accident) might have been better identify icing on the airplanes. The accreting. For aircraft that do not have protected if this rule had been applied NTSB noted that a Circuit City Citation an automatic mode to cycle the ice to it. Model 560 series airplane involved in protection system, the continuous The FAA appreciates the NTSB’s an icing accident was operated under manual cycling of the system would support for the proposed rule. We do part 91 and had an AD for activation of result in an increased workload for the not believe, however, that it is necessary deicing boots at the first sign of icing, flightcrew. Section 121.321(d)(iv) to expand the rule to cover airplanes which had been withdrawn. This left requires that, for airplanes without with higher weights. The IPHWG data the flightcrew to observe a prescribed automatic cycling modes, procedures and analysis showed that only airplanes amount of ice before activation. The will be needed for a specific time falling below the weight level in the rule NTSB believed that similar accidents interval for repeated cycling of the ice have had problems associated with may occur if parts 91 and 135 airplanes protection system. BAE said that delayed activation of the ice protection are not included in this rule. validation of this procedure could system. We considered including parts 91 and require further icing certification As for the Bombardier Model DHC–8– 135 operations during deliberations of testing, and that this issue had not been 400 series airplane, while icing the IPHWG and during drafting of the raised in the NPRM. conditions were present at the time of NPRM. We determined, however, that With respect to increasing workload, the Colgan accident, the NTSB did not the increased flexibility afforded by currently pilots have to monitor for ice. find that these conditions either caused unscheduled operations (the types of Sometimes in these conditions it may be or contributed to the accident. Rather, operations governed by parts 91 and difficult to determine whether the NTSB found that Colgan Air’s 135), coupled with appropriate activation of the ice protection system is inadequate procedures for airspeed direction on when pilots should activate needed. This final rule requires that, selection and management during the ice protection systems (usually at after initial activation of the ice approaches in icing condition the first sign of icing or in conditions of protection system, the pilot periodically contributed to the accident. In fact, the visible moisture and specific activate the ice protection system. To do accident airplane had an ice detector temperatures), provides an adequate

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level of safety for ice protection system • Maneuvering for approach and consider international standards and, activation. Pilots flying scheduled landing, and where appropriate, that they be the basis operations, on the other hand, may not • Any other operation at approach or of U.S. standards. Fourth, the Unfunded have the flexibility to avoid flying into holding airspeeds. Mandates Reform Act of 1995 (Pub. L. weather that would otherwise be This rule may require operators to 104–4) requires agencies to prepare a avoided. This rule ensures that part 121 revise their airplane flight manuals or written assessment of the costs, benefits, operators of applicable airplanes will be the manual required by § 121.133. and other effects of proposed or final directed to operate the ice protection Adding these new procedures may rules that include a Federal mandate systems appropriately. require the addition of a page or two to likely to result in the expenditure by those manuals. This is classified as a State, local, or Tribal governments, in Paperwork Reduction Act record keeping item and no data will be the aggregate, or by the private sector, of The Paperwork Reduction Act of 1995 collected. $100 million or more annually (adjusted (44 U.S.C. 3507(d)) requires that the We have received no comments about for inflation with base year of 1995). FAA consider the impact of paperwork the recordkeeping burden of this rule. This portion of the preamble and other information collection The OMB control number for this summarizes the FAA’s analysis of the burdens imposed on the public. information collection will be published economic impacts of this final rule. According to the 1995 amendments to in the Federal Register after the Office Readers seeking greater detail should the Paperwork Reduction Act (5 CFR of Management and Budget approves it. read the full regulatory evaluation, a 1320.8(b)(2)(vi)), an agency may not International Compatibility copy of which we have placed in the collect or sponsor the collection of In keeping with U.S. obligations docket for this rulemaking. information, nor may it impose an under the Convention on International In conducting these analyses, FAA information collection requirement Civil Aviation, it is FAA policy to has determined that this final rule: (1) unless it displays a currently valid conform to International Civil Aviation Has benefits that justify its costs; (2) is Office of Management and Budget Organization (ICAO) Standards and not an economically ‘‘significant (OMB) control number. Recommended Practices to the regulatory action’’ as defined in section This final rule will impose the maximum extent practicable. The FAA 3(f) of Executive Order 12866; (3) has following new information collection has determined that there are no ICAO been designated as a ‘‘significant requirements. As required by the Standards and Recommended Practices regulatory action’’ by the Office of Paperwork Reduction Act of 1995 (44 that correspond to these regulations. Management and Budget, and is U.S.C. 3507(d)), the FAA has submitted therefore ‘‘significant’’ under DOT’s these proposed information collection IV. Regulatory Evaluation, Regulatory Regulatory Policies and Procedures; (4) amendments to OMB for its review. Flexibility Determination, International will not have a significant economic This final rule requires— Trade Impact Assessment, and impact on a substantial number of small a. A primary ice detection system and Unfunded Mandates Assessment entities; (5) will not create unnecessary appropriate activation equipment and Changes to Federal regulations must obstacles to the foreign commerce of the procedures to ensure timely activation undergo several economic analyses. United States; and (6) will not impose of the ice protection system, First, Executive Order 12866 directs that an unfunded mandate on State, local, or b. An advisory ice detection system each Federal agency shall propose or Tribal governments, or on the private plus substantiated visual cues and adopt a regulation only upon a reasoned sector by exceeding the threshold procedures to ensure timely activation determination that the benefits of the identified above. These analyses are and, if necessary, repeated operation of intended regulation justify its costs. summarized below. the ice protection system, or Second, the Regulatory Flexibility Act Total Benefits and Costs of This Rule c. If the airplane is not equipped to of 1980 (Pub. L. 96–354) requires comply with either a or b above, that agencies to analyze the economic The estimated cost of this final rule is flightcrews activate and continuously or impact of regulatory changes on small about $12.7 million in nominal dollars cyclically operate the ice protection entities. Third, the Trade Agreements ($6.7 million in seven percent present system when in icing conditions Act (Pub. L. 96–39) prohibits agencies value terms). The estimated potential during— from setting standards that create benefits of averting one accident and • The takeoff climb after second unnecessary obstacles to the foreign five fatalities are about $22.1 million in segment, commerce of the United States. In nominal dollars ($11.4 million in seven • En route climb, developing U.S. standards, this Trade percent present value terms). Table 1 • Holding, Agreements Act requires agencies to shows these results.

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Who is potentially affected by this rule? Estimated Costs of This Rule informational requirements to the scale of the businesses, organizations, and Operators of transport category We estimate the total cost of the final governmental jurisdictions subject to airplanes with a certified MTOW under rule, over the analysis period, to be regulation. To achieve this principle, 60,000 pounds operating under 14 CFR about $12.7 million in nominal dollars agencies are required to solicit and part 121. using airplane compliance costs developed by the IPHWG. The seven consider flexible regulatory proposals Assumptions percent present value cost of this final and to explain the rationale for their actions to assure that such proposals are (1) The base year is 2010. rule over the analysis period is about $6.7 million. We estimate the initial given serious consideration.’’ The RFA (2) This final rule will be effective in covers a wide-range of small entities, 2011. costs for a new certification program for operating the deicing boots based on including small businesses, not-for- (3) The compliance date of the rule is profit organizations, and small visible moisture and temperature are 24 months from the effective date of the governmental jurisdictions. about $400,000. We estimate the final rule. Agencies must perform a review to (4) The analysis period extends for operating and training costs are about determine whether a rule will have a 20 years from 2013 through 2032. We $12.3 million. significant economic impact on a believe this analysis period captures Alternatives Considered substantial number of small entities. If nearly all of the expected benefits and the agency determines that it will, the costs. Alternative One agency must prepare a regulatory (5) All monetary values are expressed Maintain the status quo: Simply flexibility analysis as described in the in constant 2010 dollars. The present maintaining the status quo for flight in RFA. value of the potential 10-year benefit icing procedures would not be a The FAA has determined that this stream was calculated by discounting practice that is responsive to NTSB final rule will not have a significant the monetary values using three and recommendations and the FAA Inflight economic impact on a substantial seven percent present value rates over Aircraft Icing Plan. The FAA has number of small entities. The FAA the 2013 to 2032 analysis period. rejected this alternative because the made the same determination in the (6) The value of an averted fatality is final rule will enhance passenger safety NPRM. There were no comments $6.0 million.5 and prevent ice-related accidents for regarding small entities for the NPRM. The following briefly describes the (7) The FAA used a $104.99 hourly airplanes with a certified MTOW less history leading up to this rulemaking rate for a mechanic/technician working than 60,000 pounds. As it stands, the and the methodology used to determine for an airplane manufacturer or modifier final rule is the reasoned result of the that this final rule will not have a and an $86.48 hourly rate for an FAA Administrator carrying out the FAA Inflight Aircraft Icing Plan. significant economic impact on a engineer working for an airplane substantial number of small entities. manufacturer or modifier. These hourly Alternative Two On October 31, 1994, at 1559 Central rates include overhead costs.6 Issue more ADs requiring a means to Standard Time, an Avions de Transport Benefits of This Rule know when to activate the icing Regional model ATR 72, operated by protection system: The FAA has already Simmons Airlines, Incorporated, and The benefits of this final rule consist issued ADs to address activation of icing doing business as American Eagle flight of the value of averted fatalities, protection systems. An evaluation of 4184, crashed during a rapid descent airplane loss, and investigation cost accidents and incidents led to the after an uncommanded roll excursion. from avoiding accidents involving conclusion that the ADs do not provide The FAA, Aerospatiale, the French transport category airplanes with a adequate assurance that the flightcrew Direction Ge´ne´rale de l’Aviation Civile, certified MTOW under 60,000 pounds will be made aware of when to activate Bureau Enquete Accident, NASA, operating under 14 CFR part 121. We the icing protection system. Because NTSB, and others conducted an estimate that one accident and five this problem is not unique to particular extensive investigation of this accident. fatalities could potentially be avoided, airplane designs, but exists for all This accident and the investigation over the analysis period, by adopting airplanes susceptible to the icing prompted the FAA to initiate a review the final rule. The value of an averted hazards described previously, it is of aircraft inflight icing safety and fatality is assumed to be $6.0 million. A appropriate to address this problem determine changes that could be made series of Airworthiness Directives (ADs) through an operational rule, rather than to increase the level of safety. The final were issued for airplanes with by ADs. rule is responsive to NTSB pneumatic de-icing boots to activate the recommendation A–07–14. The final systems at the first sign of ice accretion. Alternative Three rule is also one of the items listed in the Due to the similarity of requirements Issue new standards: The third FAA Inflight Aircraft Icing Plan, dated between the ADs and this proposal, we alternative is this final rule. The FAA’s April 1997. The Inflight Aircraft Icing accounted for the effects of the ADs by judgment is that this is the most viable Plan details the FAA’s plans for reducing the estimated benefits. Over option because the final rule will improving the safety of airplanes when the analysis period, the potential increase the safety of the flying public they are operated in icing conditions. benefits of the final rule will be $22.1 by reducing icing-related accidents in This final rule specifically applies to million in nominal dollars ($11.4 the future in the least costly way. part 121 operators of airplanes that have million in seven percent present value a certified MTOW of less than 60,000 terms). Regulatory Flexibility Determination pounds. We have determined which The Regulatory Flexibility Act of 1980 small entities could be affected by 5 ‘‘Treatment of the Economic Value of a (Pub. L. 96–354) (RFA) establishes ‘‘as a associating airplanes with a certified Statistical Life in Departmental Analysis,’’ March principle of regulatory issuance that MTOW of less than 60,000 pounds with 18, 2009, U.S. Department of Transportation Memorandum. agencies shall endeavor, consistent with part 121 operators. For this section of 6 Department of Labor, Bureau of Labor Statistics. the objectives of the rule and of the analysis, only those operators Occupational Employment and Wages. applicable statutes, to fit regulatory and meeting the above criteria that have

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1,500 or fewer employees are that each of the small operators’ costs occurred in year four of the considered. airplanes is retired when their airplanes analysis period. Note that the more To estimate the number of affected reach the average retirement age of 25.9 airplanes in a major airplane group, the airplanes, the FAA analyzed the current years. less expensive, per airplane, the non- active fleet of airplanes, a forecast of Using information provided by the recurring costs are to the operators of airplanes affected by the final rule World Aviation Directory, SEC filings, those airplanes. In addition to the entering the fleet, and a forecast of the and the Internet, scheduled and non- airplane flight manual cost, the retired affected airplanes exiting the scheduled commercial operators that are additional incremental recurring costs fleet during the analysis period. subsidiary businesses of larger include boot maintenance, replacement A list of all U.S. operated civilian businesses were eliminated from the and installation labor. These recurring airplanes operating under part 121 was database. An example of a subsidiary costs started in 2013 and continued generated by the FAA Flight Standards business is Continental Express, Inc., either until the airplane retired or Service. Each airplane group was which is a subsidiary of Continental through the end of the analysis period. matched with its current (as of May Airlines. Using information provided by The degree to which small air 2010) MTOW and average age through the U.S. Department of Transportation operator entities can ‘‘afford’’ the cost of the use of the OAG FleetPCTM database. Form 41 filings, the World Aviation compliance is determined by the All airplanes with a MTOW greater than Directory Winter 2009, and the Internet, availability of financial resources. The 60,000 pounds were eliminated. all businesses with more than 1,500 initial implementation costs of the final Using industry sources, the FAA employees were eliminated. The FAA rule may be financed, paid for using determined which airplanes currently obtained company revenue from the existing company assets, or borrowed. A had primary or advisory icing detection remaining businesses. Following this proxy for the firm’s ability to afford the systems. Airplanes equipped with either approach, five small entities operate cost of compliance is the ratio of the a primary or advisory ice detection airplanes that will be affected by this total annualized cost of the final rule as system are in compliance, and this final proposal. a percentage of annual revenue. No rule will impose no costs to operators of The FAA estimated the cost of small business operator potentially those airplanes. All turbojets affected by compliance per airplane and multiplied affected by this final rule incurred costs this proposal are in compliance because this cost by the total fleet of affected greater than one percent of its annual those airplanes are equipped with either airplanes per operator, over the analysis revenue. On that basis, we believe firms a certificated primary or advisory ice period, to obtain the total compliance can afford the compliance costs of this detection systems. cost for each small entity. The non- final rule. We used a similar metric for The FAA used the OAG FleetPCTM recurring costs, for updating the the initial regulatory flexibility analysis database and determined that airplane flight manual for each major and received no comments. Table 2 turboprops are retired from U.S. airplane group, were distributed equally shows the economic impact on the certificated service at an average age among the airplanes in each major small entity air operators affected by (mean) of 25.9 years. Thus, we assume airplane group. These non-recurring this final rule.

Therefore as the FAA Administrator, International Trade Impact Assessment from establishing standards or engaging I certify that this rule will not have a in related activities that create significant economic impact on a The Trade Agreements Act of 1979 unnecessary obstacles to the foreign substantial number of small entities. (Pub. L. 96–39), as amended by the commerce of the United States. Uruguay Round Agreements Act (Pub. Pursuant to these Acts, the L. 103–465), prohibits Federal agencies

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establishment of standards is not make any regulatory distinctions Small Business Regulatory Enforcement considered an unnecessary obstacle to applicable to intrastate aviation in Fairness Act the foreign commerce of the United Alaska. The Small Business Regulatory States, so long as the standard has a Environmental Analysis Enforcement Fairness Act (SBREFA) of legitimate domestic objective, such the 1996 requires FAA to comply with protection of safety, and does not FAA Order 1050.1E identifies FAA small entity requests for information or operate in a manner that excludes actions that are categorically excluded advice about compliance with statutes imports that meet this objective. The from preparation of an environmental and regulations within its jurisdiction. If statute also requires consideration of assessment or environmental impact you are a small entity and you have a international standards and, where statement under the National question regarding this document, you appropriate, that they be the basis for Environmental Policy Act in the may contact your local FAA official, or U.S. standards. The FAA has assessed absence of extraordinary circumstances. the person listed under the FOR FURTHER the potential effect of this final rule and The FAA has determined this INFORMATION CONTACT heading at the determined that the proposed standards rulemaking action qualifies for the beginning of the preamble. You can find are necessary for aviation safety and categorical exclusion identified in out more about SBREFA on the Internet will not create unnecessary obstacles to paragraph 312f and involves no at http://www.faa.gov/ the foreign commerce of the United extraordinary circumstances. regulations_policies/rulemaking/ States. _ Regulations That Significantly Affect sbre act/. Unfunded Mandates Assessment Energy Supply, Distribution, or Use Appendix—Definition of Terms Used in Title II of the Unfunded Mandates This Rule Reform Act of 1995 (Pub. L. 104–4) The FAA has analyzed this final rule requires each Federal agency to prepare under Executive Order 13211, Actions For purposes of this final rule, the Concerning Regulations that following definitions are applicable. Note a written statement assessing the effects that some of these definitions are common to of any Federal mandate in a proposed or Significantly Affect Energy Supply, those used in the preamble to the final rule final agency rule that may result in an Distribution, or Use (May 18, 2001). We for § 25.1419 Ice protection, and that rule’s expenditure of $100 million or more (in have determined that it is not a accompanying guidance material. 1995 dollars) in any one year by State, ‘‘significant energy action’’ under the a. Advisory ice detection system—A system local, and Tribal governments, in the executive order because, while it is that advises the flightcrew of the presence of aggregate, or by the private sector; such considered a ‘‘significant regulatory ice accretion or icing conditions. Both primary ice detection systems and advisory a mandate is deemed to be a ‘‘significant action’’ under DOT’s Regulatory Policies and Procedures, it is not likely to have ice detection systems can either direct the regulatory action.’’ The FAA currently pilot to manually activate the ice protection uses an inflation-adjusted value of a significant adverse effect on the system or provide a signal that automatically $143.1 million in lieu of $100 million. supply, distribution, or use of energy. activates the ice protection system. However, This final rule does not contain such a Availability of Rulemaking Documents because it has lower reliability than a mandate; therefore, the requirements of primary system, an advisory ice detection Title II of the Act do not apply. You can get an electronic copy of system can only be used in conjunction with other means (most commonly, visual Executive Order 13132, Federalism rulemaking documents using the observation by the flightcrew) to determine Internet by— the need for, or timing of, activating the anti- The FAA has analyzed this final rule icing or deicing system. With an advisory ice under the principles and criteria of 1. Searching the Federal eRulemaking Portal (http://www.regulations.gov); detection system, the flightcrew is Executive Order 13132, Federalism. We responsible for monitoring icing conditions have determined that this action will 2. Visiting the FAA’s Regulations and or ice accretion as defined in the airplane not have a substantial direct effect on Policies Web page at http:// flight manual (AFM), typically using total air the States, or the relationship between www.faa.gov/regulations_policies/ or temperature and visible moisture criteria or visible ice accretion. With an advisory ice the Federal Government and the States, 3. Accessing the Government Printing or on the distribution of power and detection system, the flightcrew is Office’s Web page at http:// responsible for activating the anti-icing or responsibilities among the various www.gpoaccess.gov/fr/index.html. deicing system(s). levels of government, and, therefore, You can also get a copy by sending a b. Airframe icing—Ice accretion on the does not have federalism implications. request to the Federal Aviation airplane, except for on the propulsion system. Regulations Affecting Intrastate Administration, Office of Rulemaking, c. Anti-icing—Prevention of ice accretions Aviation in Alaska ARM–1, 800 Independence Avenue, on a protected surface, either by: Section 1205 of the FAA SW., Washington, DC 20591, or by • Evaporating the impinging water, or Reauthorization Act of 1996 (110 Stat. calling (202) 267–9680. Make sure to • Allowing the impinging water to run 3213) requires the FAA, when identify the notice, amendment, or back and off the protected surface or freeze modifying its regulations in a manner docket number of this rulemaking. on non-critical areas. d. Automatic cycling mode—A mode of affecting intrastate aviation in Alaska, to Anyone is able to search the operation of the airframe de-icing system that consider the extent to which Alaska is electronic form of all comments provides repetitive cycles of the system not served by transportation modes received into any of our dockets by the without the need for the pilot to select each other than aviation, and to establish name of the individual submitting the cycle. This is generally done with a timer, appropriate regulatory distinctions. In comment (or signing the comment, if and there may be more than one timing the NPRM, we requested comments on submitted on behalf of an association, mode. whether the proposed rule should apply business, labor union, etc.). You may e. Conditions conducive to airframe icing— differently to intrastate operations in review DOT’s complete Privacy Act Visible moisture at or below a static air temperature of 5°C or total air temperature of Alaska. We did not receive any statement in the Federal Register 10°C, unless otherwise substantiated. comments, and we have determined, published on April 11, 2000 (Volume f. Deicing—The removal or the process of based on the administrative record of 65, Number 70; Pages 19477–78) or you removal of an ice accretion after it has this rulemaking, that there is no need to may visit http://DocketsInfo.dot.gov. formed on a surface.

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g. Ice protection system (IPS)—A system to airframe icing unless it complies with Manual or in the manual required by that protects certain critical aircraft parts this section. As used in this section, the § 121.133 must be initiated. from ice accretion. To be an approved phrase ‘‘conditions conducive to (b) If the procedures specified in system, it must satisfy the requirements of airframe icing’’ means visible moisture paragraph (a)(3)(i) of this section are § 23.1419 or § 25.1419 and other applicable at or below a static air temperature of specifically prohibited in the Airplane requirements. ° ° h. Primary ice detection system—A 5 C or a total air temperature of 10 C, Flight Manual, compliance must be detection system used to determine when the unless the approved Airplane Flight shown with the requirements of IPS must be activated. This system Manual provides another definition. paragraph (a)(1) or (2) of this section. announces the presence of ice accretion or (a) When operating in conditions (c) Procedures necessary for safe icing conditions, and it may also provide conducive to airframe icing, compliance operation of the airframe ice protection information to other aircraft systems. A must be shown with paragraph (a)(1), or system must be established and primary automatic system automatically (2), or (3) of this section. documented in: activates the anti-icing or deicing IPS. A (1) The airplane must be equipped (1) The Airplane Flight Manual for primary manual system requires the flightcrew to activate the anti-icing or deicing with a certificated primary airframe ice airplanes that comply with IPS upon indication from the primary ice detection system. § 121.321(a)(1) or (2), or detection system. (i) The airframe ice protection system (2) The Airplane Flight Manual or in i. Reference surface—The observed surface must be activated automatically, or the manual required by § 121.133 for used as a reference for the presence of ice on manually by the flightcrew, when the airplanes that comply with the monitored surface. The reference surface primary ice detection system indicates § 121.321(a)(3). may be observed directly or indirectly. Ice activation is necessary. (d) Procedures for operation of the must occur on the reference surface before— (ii) When the airframe ice protection airframe ice protection system must or at the same time as—it appears on the system is activated, any other include initial activation, operation after monitored surface. Examples of reference surfaces include windshield wiper blades or procedures in the Airplane Flight initial activation, and deactivation. bolts, windshield posts, ice evidence probes, Manual for operating in icing conditions Procedures for operation after initial the propeller spinner, and the surface of ice must be initiated. activation of the ice protection system detectors. The reference surface may also be (2) Visual cues of the first sign of ice must address— the monitored surface. formation anywhere on the airplane and (1) Continuous operation, j. Static air temperature—The air a certificated advisory airframe ice (2) Automatic cycling, temperature that would be measured by a detection system must be provided. (3) Manual cycling if the airplane is temperature sensor that is not in motion in (i) The airframe ice protection system equipped with an ice detection system relation to that air. This temperature is also must be activated when any of the that alerts the flightcrew each time the referred to in other documents as ‘‘outside air ice protection system must be cycled, or temperature,’’ ‘‘true outside temperature,’’ or visual cues are observed or when the ‘‘ambient temperature.’’ advisory airframe ice detection system (4) Manual cycling based on a time k. Total air temperature—The static air indicates activation is necessary; interval if the airplane type is not temperature plus the rise in temperature due whichever occurs first. equipped with features necessary to to the air being brought to rest relative to the (ii) When the airframe ice protection implement (d)(i)–(iii) of this section. airplane. system is activated, any other (e) System installations used to l. Visual cues—Ice accretion on a reference procedures in the Airplane Flight comply with § 121.321(a)(1) or (2) must surface that the flightcrew observes. The Manual for operating in icing conditions be approved through an amended or visual cue is used to detect the first sign of supplemental type certificate in airframe ice accretion. must be initiated. (3) If the airplane is not equipped to accordance with part 21 of this chapter. List of Subjects in 14 CFR Part 121 comply with the provisions of Issued in Washington, DC, on August 11, Aircraft, Air carriers, Aviation safety, paragraph (a)(1) or (2) of this section, 2011. Safety, Reporting and recordkeeping then the following apply: J. Randolph Babbitt, requirements. (i) When operating in conditions Administrator. conducive to airframe icing, the [FR Doc. 2011–21247 Filed 8–19–11; 8:45 am] The Amendment airframe ice protection system must be BILLING CODE 4910–13–P In consideration of the foregoing, the activated prior to, and operated during, Federal Aviation Administration the following phases of flight: amends part 121 of title 14, Code of (A) Takeoff climb after second FEDERAL TRADE COMMISSION Federal Regulations as follows: segment, (B) En route climb, 16 CFR Parts 3 and 4 PART 121—OPERATING (C) Go-around climb, REQUIREMENTS: DOMESTIC, FLAG, (D) Holding, Rules of Practice AND SUPPLEMENTAL OPERATIONS (E) Maneuvering for approach and landing, and AGENCY: Federal Trade Commission ■ 1. The authority citation for part 121 (F) Any other operation at approach (‘‘Commission’’ or ‘‘FTC’’). continues to read as follows: or holding airspeeds. ACTION: Final rule amendments. Authority: 49 U.S.C. 106(g), 40113, 40119, (ii) During any other phase of flight, 44101, 44701–44702, 44705, 44709–44711, the airframe ice protection system must SUMMARY: The FTC is amending its 44713, 44716–44717, 44722, 44901, 44903– be activated and operated at the first Rules of Practice for its adjudicative 44904, 44912, 46105. sign of ice formation anywhere on the process, including those regarding the ■ 2. Revise § 121.321 to read as follows: airplane, unless the Airplane Flight initiation of discovery, limitations on Manual specifies that the airframe ice discovery, the Standard Protective § 121.321 Operations in Icing. protection system should not be used or Order, the admission of certain hearsay After October 21, 2013 no person may provides other operational instructions. evidence, the video recording of operate an airplane with a certificated (iii) Any additional procedures for proceedings, the designation of maximum takeoff weight less than operation in conditions conducive to confidentiality on documents, the 60,000 pounds in conditions conducive icing specified in the Airplane Flight timing for oral argument on appeal, and

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