Federal Register / Vol. 61, No. 17 / Thursday, January 25, 1996 / Proposed Rules 2189 protected surfaces of the wing, or when PROCEDURES FOR EXITING THE Issued in Kansas City, Missouri, on January unusual lateral trim requirements or FREEZING RAIN/FREEZING DRIZZLE 19, 1996. autopilot trim warnings are encountered. ENVIRONMENT: Michael Gallagher, Note: The autopilot may mask tactile cues These procedures are applicable to all Manager, Small Airplane Directorate, Aircraft that indicate adverse changes in handling flight phases from takeoff to landing. Monitor Certification Service. characteristics. Therefore, the pilot should the outside air temperature. While severe [FR Doc. 96–1223 Filed 1–24–96; 8:45 am] consider not using the autopilot when any icing may form at temperatures as cold as -18 BILLING CODE 4910±13±U ice is visible on the airplane. degrees Celsius, increased vigilance is • All icing detection lights must be warranted at temperatures around freezing operative prior to flight into icing conditions with visible moisture present. If the visual 14 CFR Part 39 at night. This supersedes any relief provided cues specified in the AFM for identifying by the Master Minimum Equipment List possible freezing rain or freezing drizzle [Docket No. 96±CE±06±AD] (MMEL).’’ conditions are observed, accomplish the (2) Revise the FAA-approved AFM by following: Airworthiness Directives; Fairchild incorporating the following into the Normal • Exit the freezing rain or freezing drizzle Aircraft SA226 and SA227 Series Procedures Section of the AFM. This may be severe icing conditions immediately to avoid accomplished by inserting a copy of this AD Airplanes extended exposure to flight conditions in the AFM. outside of those for which the airplane has AGENCY: Federal Aviation ‘‘WARNING been certificated for operation. Asking for Administration, DOT. If ice is observed forming aft of the priority to leave the area is fully justified ACTION: Notice of proposed rulemaking protected surfaces of the wing, or if unusual under these conditions. (NPRM). lateral trim requirements or autopilot trim • Avoid abrupt and excessive warnings are encountered: maneuvering that may exacerbate control SUMMARY: This document proposes to • If the flaps are extended, do not retract difficulties. adopt a new airworthiness directive them until the airframe is clear of ice. • Do not engage the autopilot. The (AD) that would apply to all Fairchild • The flight crew should reduce the angle- autopilot may mask unusual control system Aircraft SA226 and SA227 series ofattack by increasing speed as much as the forces. airplane configuration and weather allow, • airplanes. This proposal would require If the autopilot is engaged, hold the revising the Airplane Flight Manual without exceeding design maneuvering control wheel firmly and disengage the speed. (AFM) to specify procedures that would autopilot. • If the autopilot is engaged, hold the • If an unusual roll response or prohibit flight in freezing rain or control wheel firmly and disengage the uncommanded control movement is freezing drizzle conditions (as autopilot. Do not re-engage the autopilot determined by certain visual cues), limit until the airframe is clear of ice. observed, reduce the angle-ofattack by • increasing airspeed or rolling wings level (if or prohibit the use of various flight Exit the icing area immediately by control devices, and provide the flight changing altitude or course. in a turn), and apply additional power, if • Report these weather conditions to Air needed. crew with recognition cues for, and • Traffic Control. Avoid extending flaps during extended procedures for exiting from, severe icing operation in icing conditions. Operation with conditions. This proposal is prompted CAUTION flaps extended can result in a reduced wing by results of a review of the Severe icing comprises environmental angle-ofattack, with ice forming on the upper requirements for certification of the conditions outside of those for which the surface further aft on the wing than normal, airplane in icing conditions, new airplane is certificated. Flight in freezing possibly aft of the protected area. rain, freezing drizzle, or mixed icing • information on the icing environment, Report these weather conditions to Air and icing data provided currently to the conditions (supercooled liquid water and ice Traffic Control.’’ crystals) may result in extreme ice build-up (b) Incorporating the AFM revisions, as flight crews. The actions specified by on protected surfaces exceeding the required by this AD, may be performed by the proposed AD are intended to capability of the ice protection system, or the owner/operator holding at least a private minimize the potential hazards may result in ice forming aft of the protected pilot certificate as authorized by section 43.7 associated with operating the airplane surfaces. This ice may not be shed using the of the Federal Aviation Regulations (14 CFR in freezing rain or freezing drizzle ice protection systems, and may seriously 43.7), and must be entered into the aircraft conditions by providing more clearly degrade the performance and controllability records showing compliance with this AD in defined procedures and limitations of the airplane. accordance with section 43.11 of the Federal associated with such conditions. THE FOLLOWING SHALL BE USED TO Aviation Regulations (14 CFR 43.11). DATES: Comments must be received on IDENTIFY FREEZING RAIN/FREEZING (c) An alternative method of compliance or DRIZZLE ICING CONDITIONS: adjustment of the compliance time that or before March 7, 1996. • Unusually extensive ice accreted on the provides an equivalent level of safety may be ADDRESSES: Submit comments in airframe in areas not normally observed to approved by the Manager, Brussels Aircraft triplicate to the Federal Aviation collect ice. Certification Office (ACO), Europe, Africa, Administration (FAA), Central Region, • Accumulation of ice on the upper Middle East office, FAA, c/o American Office of the Assistant Chief Counsel, surface (for low-wing airplanes) or lower Embassy, B–1000 Brussels, Belgium. The Attention: Rules Docket No. 96–CE–06– surface (for highwing airplanes) of the wing request should be forwarded through an AD, Room 1558, 601 E. 12th Street, aft of the protected area. appropriate FAA Maintenance Inspector, • Kansas City, Missouri 64106. Comments Accumulation of ice on the propeller who may add comments and then send it to may be inspected at this location spinner farther back than normally observed. the Manager, Brussels ACO. between 8 a.m. and 4 p.m., Monday THE FOLLOWING MAY BE USED TO Note 3: Information concerning the through Friday, holidays excepted. IDENTIFY POSSIBLE FREEZING RAIN/ existence of approved alternative methods of Information that relates to the FREEZING DRIZZLE CONDITIONS: compliance with this AD, if any, may be proposed AD may be examined at the • obtained from the Brussels ACO. Visible rain at temperatures below +5 Rules Docket at the address above. degrees Celsius [outside air temperature (d) All persons affected by this directive (OAT)]. may examine information related to this AD FOR FURTHER INFORMATION CONTACT: Mr. • Droplets that splash or splatter on impact at the FAA, Central Region, Office of the Ronald L. Filler, Flight Test Pilot, FAA, at temperatures below +5 degrees Celsius Assistant Chief Counsel, Room 1558, 601 E. Airplane Certification Office, 2601 OAT. 12th Street, Kansas City, Missouri 64106. Meacham Boulevard, Fort Worth, Texas 2190 Federal Register / Vol. 61, No. 17 / Thursday, January 25, 1996 / Proposed Rules

76193–0150; telephone (817) 222–5132; engaged, may have masked the unusual landings, they are more likely to facsimile (817) 222–5960. control forces generated by the ice encounter icing conditions that are accumulation. On the accident aircraft, outside the icing envelope. SUPPLEMENTARY INFORMATION: these conditions, if not corrected, could Additionally, the flight crew of an Comments Invited result in a roll upset from which the airplane having an unpowered roll Interested persons are invited to flight crew may be unable to recover. control system must rely solely on participate in the making of the The atmospheric conditions (freezing physical strength to counteract roll proposed rule by submitting such drizzle) that may have contributed to control anomalies, whereas a roll written data, views, or arguments as the accident are outside the icing control anomaly that occurs on an they may desire. Communications envelope specified in Appendix C of airplane having a powered roll control should identify the Rules Docket part 25 of the Federal Aviation system need not be offset directly by the number and be submitted in triplicate to Regulations (14 CFR part 25) for flight crew. certification of any airplane. Section the address specified above. All Subsequent to the accident, the FAA, communications received on or before 23.1419 of the Federal Aviation Regulations (14 CFR 23.1419) cross- in conjunction with certain foreign the closing date for comments, specified airworthiness authorities and airplane above, will be considered before taking references Appendix C of part 25 of the Federal Aviation Regulations (14 CFR manufacturers, conducted reviews of action on the proposed rule. The certain transport and small category proposals contained in this notice may part 25). Freezing rain is an atmospheric condition that also is outside the icing airplanes to determine if any airplanes be changed in light of the comments might experience control difficulty received. envelope. Such icing conditions are not should a ridge of ice form aft of the Comments are specifically invited on defined in Appendix C of part 25 of the the overall regulatory, economic, Federal Aviation Regulations (14 CFR deicing boots and forward of the environmental, and energy aspects of part 25) for certification of any airplane, ailerons. The review focused on the proposed rule. All comments and the FAA has not required that turbopropeller-powered airplanes submitted will be available, both before airplanes be shown to be capable of having unpowered roll control systems, and after the closing date for comments, operating safely in those icing since those airplanes are similar in in the Rules Docket for examination by conditions. design to the accident airplane and interested persons. A report that The FAA finds that flight crews are because they are frequently exposed to summarizes each FAA-public contact not currently provided with adequate icing conditions. concerned with the substance of this information necessary to determine During the reviews of these airplanes, proposal will be filed in the Rules when the airplane is operating in icing an artificial ice shape was used in the Docket. conditions for which the airplane is not demonstration of roll control Commenters wishing the FAA to certificated or what action to take when characteristics. This ice shape was acknowledge receipt of their comments such conditions are encountered. chosen as representative of a shape that submitted in response to this notice Therefore, the FAA has determined that might form if an airplane were operated must submit a self-addressed, stamped flight crews must be provided with such in freezing drizzle. Results of these postcard on which the following information and must be made aware of reviews revealed that certain airplanes statement is made: ‘‘Comments to certain visual cues that may indicate the demonstrated acceptable roll control Docket No. 96–CE–06–AD.’’ The airplane is operating in atmospheric forces. However, the dynamics of ice postcard will be date stamped and conditions that are outside the icing accretion in freezing drizzle are not well envelope. returned to the commenter. understood, and the FAA recognizes Since such information is not that such airplanes could develop ice Availability of NPRMs available to flight crews, and no shapes other than those tested during Any person may obtain a copy of this airplane is certificated for operation in freezing drizzle conditions, the FAA the review. Upon further review, the NPRM by submitting a request to the FAA may consider additional FAA, Central Region, Office of the finds that the potentially unsafe rulemaking. Assistant Chief Counsel, Attention: condition (described previously as Rules Docket No. 96–CE–06–AD, Room control difficulties following operation Following examination of all relevant 1558, 601 E. 12th Street, Kansas City, of the airplane in icing conditions information, the FAA has determined Missouri 64106. outside of the icing envelope) is not that certain limitations and procedures limited to airplanes having the same should be included in the FAA- Discussion type design as that of the accident approved Airplane Flight Manual In October 1994, a transport category airplane. (AFM) for the affected airplanes, as airplane was involved in an accident in The FAA recognizes that the flight follows: which severe icing conditions (believed crew of any airplane that is certificated • Fairchild Aircraft SA226 and to be composed of freezing drizzle size for flight in icing conditions may not SA227 series airplanes must be droplets) were reported in the area. have adequate information concerning prohibited from flight in freezing rain or Although the National Transportation flight in icing conditions outside the freezing drizzle conditions (as Safety Board (NTSB) has not yet made icing envelope. However, the FAA finds determined by certain visual cues); and a finding of probable cause of the that the specified unsafe condition must • accident, loss of control of the airplane be addressed as a higher priority on flight crews must be provided with may have occurred because ice airplanes that are turbopropeller- information that would minimize the accretion on the upper surface of the powered and have unpowered control potential hazards associated with wing aft of the area protected by the ice systems. Many of these airplanes carry operating the airplane in freezing rain or protection system caused airflow passengers in regularly scheduled freezing drizzle conditions. separation, which resulted in the revenue service in the United States. The FAA has determined that such ailerons being forced to a right-wing- Since turbopropeller-powered airplanes limitations and procedures currently are down control position. There also is are more likely to operate at low not defined adequately in the AFM for concern that the autopilot, which was altitudes and to make more frequent these airplanes. Federal Register / Vol. 61, No. 17 / Thursday, January 25, 1996 / Proposed Rules 2191

Explanation of the Provisions of the power and responsibilities among the been eliminated, the request should include Proposed AD various levels of government. Therefore, specific proposed actions to address it. Compliance: Required as indicataed, Since an unsafe condition has been in accordance with Executive Order 12612, it is determined that this unless already accomplished. identified that is likely to exist on To minimize the potential hazards airplanes of the same type design, the proposal would not have sufficient federalism implications to warrant the associated with operating the airplane in proposed AD would require revising the freezing rain or freezing drizzle icing Limitations Section of the AFM to preparation of a Federalism Assessment. For the reasons discussed above, I conditions by providing more clearly defined specify procedures that would: procedures and limitations associated with certify that this action (1) is not a • prohibit flight in freezing rain or such conditions, accomplish the following: ‘‘significant regulatory action’’ under freezing drizzle conditions (as (a) Within 30 days after the effective date Executive Order 12866; (2) is not a determined by certain visual cues); of this AD, accomplish the requirements of ‘‘significant rule’’ under DOT • prohibit use of the autopilot when paragraphs (a)(1) and (a)(2) of this AD. Regulatory Policies and Procedures (44 ice is formed aft of the protected Note 2: Operators must initiate action to FR 11034, February 26, 1979); and (3) if surfaces of the wing, or when an notify and ensure that flight crewmembers promulgated, will not have a significant are apprised of this change. unusual lateral trim condition exists; economic impact, positive or negative, and (1) Revise the FAA-approved Airplane on a substantial number of small entities Flight Manual (AFM) by incorporating the • require that all icing detection under the criteria of the Regulatory following into the Limitations Section of the lights be operative prior to flight into Flexibility Act. A copy of the draft AFM. This may be accomplished by inserting icing conditions at night. regulatory evaluation prepared for this a copy of this AD in the AFM. The prohibition on flight in freezing • action has been placed in the Rules Flight in meteorological conditions rain or freezing drizzle is not intended described as freezing rain or freezing drizzle, Docket. A copy of it may be obtained by to prohibit purely inadvertent as determined by the following visual cues, contacting the Rules Docket at the encounters with the specified is prohibited: location provided under the caption atmospheric conditions. However, pilots —Unusually extensive ice accreted on the ADDRESSES. should make all reasonable efforts to airframe in areas not normally observed to avoid such encounters and must List of Subjects in 14 CFR Part 39 collect ice. immediately exit the conditions if they —Accumulation of ice on the upper surface Air transportation, Aircraft, Aviation (for low-wing airplanes) or lower surface are encountered. safety, Safety. (for high-wing airplanes) of the wing aft of This proposed AD also would require the protected area. revising the Normal Procedures Section The Proposed Amendment —Accumulation of ice on the propeller of the AFM to specify procedures that Accordingly, pursuant to the spinner farther back than normally would: authority delegated to me by the observed. • limit the use of the flaps and Administrator, the Federal Aviation If the airplane encounters conditions that prohibit the use of the autopilot when Administration proposes to amend part are determined to contain freezing rain or ice is observed forming aft of the 39 of the Federal Aviation Regulations freezing drizzle, the pilot must immediately protected surfaces of the wing, or if (14 CFR part 39) as follows: exit the freezing rain or freezing drizzle unusual lateral trim requirements or conditions by changing altitude or course. autopilot trim warnings are PART 39ÐAIRWORTHINESS Note: The prohibition on flight in freezing encountered; and DIRECTIVES rain or freezing drizzle is not intended to • provide the flight crew with prohibit purely inadvertent encounters with 1. The authority citation for part 39 the specified meteorological conditions. recognition cues for, and procedures for continues to read as follows: However, pilots should make all reasonable exiting from, severe icing conditions. Authority: 49 U.S.C. 106(g), 40113, 44701. efforts to avoid such encounters and must Cost Impact immediately exit the conditions if they are § 39.13 [Amended] encountered. The FAA estimates that 779 airplanes 2. Section 39.13 is amended by • Use of the autopilot is prohibited when in the U.S. registry would be affected by adding a new airworthiness directive any ice is observed forming aft of the the proposed AD, that it would take (AD) to read as follows: protected surfaces of the wing, or when approximately 1 workhour per airplane unusual lateral trim requirements or to accomplish the proposed action, and Fairchild Aircraft: Docket No. 96–CE–06– autopilot trim warnings are encountered. that the average labor rate is AD. Note: The autopilot may mask tactile cues approximately $60 an hour. Since an Applicability: Models SA226–T, SA226– that indicate adverse changes in handling owner/operator who holds at least a T(B), SA226–AT, SA226–TC, SA227–TT, characteristics. Therefore, the pilot should private pilot’s certificate as authorized SA227–AT, SA227–AC, SA227–BC, SA227– consider not using the autopilot when any CC, and SA227–DC airplanes (all serial by sections 43.7 and 43.11 of the ice is visible on the airplane. numbers), certificated in any category. • Federal Aviation Regulations (14 CFR All icing detection lights must be Note 1: This AD applies to each airplane 43.7 and 43.11) can accomplish the operative prior to flight into icing conditions identified in the preceding applicability at night. This supersedes any relief provided proposed action, the only cost impact provision, regardless of whether it has been by the Master Minimum Equipment List upon the public is the time it would modified, altered, or repaired in the area (MMEL).’’ take the affected airplane owner/ subject to the requirements of this AD. For (2) Revise the FAA-approved AFM by operators to incorporate the proposed airplanes that have been modified, altered, or incorporating the following into the Normal AFM revisions. repaired so that the performance of the Procedures Section of the AFM. This may be requirements of this AD is affected, the accomplished by inserting a copy of this AD Regulatory Impact owner/operator must request approval for an in the AFM. The regulations proposed herein alternative method of compliance in accordance with paragraph (c) of this AD. ‘‘WARNING would not have substantial direct effects The request should include an assessment of ‘‘If ice is observed forming aft of the on the States, on the relationship the effect of the modification, alteration, or protected surfaces of the wing, or if unusual between the national government and repair on the unsafe condition addressed by lateral trim requirements or autopilot trim the States, or on the distribution of this AD; and, if the unsafe condition has not warnings are encountered: 2192 Federal Register / Vol. 61, No. 17 / Thursday, January 25, 1996 / Proposed Rules

• If the flaps are extended, do not retract • Do not engage the autopilot. The SUMMARY: The Food and Drug them until the airframe is clear of ice. autopilot may mask unusual control system Administration (FDA) is proposing to • The flight crew should reduce the angle- forces. • revoke certain regulations that are of-attack by increasing speed as much as the If the autopilot is engaged, hold the obsolete or no longer necessary to airplane configuration and weather allow, control wheel firmly and disengage the without exceeding design maneuvering autopilot. achieve public health goals. These speed. • If an unusual roll response or regulations have been identified for • If the autopilot is engaged, hold the uncommanded control movement is revocation as the result of a page-by- control wheel firmly and disengage the observed, reduce the angle-of-attack by page review of the agency’s regulations. autopilot. Do not re-engage the autopilot increasing airspeed or rolling wings level (if This regulatory review is in response to until the airframe is clear of ice. in a turn), and apply additional power, if • the Administration’s ‘‘Reinventing Exit the icing area immediately by needed. Government’’ initiative which seeks to changing altitude or course. • Avoid extending flaps during extended streamline government to ease the • Report these weather conditions to Air operation in icing conditions. Operation with Traffic Control. flaps extended can result in a reduced wing burden on regulated industry and CAUTION angle-of-attack, with ice forming on the consumers. upper surface further aft on the wing than Severe icing comprises environmental DATES: Written comments by April 24, normal, possibly aft of the protected area. conditions outside of those for which the 1996. • Report these weather conditions to Air airplane is certificated. Flight in freezing Traffic Control.’’ ADDRESSES: Submit written comments rain, freezing drizzle, or mixed icing (b) Incorporating the AFM revisions, as to the Dockets Management Branch conditions (supercooled liquid water and ice required by this AD, may be performed by (HFA–305), Food and Drug crystals) may result in extreme ice build-up the owner/operator holding at least a private on protected surfaces exceeding the Administration, 12420 Parklawn Dr., pilot certificate as authorized by section 43.7 capability of the ice protection system, or rm. 1–23, Rockville, MD 20857. of the Federal Aviation Regulations (14 CFR may result in ice forming aft of the protected 43.7), and must be entered into the aircraft FOR FURTHER INFORMATION CONTACT: surfaces. This ice may not be shed using the records showing compliance with this AD in Regarding the regulations mentioned ice protection systems, and may seriously accordance with section 43.11 of the Federal in this document: Philip L. Chao, degrade the performance and controllability Aviation Regulations (14 CFR 43.11). Policy Development and of the airplane. (c) An alternative method of compliance or Coordination Staff (HF–23), Food THE FOLLOWING SHALL BE USED TO adjustment of the compliance times that and Drug Administration, 5600 IDENTIFY FREEZING RAIN/FREEZING provides an equivalent level of safety may be DRIZZLE ICING CONDITIONS: Fishers Lane, Rockville, MD 20857, approved by the Manager, Fort Worth 301–827–3380. • Airplane Certification Office (ACO), FAA, Unusually extensive ice accreted on the Regarding general information on airframe in areas not normally observed to 2601 Meacham Boulevard, Fort Worth, Texas collect ice. 76137–0150. The request shall be forwarded FDA’s ‘‘reinventing initiative’’: Lisa • Accumulation of ice on the upper through an appropriate FAA Maintenance M. Helmanis, Regulations Policy surface (for low-wing airplanes) or lower Inspector, who may add comments and then Management Staff (HF–26), Food surface (for highwing airplanes) of the wing send it to the Manager, Fort Worth ACO. and Drug Administration, 5600 aft of the protected area. Note 3: Information concerning the Fishers Lane, Rockville, MD 20857, • Accumulation of ice on the propeller existence of approved alternative methods of 301–443–3480. spinner farther back than normally observed. compliance with this AD, if any, may be SUPPLEMENTARY INFORMATION: On March obtained from the Fort Worth ACO. THE FOLLOWING MAY BE USED TO 4, 1995, President Clinton announced IDENTIFY POSSIBLE FREEZING RAIN/ (d) All persons affected by this directive plans for reforming the Federal FREEZING DRIZZLE CONDITIONS: may examine information related to this AD • at the FAA, Central Region, Office of the regulatory system as part of his Visible rain at temperatures below +5 ‘‘Reinventing Government’’ initiative. In degrees Celsius [outside air temperature Assistant Chief Counsel, Room 1558, 601 E. (OAT)]. 12th Street, Kansas City, Missouri 64106. his March 4 directive, the President • Droplets that splash or splatter on impact Issued in Kansas City, Missouri, on January ordered all Federal agencies to conduct at temperatures below +5 degrees Celsius 19, 1996. a page-by-page review of their OAT. Michael Gallagher, regulations and to ‘‘eliminate or revise PROCEDURES FOR EXITING THE Manager, Small Airplane Directorate, Aircraft those that are outdated or otherwise in FREEZING RAIN/FREEZING DRIZZLE Certification Service. need of reform.’’ This proposal, which ENVIRONMENT: [FR Doc. 96–1217 Filed 1–24–96; 8:45 am] would revoke certain obsolete and unnecessary regulations, represents These procedures are applicable to all BILLING CODE 4910±13±U flight phases from takeoff to landing. Monitor FDA’s continuing effort to implement the outside air temperature. While severe the President’s plan. In previous issues icing may form at temperatures as cold as of the Federal Register, FDA proposed DEPARTMENT OF HEALTH AND ¥18 degrees Celsius, increased vigilance is revoking or revising other regulations, HUMAN SERVICES warranted at temperatures around freezing and the agency expects to issue future with visible moisture present. If the visual reinvention proposals in upcoming cues specified in the AFM for identifying Food and Drug Administration possible freezing rain or freezing drizzle issues. conditions are observed, accomplish the 21 CFR Parts 1, 2, 10, and 50 The following is a section-by-section following: analysis of the regulations that FDA is [Docket No. 95N±0340] • Exit the freezing rain or freezing drizzle proposing to revoke. These regulations severe icing conditions immediately to avoid RIN 0910±AA54 are listed numerically as they appear in extended exposure to flight conditions Code of Federal Regulations (CFR). outside of those for which the airplane has Revocation of Certain Regulations; been certificated for operation. Asking for General I. Section-by-Section Analysis priority to leave the area is fully justified under these conditions. AGENCY: Food and Drug Administration, (1) Section 1.31 Package size saving • Avoid abrupt and excessive HHS. (21 CFR 1.31), addressing economy size packaging is obsolete. The agency is not maneuvering that may exacerbate control ACTION: Proposed rule. difficulties. aware of its use.