67278 Federal Register / Vol. 70, No. 213 / Friday, November 4, 2005 / Proposed Rules DEPARTMENT OF TRANSPORTATION Nassif Building, 400 Seventh Street, will stamp the date on the postcard and SW., Washington, DC, between 9 a.m. mail it to you. Federal Aviation Administration and 5 p.m., Monday through Friday, Availability of Rulemaking Documents except Federal holidays. 14 CFR Part 25 FOR FURTHER INFORMATION CONTACT: Don You can get an electronic copy using the Internet by: [Docket No. 2005–22840; Notice No. 05–10] Stimson, FAA, Airplane & Flight Crew Interface Branch, ANM–111, Transport (1) Searching the Department of RIN 2120–AI14 Airplane Directorate, Aircraft Transportation’s electronic Docket Certification Service, 1601 Lind Avenue Management System (DMS) Web page Airplane Performance and Handling (http://dms.dot.gov/search); Qualities in Icing Conditions SW., Renton, WA 98055–4056; telephone: (425) 227–1129; fax: (425) (2) Visiting the Office of Rulemaking’s Web page at http://www.faa.gov/avr/ AGENCY: Federal Aviation 227–1149, e-mail: [email protected]. Administration (FAA), DOT. arm/index.cfm; or SUPPLEMENTARY INFORMATION: (3) Accessing the Government ACTION: Notice of proposed rulemaking Comments Invited Printing Office’s Web page at http:// (NPRM). www.gpoaccess.gov/fr/index.html. The FAA invites interested persons to You can also get a copy by sending a SUMMARY: This action proposes to participate in this rulemaking by introduce new airworthiness standards request to the Federal Aviation submitting written comments, data, or Administration, Office of Rulemaking, to evaluate the performance and views. We also invite comments relating handling characteristics of transport ARM–1, 800 Independence Avenue to the economic, environmental, energy, SW., Washington, DC 20591, or by category airplanes in icing conditions. or federalism impacts that might result This proposed action would improve calling (202) 267–9680. Make sure to from adopting the proposals in this identify the docket number, notice the level of safety for new airplane document. The most helpful comments designs when operating in icing number, or amendment number of this reference a specific portion of the rulemaking. conditions, and would harmonize the proposal, explain the reason for any U.S. and European airworthiness recommended change, and include Authority for This Rulemaking standards for flight in icing conditions. supporting data. We ask that you send The FAA’s authority to issue rules DATES: Send your comments on or us two copies of written comments. regarding aviation safety is found in before February 2, 2006. We will file in the docket all Title 49 of the United States Code. ADDRESSES: You may send comments comments we receive, as well as a Subtitle I, section 106 describes the identified by Docket Number FAA– report summarizing each substantive authority of the FAA Administrator. 2005–22840 using any of the following public contact with FAA personnel Subtitle VII, Aviation Programs, methods: concerning this proposed rulemaking. describes in more detail the scope of the • DOT Docket Web site: Go to http:// The docket is available for public agency’s authority. dms.dot.gov and follow the instructions inspection before and after the comment This rulemaking is promulgated for sending your comments closing date. If you wish to review the under the authority described in subtitle electronically. docket in person, go to the address in VII, part A, subpart III, section 44701, • Government-wide Regulations and the ADDRESSES section of this preamble ‘‘General requirements.’’ Under that Policies Web site: Go to http:// between 9 a.m. and 5 p.m., Monday section, the FAA is charged with www.faa.gov/regulations_policies/ and through Friday, except Federal holidays. promoting safe flight of civil aircraft in follow the instructions for sending your You may also review the docket using air commerce by prescribing minimum comments electronically. the Internet at the Web address in the standards required in the interest of • Mail: Docket Management Facility; ADDRESSES section. safety for the design and performance of U.S. Department of Transportation, 400 Privacy Act: Using the search function aircraft. This regulation is within the Seventh Street, SW., Nassif Building, of our docket Web site, anyone can find scope of that authority because it Room PL–401, Washington, DC 20590– and read the comments received into prescribes new safety standards for the 001. any of our dockets, including the name design of transport category airplanes. • Fax: 1–202–493–2251. of the individual sending the comment • Hand Delivery: Room PL–401 on (or signing the comment of behalf of an Organization of This NPRM the plaza level of the Nassif Building, association, business, labor union, etc.). Discussion of this proposal is 400 Seventh Street, SW., Washington, You may review DOT’s complete organized under the headings listed DC, between 9 a.m. and 5 p.m., Monday Privacy Act statement in the Federal below. Whenever there is a reference to through Friday, except Federal holidays. Register published on April 11, 2000 a document being included in the For more information on the (65 FR 19477–78) or you may visit docket for this NPRM, the docket rulemaking process, see the http://dms.dot.gov. referred to is Docket Number FAA– SUPPLEMENTARY INFORMATION section of Before acting on this proposal, we 2005–22840. A list of acronyms used is this document. will consider all comments we receive included in an appendix located at the Privacy: We will post all comments on or before the closing date for end of the preamble material, between we receive, without change, to http:// comments. We will consider comments the regulatory evaluation and the text of dms.dot.gov, including any personal filed late if it is possible to do so the proposed amendments. Unless information you provide. For more without incurring expense or delay. We stated otherwise, rule sections information, see the Privacy Act may change this proposal in light of the referenced in this NPRM are part of discussion in the SUPPLEMENTARY comments we receive. Title 14, Code of Federal Regulations INFORMATION section of this document. If you want the FAA to acknowledge (14 CFR). Docket: To read background receipt of your comments on this documents or comments received, go to proposal, include with your comments I. Executive Summary http://dms.dot.gov at any time or to a pre-addressed, stamped postcard on If adopted, this rulemaking would Room PL–401 on the plaza level of the which the docket number appears. We revise certain sections of part 25 of Title VerDate Aug<31>2005 19:06 Nov 03, 2005 Jkt 208001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\04NOP3.SGM 04NOP3 Federal Register / Vol. 70, No. 213 / Friday, November 4, 2005 / Proposed Rules 67279 14 Code of Federal Regulations (14 icing conditions and the operation of A. Past Regulatory Approach CFR). Part 25 contains the airworthiness the ice protection system. Currently, § 25.1419, ‘‘Ice protection,’’ standards for type certification of Service history shows that flight in requires transport category airplanes transport category airplanes, but it does icing conditions may be a safety risk for with approved ice protection features be not currently include specific transport category airplanes. There have capable of operating safely within the requirements for airplane performance been nine accidents since 1983 that may icing conditions identified in appendix or handling qualities for flight in icing have been prevented if this proposed C of part 25. This section also requires 1 conditions. Although part 25 requires rule had been in effect. The service flight testing and analyses to be airplanes with approved ice protection history that we examined includes performed to make this determination. features to be able to operate safely in airplanes certificated to part 25, to its Although an airplane’s performance icing conditions, there is no standard set predecessor, the Civil Air Regulations capability and handling qualities are of criteria defining what ‘‘to safely (CAR) 4b, or to part 25 icing standards important in determining whether an operate’’ in icing conditions means in when the airplane was certified under airplane can operate safely, part 25 does terms of airplane performance and part 23. In evaluating the potential for not have specific airplane performance handling qualities. Further, because the this rulemaking to avoid future or handling qualities requirements for existing icing regulations only address accidents, we only considered past flight in icing conditions, nor does the airplanes with ice protection provisions, accidents involving tailplane stall or FAA have a standard set of criteria it is unclear what requirements apply in potential airframe ice accretion effects defining what ‘‘to safely operate’’ in cases where the applicant is seeking to on drag or controllability. Accidents icing conditions means in terms of have an airplane without an ice related to ground deicing were not airplane performance and handling protection system certificated for flight considered. qualities. The proposed revisions to part in icing conditions. The NTSB has issued several safety 25 would provide a comprehensive set This notice proposes to amend part 25 recommendations related to airframe of harmonized requirements for airplane by adding a comprehensive set of icing, some of which are addressed, at performance and handling qualities to airworthiness requirements that must