[Federal Register Volume 69, Number 204 (Friday, October 22, 2004)]
[Proposed Rules]
[Pages 62005-62007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23728]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19078; Directorate Identifier 98-CE-17-AD]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company (Raytheon) 
Beech 200 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to revise AD 98-20-38, which applies to all 
Beech 200 series airplanes. AD 98-20-38 requires you to revise the FAA-
approved Airplane Flight Manual (AFM) to specify procedures that would 
prohibit flight in severe icing conditions (as determined by certain 
visual cues), limit or prohibit the use of various flight control 
devices while in severe icing conditions, and provide the flight crew 
with recognition cues for and procedures for exiting from severe icing 
conditions. Part of the applicability of AD 98-20-38 includes the 
Raytheon Models B200 and B200C airplanes. AD 96-09-13 already requires 
AFM revisions on this subject for these airplane models. Consequently, 
FAA is revising AD 98-20-38 to remove the Models B200 and B200C from 
the applicability and add clarification that AD 96-09-13 affects these 
airplanes. We are issuing this proposed AD to minimize the potential 
hazards associated with operating these airplanes in severe icing 
conditions by providing more clearly defined procedures and 
limitations.

DATES: We must receive any comments on this proposed AD by December 7, 
2004.

ADDRESSES: Use one of the following to submit comments on this proposed 
AD:
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
    <bullet> Fax: 1-202-493-2251.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    You may view the comments to this proposed AD in the AD docket on 
the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Paul Pellicano, Aerospace Engineer 
(Icing Specialist), Atlanta Aircraft Certification Office, FAA, One 
Crown Center, 1895 Phoenix Boulevard, Suite 450, Atlanta, Georgia 
30349; telephone: (770) 703-6064: facsimile: (770) 703-6097.

SUPPLEMENTARY INFORMATION:

Comments Invited

    How do I comment on this proposed AD? We invite you to submit any 
written relevant data, views, or arguments regarding this proposal. 
Send your comments to an address listed under ADDRESSES. Include the 
docket number, ``FAA-2004-19078; Directorate Identifier. 98-CE-17-AD'' 
at the beginning of your comments. We will post all comments we 
receive, without change, to http://dms.dot.gov, including any personal 
information you provide. We will also post a report summarizing each 
substantive verbal contact with FAA personnel concerning this proposed 
rulemaking. Using the search function of our docket Web site, anyone 
can find and read the comments received into any of our dockets,

[[Page 62006]]

including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
This is docket number FAA-2004-19078. You may review the DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477-78) or you may visit http://dms.dot.gov.
    Are there any specific portions of this proposed AD I should pay 
attention to? We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of this 
proposed AD. If you contact us through a nonwritten communication and 
that contact relates to a substantive part of this proposed AD, we will 
summarize the contact and place the summary in the docket. We will 
consider all comments received by the closing date and may amend this 
proposed AD in light of those comments and contacts.

Docket Information

    Where can I go to view the docket information? You may view the AD 
docket that contains the proposal, any comments received, and any final 
disposition in person at the DMS Docket Offices between 9 a.m. and 5 
p.m. (eastern standard time), Monday through Friday, except Federal 
holidays. The Docket Office (telephone 1-800-647-5227) is located on 
the plaza level of the Department of Transportation NASSIF Building at 
the street address stated in ADDRESSES. You may also view the AD docket 
on the Internet at http://dms.dot.gov. The comments will be available 
in the AD docket shortly after the DMS receives them.

Discussion

    Has FAA taken any action to this point? A review of the 
requirements for certification of Raytheon Beech 200 series airplanes 
in icing conditions caused FAA to issue AD 98-20-38, Amendment 39-10806 
(63 FR 51805, September 29, 1998). AD 98-20-38 requires you to revise 
the FAA-approved Airplane Flight Manual (AFM) to specify procedures 
that would prohibit flight in severe icing conditions (as determined by 
certain visual cues), limit or prohibit the use of various flight 
control devices while in severe icing conditions, and provide the 
flight crew with recognition cues for and procedures for exiting from 
severe icing conditions.
    What has happened since AD 98-20-38 to initiate this proposed 
action? Part of the applicability of AD 98-20-38 includes the Raytheon 
Models B200 and B200C airplanes. AD 96-09-13 already requires AFM 
revisions on this subject for these airplane models. The language is 
similar but is not the same and AD 96-09-13 reflects the preferred 
information. Consequently, FAA is revising AD 98-20-38 to remove the 
Models B200 and B200C from the applicability and add clarification that 
AD 96-09-13 affects these airplanes.

FAA's Determination and Requirements of This Proposed AD

    What has FAA decided? We have evaluated all pertinent information 
and identified an unsafe condition that is likely to exist or develop 
on other products of this same type design. Therefore, we are proposing 
AD action.
    What would this proposed AD require? This proposed AD would revise 
AD 98-20-38 to remove the Beech Models B200 and B200C from the 
applicability. The Beech Models B200 and B200C are still affected by 
the actions of AD 96-09-13.
    How does the revision to 14 CFR part 39 affect this proposed AD? On 
July 10, 2002, we published a new version of 14 CFR part 39 (67 FR 
47997, July 22, 2002), which governs FAA's AD system. This regulation 
now includes material that relates to altered products, special flight 
permits, and alternative methods of compliance. This material 
previously was included in each individual AD. Since this material is 
included in 14 CFR part 39, we will not include it in future AD 
actions.

Costs of Compliance

    How many airplanes would this proposed AD impact? We estimate that 
this proposed AD affects 1,600 airplanes in the U.S. registry.
    What would be the cost impact of this proposed AD on owners/
operators of the affected airplanes? The cost estimate of this AD is 
the same per airplane as AD 98-20-38. However, the proposed AD would 
affect fewer airplanes than AD 98-20-38.

Regulatory Findings

    Would this proposed AD impact various entities? We have determined 
that this proposed AD would not have federalism implications under 
Executive Order 13132. This proposed AD would not have a substantial 
direct effect on the States, on the relationship between the national 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    Would this proposed AD involve a significant rule or regulatory 
action? For the reasons discussed above, I certify that this proposed 
AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a summary of the costs to comply with this proposed AD 
and placed it in the AD Docket. You may get a copy of this summary by 
sending a request to us at the address listed under ADDRESSES. Include 
``Docket No. FAA-2004-19078; Directorate Identifier 98-CE-17-AD'' in 
your request.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 14 
CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing Airworthiness Directive 
(AD)
    98-20-38, Amendment 39-10806 (63 FR 51805, September 29, 1998), and 
by adding a new AD to read as follows:

Raytheon Aircraft Company: Docket No. FAA-2004-19078; Directorate 
Identifier 98-CE-17-AD.

When Is the Last Date I Can Submit Comments on This Proposed AD?

    (a) We must receive comments on this proposed airworthiness 
directive (AD) by December 7, 2004.

What Other ADs Are Affected by This Action?

    (b) This AD revises AD 98-20-38, Amendment 39-10806.

What Airplanes Are Affected by This AD?

    (c) This AD affects the following airplane models, all serial 
numbers, that are certificated in any category:

(1) Beech 200 (A100-1 (U-21J))
(2) Beech 200C
(3) Beech 200CT
(4) Beech 200T
(5) Beech A200 (C-12A) or (C-12C)
(6) Beech A200C (UC-12B)
(7) Beech A200CT (C-12D), (FWC-12D), (RC-12D), (C-12F), (RC-12G), 
(RC-12H), (RC-12K), or (RC-12P)
(8) B200CT

[[Page 62007]]

(9) B200T

    Note 1: The actions of AD 96-09-13 are required for the Beech 
Models B200 and B200C airplanes.

What Is the Unsafe Condition Presented in This AD?

    (d) The actions specified in this AD are intended to minimize 
the potential hazards associated with operating these airplanes in 
severe icing conditions by providing more clearly defined procedures 
and limitations.

What Must I Do to Address This Problem?

    (e) Within 30 days after November 4, 1998 (the effective date of 
AD 98-20-38), do the requirements of paragraphs (e)(1) and (e)(2) of 
this AD, unless already accomplished.

    Note 2: Operators should initiate action to notify and ensure 
that flight crewmembers are apprised of this change.

    (1) Revise the FAA-approved Airplane Flight Manual (AFM) by 
incorporating the following into the Limitations Section of the AFM. 
This may be accomplished by inserting a copy of this AD in the AFM.

``WARNING

    Severe icing may result from environmental conditions outside of 
those for which the airplane is certificated. Flight in freezing 
rain, freezing drizzle, or mixed icing conditions (supercooled 
liquid water and ice crystals) may result in ice build-up on 
protected surfaces exceeding the capability of the ice protection 
system, or may result in ice forming aft of the protected surfaces. 
This ice may not be shed using the ice protection systems, and may 
seriously degrade the performance and controllability of the 
airplane.
    <bullet> During flight, severe icing conditions that exceed 
those for which the airplane is certificated shall be determined by 
the following visual cues. If one or more of these visual cues 
exists, immediately request priority handling from Air Traffic 
Control to facilitate a route or an altitude change to exit the 
icing conditions.
    <bullet> Unusually extensive ice accumulation on the airframe 
and windshield in areas not normally observed to collect ice.
    <bullet> Accumulation of ice on the upper surface of the wing, 
aft of the protected area.
    <bullet> Accumulation of ice on the engine nacelles and 
propeller spinners farther aft than normally observed.
    <bullet> Since the autopilot, when installed and operating, may 
mask tactile cues that indicate adverse changes in handling 
characteristics, use of the autopilot is prohibited when any of the 
visual cues specified above exist, or when unusual lateral trim 
requirements or autopilot trim warnings are encountered while the 
airplane is in icing conditions.
    <bullet> All wing icing inspection lights must be operative 
prior to flight into known or forecast icing conditions at night. 
[Note: This supersedes any relief provided by the Master Minimum 
Equipment List (MMEL).]''
    (2) Revise the FAA-approved AFM by incorporating the following 
into the Normal Procedures Section of the AFM. This may be 
accomplished by inserting a copy of this AD in the AFM.

``THE FOLLOWING WEATHER CONDITIONS MAY BE CONDUCIVE TO SEVERE IN-FLIGHT 
ICING:

    <bullet> Visible rain at temperatures below 0 degrees Celsius 
ambient air temperature.
    <bullet> Droplets that splash or splatter on impact at 
temperatures below 0 degrees Celsius ambient air temperature.

PROCEDURES FOR EXITING THE SEVERE ICING ENVIRONMENT:

    These procedures are applicable to all flight phases from 
takeoff to landing. Monitor the ambient air temperature. While 
severe icing may form at temperatures as cold as -18 degrees 
Celsius, increased vigilance is warranted at temperatures around 
freezing with visible moisture present. If the visual cues specified 
in the Limitations Section of the AFM for identifying severe icing 
conditions are observed, accomplish the following:
    <bullet> Immediately request priority handling from Air Traffic 
Control to facilitate a route or an altitude change to exit the 
severe icing conditions in order to avoid extended exposure to 
flight conditions more severe than those for which the airplane has 
been certificated.
    <bullet> Avoid abrupt and excessive maneuvering that may 
exacerbate control difficulties.
    <bullet> Do not engage the autopilot.
    <bullet> If the autopilot is engaged, hold the control wheel 
firmly and disengage the autopilot.
    <bullet> If an unusual roll response or uncommanded roll control 
movement is observed, reduce the angle-of-attack.
    <bullet> Do not extend flaps when holding in icing conditions. 
Operation with flaps extended can result in a reduced wing angle-of-
attack, with the possibility of ice forming on the upper surface 
further aft on the wing than normal, possibly aft of the protected 
area.
    <bullet> If the flaps are extended, do not retract them until 
the airframe is clear of ice.
    <bullet> Report these weather conditions to Air Traffic 
Control.''
    (f) As an alternative method of compliance to the actions 
required by paragraph (e)(2) of this AD, revise the Abnormal 
Procedures Section or Emergency Procedures Section of the AFM 
instead of the Normal Procedures section of the AFM. Insert the 
information presented in paragraph (e)(2) of this AD into the 
applicable AFM section.
    (g) The owner/operator holding at least a private pilot 
certificate as authorized by section 43.7 of the Federal Aviation 
Regulations (14 CFR 43.7) may incorporate the AFM revisions required 
by this AD. Enter this information into the aircraft records showing 
compliance with this AD following section 43.9 of the Federal 
Aviation Regulations (14 CFR 43.9).

May I Request an Alternative Method of Compliance?

    (h) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.19. Unless FAA authorizes otherwise, send your request to 
your principal inspector. The principal inspector may add comments 
and will send your request to the Manager, Standards Office, Small 
Airplane Directorate, FAA. For information on any already approved 
alternative methods of compliance, contact Mr. Paul Pellicano, 
Aerospace Engineer (Icing Specialist), Atlanta Aircraft 
Certification Office, FAA, One Crown Center, 1895 Phoenix Boulevard, 
Suite 450, Atlanta, Georgia 30349; telephone: (770) 703-6064; 
facsimile: (770) 703-6097.

May I Get Copies of the Documents Referenced in This AD?

    (i) You may view the AD docket at the Docket Management 
Facility; US Department of Transportation, 400 Seventh Street, SW., 
Nassif Building, Room PL-401, Washington, DC, or on the Internet at 
http://dms.dot.gov.

    Issued in Kansas City, Missouri, on October 15, 2004.
Dorenda D. Baker,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 04-23728 Filed 10-21-04; 8:45 am]
BILLING CODE 4910-13-P