Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2705 of the Federal Aviation Regulations (14 CFR FOR FURTHER INFORMATION CONTACT: if the outside air temperatures 21.197 and 21.199) to operate the to Andrew Gfrerer, Aerospace Engineer, are above +5 degrees Celsius on a location where the requirements of this AD Systems and Equipment Branch, ANM– approach. Ice sublimation, melting, and can be accomplished. 130L, FAA, Transport Airplane shedding are not only functions of (e) This amendment supersedes priority temperature, but also are dependent letter AD 94–11–11, issued June 23, 1994. Directorate, Los Angeles Aircraft (f) This amendment becomes effective on Certification Office, 3960 Paramount upon other factors such as the nature, February 13, 1996. Boulevard, Lakewood, California 90712; size, and extent of ice accretion; Issued in Burlington, Massachusetts, on telephone (310) 627–5338; fax (310) operation of ice protection systems; time January 11, 1996. 627–5210. of flight in temperatures above freezing; Jay J. Pardee, SUPPLEMENTARY INFORMATION: A and airplane speed. proposal to amend part 39 of the Federal The commenter’s concern regarding Manager, Engine and Propeller Directorate, incurring a extension limitation Aircraft Certification Service. Aviation Regulations (14 CFR part 39) to include an airworthiness directive (AD) after encountering, and then departing, [FR Doc. 96–1410 Filed 1–26–96; 8:45 am] icing conditions has merit. However, the BILLING CODE 4910±13±U that is applicable to various General Dynamics (Convair) airplanes was airplane must be free of ice before the published in the Federal Register on flaps are extended to greater than 30 degrees. Since ice can accrete on 14 CFR Part 39 June 16, 1995 (60 FR 31648). That action proposed to require revising the FAA- tailplanes with a small [Docket No. 95±NM±19±AD; Amendment radius when there is no evidence of ice approved Airplane Flight Manual 39±9501; AD 96±03±04] accretion on the wings, a method of (AFM) to require that the flight crew visual inspection of the wings, limit the flap settings during certain Airworthiness Directives; General tailplanes, and/or proven ice detectors icing conditions and air temperatures. Dynamics (Convair) Model 240 Series or ice evidence probes would be Interested persons have been afforded Airplanes, Including Model T±29 necessary to assure clean surfaces. (Military) Airplanes; Model 340 and 440 an opportunity to participate in the One commenter requests that the Series Airplanes; and Model C±131 making of this amendment. Due proposed AD be withdrawn. The (Military) Airplanes; Including Those consideration has been given to the commenter states that the airplane can Modified for Turbo-Propeller Power comments received. be operated quite safely within the One commenter supports the environment to which it is certified AGENCY: Federal Aviation proposed rule. when the anti-icing system is Administration, DOT. One commenter supports the operational and functioning, and when ACTION: Final rule. proposed rule, but believes that an that system is used in the manner in allowance should be made for using a which it was intended. SUMMARY: This amendment adopts a setting of greater than flaps 30 after new airworthiness directive (AD), The FAA does not concur with the icing conditions have been encountered commenter’s request. Test pilots of applicable to various General Dynamics if outside air temperatures in the (Convair) airplanes, that requires Convair Model 5800 series airplanes landing area are well above freezing. actually experienced evidence of ice revising the Airplane Flight Manual to The commenter indicates that icing contaminated stall (ICTS) require that the flight crew limit the flap conditions may be encountered at during pushover maneuver flight tests. settings during certain icing conditions cruising altitudes, but the ground (Model 5800 series airplanes are similar and air temperatures. This amendment temperatures could be much warmer. to Model 340 series airplanes equipped is prompted by reports indicating that The commenter believes that there is with turbo-prop engines.) For this incidents involving uncommanded virtually no chance that ice would reason the type certificate holder agreed pitch excursions have occurred due to remain on the tail. From the with the FAA that a flap extension ice contaminated tailplane stall (ICTS) commenter’s experience, all ice that has restriction during operation in icing that occurred during or following flight collected on the wing leading edges, conditions is necessary. The specific in icing conditions. If flap settings are engine , windscreens, and flight test used to determine increased for landing when conditions windshield wipers will have susceptibility to ICTS is a pushover for ICT S are present, control disappeared by the time the indicating maneuver to generate an increased angle could be affected adversely and the outside air temperature has reached +5 of attack on the horizontal tailplane. airplane could descend uncontrollably. degrees Celsius on descent. This maneuver is performed with ice The actions specified by this AD are In light of these remarks, the shapes on the tailplane and flaps in intended to ensure that the flight crew commenter suggests that the AFM approach and landing positions, at is advised of the potential hazard revision required by paragraph (a) of the speeds from near approach to maximum related to increasing the flap settings proposed rule be reworded as follows: for the configurations. The test when conditions for ICTS are present, ‘‘Flap selection is limited to a procedure requires a push force and the procedures necessary to address maximum of 30 degrees after icing throughout the maneuver to zero load it. conditions have been encountered if the factor. A force reversal would be EFFECTIVE DATE: February 28, 1996. indicated OAT on approach is +5 indicative of an elevator hinge moment ADDRESSES: Information pertaining to degrees Celsius or lower; or if icing reversal caused by airflow separation this rulemaking action may be examined conditions are anticipated during due to accreted ice and an increased at the Federal Aviation Administration approach and landing; or when the angle of attack due to pitch rate, and (FAA), Transport Airplane Directorate, outside air temperature is +5 degrees would define the aircraft as susceptible Rules Docket, 1601 Lind Avenue SW., Celsius or below and any visible to ICTS. Because all affected Convair Renton, Washington; or at the FAA, Los moisture is present.’’ airplane models have tailplane designs Angeles Aircraft Certification Office, The FAA does not concur with the that are similar to the model tested, this Transport Airplane Directorate, 3960 commenter’s suggestion. Operators AD requires a flap limitation. Paramount Boulevard, Lakewood, cannot generally assume that accreted The FAA has revised this final rule to California. ice will not be present on wings and clarify that the unsafe condition 2706 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations specified in this AD can occur if the flap Administrator, the Federal Aviation Issued in Renton, Washington, on January settings are increased when conditions Administration amends part 39 of the 23, 1996. for ICTS are present. Federal Aviation Regulations (14 CFR Darrell M. Pederson, After careful review of the available part 39) as follows: Acting Manager, Transport Airplane data, including the comments noted Directorate, Aircraft Certification Service. above, the FAA has determined that air PART 39ÐAIRWORTHINESS [FR Doc. 96–1517 Filed 1–26–96; 8:45 am] safety and the public interest require the DIRECTIVES BILLING CODE 4910±13±U adoption of the rule as proposed. 1. The authority citation for part 39 There are approximately 282 Model continues to read as follows: 240 series airplanes, including Model 14 CFR Part 39 T–29 (military) airplanes; Model 340 Authority: 49 U.S.C. 106(g), 40113, 44701. [Docket No. 95±CE±88±AD; Amendment 39± and 440 series airplanes; Model C–131 § 39.13 [Amended] 9500; AD 95±24±10] (military) airplanes, and those models 2. Section 39.13 is amended by modified for turbo-propeller power; of adding the following new airworthiness Airworthiness Directives; Michelin the affected design in the worldwide directive: Corporation Part Number fleet. The FAA estimates that 197 028±520±1 (22x5.75±12/10PR) Tires airplanes of U.S. registry will be affected 96–03–04 General Dynamics (Convair): Installed on the Main of by this AD, that it will take Amendment 39–9501. Docket 95–NM– 19–AD. Airplanes approximately 1 work hour per airplane to accomplish the required actions, and Applicability: All Model 240 series AGENCY: Federal Aviation airplanes, including Model T–29 (military) Administration, DOT. that the average labor rate is $60 per airplanes; Model 340 and 440 series work hour. Based on these figures, the airplanes; and Model C–131 (military) ACTION: Final rule; request for cost impact of the AD on U.S. operators airplanes; including those models modified comments. is estimated to be $11,820, or $60 per for turbo-propeller power (commonly airplane. referred to as Model 580, 600, and 640 series SUMMARY: This document publishes in The cost impact figure discussed airplanes); certificated in any category. the Federal Register an amendment above is based on assumptions that no Compliance: Required as indicated, unless adopting Airworthiness Directive (AD) operator has yet accomplished any of accomplished previously. 95–24–10, which was sent previously to To ensure that the flight crew is advised of all known U.S. owners and operators of the requirements of this AD action, and the potential hazard associated with that no operator would accomplish increasing the flap settings when ice airplanes with a Michelin Aircraft Tire those actions in the future if this AD contaminated tailplane stall (ICTS) Corporation part number (P/N) 028– were not adopted. conditions are present, and the procedures 520–1 (22x5.75–12/10PR) tire installed The regulations adopted herein will necessary to address it, accomplish the on the main landing gear. This AD not have substantial direct effects on the following: requires replacing any of the affected States, on the relationship between the (a) Within 30 days after the effective date tires with an FAA-approved tire. Two national government and the States, or of this AD, revise the Limitations Section of reports of failure (rupture) of the main the FAA-approved Airplane Flight Manual landing gear tire during landing on the distribution of power and (AFM) to include the following procedures, responsibilities among the various which will limit the flap settings during operations on Citation VII levels of government. Therefore, in certain icing conditions and air temperatures. airplanes prompted priority letter AD accordance with Executive Order 12612, This may be accomplished by inserting a 95–24–10. The actions specified by this it is determined that this final rule does copy of this AD in the AFM. AD are intended to prevent loss of not have sufficient federalism ‘‘FLAP LIMITATION IN ICING CONDITIONS control of the airplane during landing implications to warrant the preparation Flap selection is limited to a maximum of operations because of failure of a P/N of a Federalism Assessment. 30 degrees after icing conditions have been 028–520–1 (22x5.75–12/10PR) tire. For the reasons discussed above, I encountered; or when icing conditions are DATES: Effective February 21, 1996, to certify that this action (1) is not a anticipated during approach and landing; or all persons except those to whom it was ‘‘significant regulatory action’’ under when the outside air temperature is +5 made immediately effective by priority Executive Order 12866; (2) is not a degrees Celsius or below and any visible letter AD 95–24–10, issued November ‘‘significant rule’’ under DOT moisture is present.’’ (b) An alternative method of compliance or 21, 1995, which contained the Regulatory Policies and Procedures (44 adjustment of the compliance time that requirements of this amendment. FR 11034, February 26, 1979); and (3) provides an acceptable level of safety may be Comments for inclusion in the Rules will not have a significant economic used if approved by the Manager, Los Docket must be received on or before impact, positive or negative, on a Angeles Aircraft Certification Office (ACO), April 30, 1996. FAA, Transport Airplane Directorate. substantial number of small entities ADDRESSES: Submit comments in under the criteria of the Regulatory Operators shall submit their requests through an appropriate FAA Principal Maintenance triplicate to the Federal Aviation Flexibility Act. A final evaluation has Administration (FAA), Central Region, been prepared for this action and it is Inspector, who may add comments and then send it to the Manager, Los Angeles ACO. Office of the Assistant Chief Counsel, contained in the Rules Docket. A copy Attention: Rules Docket 95–CE–88–AD, of it may be obtained from the Rules Note: Information concerning the existence of approved alternative methods of Room 1558, 601 E. 12th Street, Kansas Docket at the location provided under compliance with this AD, if any, may be City, Missouri 64106. the caption ADDRESSES. obtained from the Los Angeles ACO. Information that relates to this AD List of Subjects in 14 CFR Part 39 (c) Special flight permits may be issued in may be examined at the Rules Docket at accordance with sections 21.197 and 21.199 the address above, or at the Office of the Air transportation, Aircraft, Aviation of the Federal Aviation Regulations (14 CFR safety, Safety. Federal Register, 800 North Capitol 21.197 and 21.199) to operate the airplane to Street NW., 7th Floor, suite 700, Adoption of the Amendment a location where the requirements of this AD can be accomplished. Washington, DC. Accordingly, pursuant to the (d) This amendment becomes effective on FOR FURTHER INFORMATION CONTACT: Ms. authority delegated to me by the February 28, 1996. Denise Bosonetto, Aerospace Engineer,