35270 Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations reference of Snow Engineering Company reduced controllability of the aircraft Was the Public Invited To Comment? Service Letter #138, Revised August 7, 1996, due to adverse aerodynamic effects of as of August 25, 1997. The FAA invited interested persons to ice adhering to the airplane prior to the participate in the making of this (2) The Director of the Federal Register first deicing cycle. approved the incorporation by reference of amendment. Following is a summary of Snow Engineering Company Service Letter EFFECTIVE DATE: July 17, 2000. the two comments received with FAA’s #196, Revised March 7, 2000 under 5 U.S.C. response. ADDRESSES: You may examine 552(a) and 1 CFR part 51. (3) You may get copies from Air Tractor information related to this AD at the Comment Issue No. 1: Allow the Use of Incorporated, P.O. Box 485, Olney, Texas Federal Aviation Administration (FAA), Recent Airplane Flight Manual (AFM) 76374. You may look at copies at FAA, Central Region, Office of the Regional Additions Central Region, Office of the Regional Counsel, Attention: Rules Docket No. What Is the Commenter’s Concern? Counsel, 901 Locust, Room 506, Kansas City, 99–CE–36–AD, 901 Locust, Room 506, Missouri, or at the Office of the Federal Kansas City, Missouri 64106. Pilatus requests that FAA allow the Register, 800 North Capitol Street, NW, suite operators of the affected airplanes to use FOR FURTHER INFORMATION CONTACT: Mr. 700, Washington, DC. as an alternative method of compliance John P. Dow, Sr., Aerospace Engineer, (i) When does this amendment become the most recent information for Section FAA, Small Airplane Directorate, 901 effective? This amendment becomes effective 2, Limitations, of the Pilatus PC12 on June 23, 2000. Locust, Room 506, Kansas City, Airplane Flight Manual (AFM). This Missouri 64106; telephone: (816) 329– Issued in Kansas City, Missouri, on May information is included in Report No.: 4121; facsimile: (816) 329–4090. 22, 2000. 01973–001, page 2–12, Revision 9: Marvin R. Nuss, SUPPLEMENTARY INFORMATION: September 1, 1999, and includes the Acting Manager, Small Airplane Directorate, following language: Aircraft Certification Service. Events Leading to the Issuance of This AD The wing and tail leading edge pneumatic [FR Doc. 00–13445 Filed 6–1–00; 8:45 am] deicing boot system must be activated at the BILLING CODE 4910±13±P What Caused This AD? first sign of ice formation anywhere on the aircraft, or upon annunciation from an ice This AD is the result of reports of in- detector system (if installed), whichever DEPARTMENT OF TRANSPORTATION flight incidents and an accident (on occurs first. airplanes other than the affected Pilatus The wing and tail leading edge pneumatic Federal Aviation Administration airplanes) that occurred in icing deicing boot system may be deactivated only conditions where the airframe after leaving icing conditions and after the 14 CFR Part 39 pneumatic deicing boots were not aircraft is determined to be clear of ice. activated. The Pilatus Models PC–12 [Docket No. 99±CE±36±AD; Amendment 39± and PC–12/45 airplanes have a similar What Is FAA’s Response to the Concern? 11762; AD 2000±11±14] type design (as it relates to airframe We have determined that inserting RIN 2120±AA64 pneumatic ice boots) to the incident and this report into the Section 2, accident airplanes. Limitations, of the Pilatus PC12 AFM Airworthiness Directives; Pilatus provides an equivalent level of safety to What Is the Potential Impact If FAA Aircraft Ltd. Models PC±12 and PC±12/ the actions included in the NPRM. Took No Action? 45 Airplanes Therefore, we are changing the AD to AGENCY: Federal Aviation The information necessary to activate include the option of incorporating into Administration, DOT. the pneumatic wing and tail deicing the AFM the information proposed in the NPRM or Report No.: 01973–001, ACTION: Final rule. boots at the first signs of ice accumulation is critical for flight in page 2–12, Revision 9: September 1, SUMMARY: This document adopts a new icing conditions. If we did not take 1999. airworthiness directive (AD) that action to include this information, flight Comment Issue No. 2: Information is applies to all Pilatus Aircraft Ltd. crews could experience reduced Already Included in the Normal (Pilatus) Models PC–12 and PC–12/45 controllability of the aircraft due to Procedures Section of the AFM airplanes that are equipped with adverse aerodynamic effects of ice pneumatic deicing boots. This AD adhering to the airplane prior to the first What Are the Commenter’s Concerns? requires you to revise the Airplane deicing cycle. The Federal Office for Civil Aviation Flight Manual (AFM) to include Has FAA Taken Any Action to This (FOCA), which is the airworthiness requirements for activation of the Point? authority for Switzerland, believes that airframe pneumatic deicing boots. This the intent of this AD is already covered AD is the result of reports of in-flight We issued a proposal to amend part in the Pilatus PC12 AFM. The FOCA’s incidents and an accident (on airplanes 39 of the Federal Aviation Regulations concerns are as follows: other than the affected Pilatus airplanes) (14 CFR part 39) to include an AD that 1. The appropriate time to activate the that occurred in icing conditions where would apply to all Pilatus Models PC– pneumatic deice boots on the affected the airframe pneumatic deicing boots 12 and PC–12/45 airplanes that are Pilatus airplanes is prior to entry into were not activated. The Pilatus Models equipped with pneumatic deicing boots. icing conditions, and until the airfoils PC–12 and PC–12/45 airplanes have a This proposal published in the Federal are free of ice after exiting icing similar type design (as it relates to Register as a notice of proposed conditions. This information is included airframe pneumatic ice boots) to the rulemaking (NPRM) on October 8, 1999 in Section 4.10 (Normal Procedures) of incident and accident airplanes. The (64 FR 54833). The NPRM proposed to the PC12 AFM; actions specified by this AD are require revising the Limitations Section 2. These instructions are not intended to assure that flightcrews of the AFM to include requirements for necessary in the Limitations Section of activate the pneumatic wing and tail activation of pneumatic deicing boots at the AFM. The Limitations Section deicing boots at the first signs of ice the first indication of ice accumulation should only include limitations relating accumulation. This action will prevent on the airplane. to speeds, environment (temperatures),

VerDate 112000 12:51 Jun 01, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\02JNR1.SGM pfrm03 PsN: 02JNR1 Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations 35271 or system functions (time limits or Cost Impact Authority: 49 U.S.C. 106(g), 40113, 44701. configurations). Guidance for this is in How Many Airplanes Does This AD § 39.13 [Amended] FAA Advisory Circular (AC) 25.1419–1, Impact? dated August 18, 1999. Paragraph 2. FAA amends Section 39.13 is 12(b)(2) of this AC identifies the We estimate that this AD affects 100 amended by adding a new airworthiness Procedures Section as the proper place airplanes in the U.S. registry. directive (AD) to read as follows: 2000–11–14 PILATUS AIRCRAFT LTD.: for information ‘‘. . . when the ice What Is the Cost Impact of the Affected protection system should be activated.’’ Amendment 39–11762; Docket No. 99– Airplanes on the U.S. Register? CE–36–AD. The FOCA requests FAA withdraw There is no dollar cost impact. We (a) What airplanes are affected by this AD? the NPRM. estimate 1 workhour for you to insert Models PC–12 and PC–12/45 airplanes, all serial numbers, that are: What Is FAA’s Response to the the AFM revision. You can accomplish (1) equipped with pneumatic deicing Concerns? this action if you hold at least a private boots; and pilot certificate as authorized by section (2) certificated in any category. We concur that the information is 43.7 of the Federal Aviation Regulations (b) Who must comply with this AD? currently in the Normal Procedures (14 CFR 43.7). You must make an entry Anyone who wishes to operate any of the section of the Pilatus PC12 AFM and into the aircraft records that shows above airplanes on the U.S. Register. The AD that previous guidance (advisory compliance with this AD, in accordance does not apply to your airplane if it is not circulars) provides information for with section 43.9 of the Federal equipped with pneumatic de-icing boots. putting this information in such a (c) What problem does this AD address? Aviation Regulations (14 CFR 43.9). The information necessary to activate the section. However, section 91.9 of the Therefore, the only cost impact of this pneumatic wing and tail deicing boots at the Federal Aviation Regulations (14 CFR AD is the time it will take you to insert first signs of ice accumulation is critical for 91.9) only mandates the operating the information into the AFM. flight in icing conditions. If we did not take limitations (Limitations Section): ‘‘no action to include this information, flight person may operate a civil aircraft Regulatory Impact crews could experience reduced without complying with the operating The regulations adopted herein will controllability of the aircraft due to adverse limitations specified in the approved not have a substantial direct effect on aerodynamic effects of ice adhering to the Airplane or Rotorcraft Flight Manual.’’ the States, on the relationship between airplane prior to the first deicing cycle. (d) What must I do to address this Based upon the importance of the national government and the States, problem? To address this problem, you must operating the deice boots at the or on the distribution of power and revise the Limitations Section of FAA- appropriate time, we determined that responsibilities among the various approved Airplane Flight Manual (AFM) to the information is mandatory. The only levels of government. Therefore, it is include the following requirements for method FAA has of changing the determined that this final rule does not activation of the ice protection systems. You Limitations Section of an AFM is have federalism implications under must accomplish this action within the next Executive Order 13132. 10 calendar days after July 17, 2000 (the through AD action, provided an unsafe effective date of this AD), unless already condition is demonstrated. For the reasons discussed above, I certify that this action (1) is not a accomplished. You may insert a copy of this Therefore, we do not concur that the AD in the AFM to accomplish this action: ‘‘significant regulatory action’’ under • Except for certain phases of flight where NPRM should be withdrawn. We are not Executive Order 12866; (2) is not a changing the AD as a result of this the AFM specifies that deicing boots should ‘‘significant rule’’ under DOT not be used (e.g., take-off, final approach, and comment. Regulatory Policies and Procedures (44 landing), compliance with the following is The FAA’s Determination FR 11034, February 26, 1979); and (3) required. will not have a significant economic • Wing and Tail Leading Edge Pneumatic What Is FAA’s Final Determination on impact, positive or negative, on a Deicing Boot System, if installed, must be This Issue? substantial number of small entities activated: under the criteria of the Regulatory —At the first sign of ice formation anywhere After careful review of all available on the aircraft, or upon annunciation from Flexibility Act. A copy of the final information related to the subject an ice detector system, whichever occurs evaluation prepared for this action is presented above, we have determined first; and contained in the Rules Docket. A copy that air safety and the public interest —The system must either be continued to be of it may be obtained by contacting the require the adoption of the rule as operated in the automatic cycling mode, if Rules Docket at the location provided available; or the system must be manually proposed except for the following: under the caption ADDRESSES. cycled as needed to minimize the ice —Including the option of incorporating accretions on the airframe. Report No.: 01973–001, page 2–12, List of Subjects in 14 CFR Part 39 • The wing and tail leading edge Revision 9: September 1, 1999, into Air transportation, Aircraft, Aviation pneumatic deicing boot system may be Section 2, Limitations, of the Pilatus deactivated only after: safety, Safety. —Leaving known or observed/detected icing PC12 AFM; and Adoption of the Amendment that the flight crew has visually observed —Minor editorial corrections. on the aircraft or was identified by the on- Accordingly, under the authority board sensors; and How Does Including This Option and delegated to me by the Administrator, —After the airplane is determined to be clear the Minor Editorial Corrections Affect the Federal Aviation Administration of ice. the AD? amends part 39 of the Federal Aviation Note: The FAA recommends periodic Regulations (14 CFR part 39) as follows: treatment of deicing boots with approved ice We have determined that including release agents, such as ICEXTM, in accordance the AFM option and the minor PART 39ÐAIRWORTHINESS with the manufacturer’s application corrections will not change the meaning DIRECTIVES instructions. of the AD and will not add any (e) Have I accomplished the intent of this additional burden upon the public than 1. The authority citation for part 39 AD if I have incorporated the latest Pilatus was already proposed. continues to read as follows: PC12 AFM report into Section 2, Limitations?

VerDate 112000 12:51 Jun 01, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\02JNR1.SGM pfrm03 PsN: 02JNR1 35272 Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations

As an alternative method of compliance to DEPARTMENT OF TRANSPORTATION not a direct route. However, a direct the actions required by paragraphs (a), (a)(1), route between Volunteer and London and (a)(2) of this AD, you may incorporate Federal Aviation Administration does exist via V–97. On the other hand, Report No.: 01973–001, page 2–12, Revision there is currently no published direct 9: September 1, 1999, into Section 2, 14 CFR Part 71 route between Snowbird and London. Limitations, of the Pilatus PC12 AFM. [Airspace Docket No. 97±ASO±18] This amendment enhances the flow of (f) Can the pilot accomplish the action? air traffic by realigning V–517 so as to Anyone who holds at least a private pilot RIN 2120±AA66 provide a direct route between certificate, as authorized by section 43.7 of Snowbird and London. This change Realignment and Establishment of the Federal Aviation Regulations (14 CFR better accommodates northwest- VOR Federal Airways; KY and TN 43.7), may incorporate the AFM revisions southeast-bound traffic in that area. required by this AD. You must make an entry AGENCY: Federal Aviation This rule also establishes two Federal into the aircraft records, showing compliance Administration (FAA), DOT. airways in the Kentucky-Tennessee with this AD, in accordance with section 43.9 ACTION: Final rule. area: V–347 between London, KY, and of the Federal Aviation Regulations (14 CFR Hinch Mountain, TN; and V–384 43.9). SUMMARY: This action realigns Federal between Livingston, TN, and Volunteer, (g) Can I comply with this AD in any other Airway V–517 in the vicinity of TN. These new airways provide direct way? You may use an alternative method of Snowbird, TN, and establishes two routes between the affected navigation compliance or adjust the compliance time if: Federal airways, V–347 between facilities which match known traffic (1) Your alternative method of compliance London, KY, and Hinch Mountain, TN, flows, simplify flight plan filing, and provides an equivalent level of safety; and and V–384 between Livingston, TN, and reduce air traffic control (2) The Manager, Small Airplane Volunteer, TN. This action improves communications requirements, thus Directorate, approves your alternative. navigational routings and enhances Submit your request through an FAA resulting in enhanced service for users. service for users, and provides for more Principal Maintenance Inspector, who may These additional airways also provide efficient handling of air traffic between add comments and then send it to the air traffic controllers with more the Indianapolis and the Atlanta Air Manager. nonradar routes between Indianapolis Route Traffic Control Centers’ (ARTCC) ARTCC and Atlanta ARTCC airspace, Note: This AD applies to each airplane airspace. thereby facilitating the efficient identified in paragraph (a) of this AD, EFFECTIVE DATE: 0901 UTC, August 10, handling of nonradar-routed traffic regardless of whether it has been modified, 2000. between the two ARTCC’s. altered, or repaired in the area subject to the requirements of this AD. For airplanes that FOR FURTHER INFORMATION CONTACT: Domestic VOR Federal airways are have been modified, altered, or repaired so Terry Brown, Airspace and Rules published in paragraph 6010(a) of FAA that the performance of the requirements of Division, ATA–400, Office of Air Traffic Order 7400.9G, dated September 1, this AD is affected, the owner/operator must Airspace Management, Federal Aviation 1999, and effective September 16, 1999, request approval for an alternative method of Administration, 800 Independence which is incorporated by reference in 14 compliance in accordance with paragraph (g) Avenue, SW., Washington, DC 20591; CFR 71.1. The airways listed in this of this AD. The request should include an telephone: (202) 267–8783. document will be published subsequently in the Order. assessment of the effect of the modification, SUPPLEMENTARY INFORMATION: alteration, or repair on the unsafe condition The FAA has determined that this addressed by this AD; and, if you have not History regulation only involves an established eliminated the unsafe condition, specific On March 8, 1998, the FAA proposed body of technical regulations for which actions you propose to address it. to amend 14 CFR part 71 (part 71) to frequent and routine amendments are (h) Where can I get information about any realign Federal Airway V–517 in the necessary to keep them operationally already-approved alternative methods of vicinity of Snowbird, TN, and to current. Therefore this regulation: (1) Is compliance? Contact the Small Airplane establish two Federal Airways, V–347 not a ‘‘significant regulatory action’’ Directorate, 901 Locust, Room 301, Kansas between London, KY, and Hinch under Executive Order 12866; (2) is not City, Missouri 64106; telephone: (816) 329– Mountain, TN, and V–384 between a ‘‘significant rule’’ under DOT 4121; facsimile: (816) 329–4091. Livingston, TN, and Volunteer, TN (64 Regulatory Policies and Procedures (44 (i) What if I need to fly the airplane to FR 10962). FR 11034; February 26, 1979); and (3) another location to comply with this AD? The Interested parties were invited to does not warrant preparation of a FAA can issue a special flight permit under participate in this rulemaking regulatory evaluation as the anticipated sections 21.197 and 21.199 of the Federal proceeding by submitting comments. No impact is so minimal. Since this is a Aviation Regulations (14 CFR 21.197 and comments to the proposal were routine matter that will only affect air 21.199) to operate your airplane to a location received. Except for editorial changes, traffic procedures and air navigation, it where you can accomplish the requirements this rule is the same as that proposed in is certified that this rule, when of this AD. the notice. promulgated, will not have a significant (j) When does this amendment become economic impact on a substantial effective? This amendment becomes effective The Rule number of small entities under the on July 17, 2000. This amendment to part 71 realigns criteria of the Regulatory Flexibility Act. Issued in Kansas City, Missouri, on May V–517 in the vicinity of Snowbird, TN, List of Subjects in 14 CFR Part 71 24, 2000. by changing the origination point of the airway from the Volunteer, TN, Very Airspace, Incorporation by reference, James E. Jackson, High Frequency Omnidirectional Range/ Navigation (air). Acting Manager, Small Airplane Directorate, Tactical Air Navigation (VORTAC) Adoption of the Amendment Aircraft Certification Service. station, to the Snowbird, TN, VORTAC. [FR Doc. 00–13874 Filed 6–1–00; 8:45 am] Currently, V–517 extends from In consideration of the foregoing, the BILLING CODE 4910±13±U Volunteer, through the Miami Federal Aviation Administration Intersection, to London, KY, which is amends 14 CFR part 71 as follows:

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