35270 Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations

reference of Snow Engineering Company

Service Letter #138, Revised August 7, 1996,

as of August 25, 1997.

(2) The Director of the Federal Register

approved the incorporation by reference of

Snow Engineering Company Service Letter

#196, Revised March 7, 2000 under 5 U.S.C.

552(a) and 1 CFR part 51.

(3) You may get copies from Air Tractor

Incorporated, P.O. Box 485, Olney, Texas

76374. You may look at copies at FAA,

Central Region, Office of the Regional

Counsel, 901 Locust, Room 506, Kansas City,

Missouri, or at the Office of the Federal

Register, 800 North Capitol Street, NW, suite

700, Washington, DC.

(i) When does this amendment become

effective? This amendment becomes effective

on June 23, 2000.

Issued in Kansas City, Missouri, on May

22, 2000.

Marvin R. Nuss,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 00–13445 Filed 6–1–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–CE–36–AD; Amendment 39–

11762; AD 2000–11–14]

RIN 2120–AA64

Airworthiness Directives; Pilatus

Aircraft Ltd. Models PC–12 and PC–12/

45 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This document adopts a new

airworthiness directive (AD) that

applies to all Pilatus Aircraft Ltd.

(Pilatus) Models PC–12 and PC–12/45

airplanes that are equipped with

pneumatic deicing boots. This AD

requires you to revise the Airplane

Flight Manual (AFM) to include

requirements for activation of the

airframe pneumatic deicing boots. This

AD is the result of reports of in-flight

incidents and an accident (on airplanes

other than the affected Pilatus airplanes)

that occurred in icing conditions where

the airframe pneumatic deicing boots

were not activated. The Pilatus Models

PC–12 and PC–12/45 airplanes have a

similar type design (as it relates to

airframe pneumatic ice boots) to the

incident and accident airplanes. The

actions specified by this AD are

intended to assure that flightcrews

activate the pneumatic wing and tail

deicing boots at the first signs of ice

accumulation. This action will prevent

reduced controllability of the aircraft

due to adverse aerodynamic effects of

ice adhering to the airplane prior to the

first deicing cycle.

EFFECTIVE DATE: July 17, 2000.

ADDRESSES: You may examine

information related to this AD at the

Federal Aviation Administration (FAA),

Central Region, Office of the Regional

Counsel, Attention: Rules Docket No.

99–CE–36–AD, 901 Locust, Room 506,

Kansas City, Missouri 64106.

FOR FURTHER INFORMATION CONTACT: Mr.

John P. Dow, Sr., Aerospace Engineer,

FAA, Small Airplane Directorate, 901

Locust, Room 506, Kansas City,

Missouri 64106; telephone: (816) 329–

4121; facsimile: (816) 329–4090.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This

AD

What Caused This AD?

This AD is the result of reports of inflight incidents and an accident (on

airplanes other than the affected Pilatus

airplanes) that occurred in icing

conditions where the airframe

pneumatic deicing boots were not

activated. The Pilatus Models PC–12

and PC–12/45 airplanes have a similar

type design (as it relates to airframe

pneumatic ice boots) to the incident and

accident airplanes.

What Is the Potential Impact If FAA

Took No Action?

The information necessary to activate

the pneumatic wing and tail deicing

boots at the first signs of ice

accumulation is critical for flight in

icing conditions. If we did not take

action to include this information, flight

crews could experience reduced

controllability of the aircraft due to

adverse aerodynamic effects of ice

adhering to the airplane prior to the first

deicing cycle.

Has FAA Taken Any Action to This

Point?

We issued a proposal to amend part

39 of the Federal Aviation Regulations

(14 CFR part 39) to include an AD that

would apply to all Pilatus Models PC–

12 and PC–12/45 airplanes that are

equipped with pneumatic deicing boots.

This proposal published in the Federal

Register as a notice of proposed

rulemaking (NPRM) on October 8, 1999

(64 FR 54833). The NPRM proposed to

require revising the Limitations Section

of the AFM to include requirements for

activation of pneumatic deicing boots at

the first indication of ice accumulation

on the airplane.

Was the Public Invited To Comment?

The FAA invited interested persons to

participate in the making of this

amendment. Following is a summary of

the two comments received with FAA’s

response.

Comment Issue No. 1: Allow the Use of

Recent Airplane Flight Manual (AFM)

Additions

What Is the Commenter’s Concern?

Pilatus requests that FAA allow the

operators of the affected airplanes to use

as an alternative method of compliance

the most recent information for Section

2, Limitations, of the Pilatus PC12

Airplane Flight Manual (AFM). This

information is included in Report No.:

01973–001, page 2–12, Revision 9:

September 1, 1999, and includes the

following language:

The wing and tail leading edge pneumatic

deicing boot system must be activated at the

first sign of ice formation anywhere on the

aircraft, or upon annunciation from an ice

detector system (if installed), whichever

occurs first.

The wing and tail leading edge pneumatic

deicing boot system may be deactivated only

after leaving icing conditions and after the

aircraft is determined to be clear of ice.

What Is FAA’s Response to the Concern?

We have determined that inserting

this report into the Section 2,

Limitations, of the Pilatus PC12 AFM

provides an equivalent level of safety to

the actions included in the NPRM.

Therefore, we are changing the AD to

include the option of incorporating into

the AFM the information proposed in

the NPRM or Report No.: 01973–001,

page 2–12, Revision 9: September 1,

1999.

Comment Issue No. 2: Information is

Already Included in the Normal

Procedures Section of the AFM

What Are the Commenter’s Concerns?

The Federal Office for Civil Aviation

(FOCA), which is the airworthiness

authority for Switzerland, believes that

the intent of this AD is already covered

in the Pilatus PC12 AFM. The FOCA’s

concerns are as follows:

1. The appropriate time to activate the

pneumatic deice boots on the affected

Pilatus airplanes is prior to entry into

icing conditions, and until the airfoils

are free of ice after exiting icing

conditions. This information is included

in Section 4.10 (Normal Procedures) of

the PC12 AFM;

2. These instructions are not

necessary in the Limitations Section of

the AFM. The Limitations Section

should only include limitations relating

to speeds, environment (temperatures),

Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations 35271

or system functions (time limits or

configurations). Guidance for this is in

FAA Advisory Circular (AC) 25.1419–1,

dated August 18, 1999. Paragraph

12(b)(2) of this AC identifies the

Procedures Section as the proper place

for information ‘‘. . . when the ice

protection system should be activated.’’

The FOCA requests FAA withdraw

the NPRM.

What Is FAA’s Response to the

Concerns?

We concur that the information is

currently in the Normal Procedures

section of the Pilatus PC12 AFM and

that previous guidance (advisory

circulars) provides information for

putting this information in such a

section. However, section 91.9 of the

Federal Aviation Regulations (14 CFR

91.9) only mandates the operating

limitations (Limitations Section): ‘‘no

person may operate a civil aircraft

without complying with the operating

limitations specified in the approved

Airplane or Rotorcraft Flight Manual.’’

Based upon the importance of

operating the deice boots at the

appropriate time, we determined that

the information is mandatory. The only

method FAA has of changing the

Limitations Section of an AFM is

through AD action, provided an unsafe

condition is demonstrated.

Therefore, we do not concur that the

NPRM should be withdrawn. We are not

changing the AD as a result of this

comment.

The FAA’s Determination

What Is FAA’s Final Determination on

This Issue?

After careful review of all available

information related to the subject

presented above, we have determined

that air safety and the public interest

require the adoption of the rule as

proposed except for the following:

—Including the option of incorporating

Report No.: 01973–001, page 2–12,

Revision 9: September 1, 1999, into

Section 2, Limitations, of the Pilatus

PC12 AFM; and

—Minor editorial corrections.

How Does Including This Option and

the Minor Editorial Corrections Affect

the AD?

We have determined that including

the AFM option and the minor

corrections will not change the meaning

of the AD and will not add any

additional burden upon the public than

was already proposed.

Cost Impact

How Many Airplanes Does This AD

Impact?

We estimate that this AD affects 100

airplanes in the U.S. registry.

What Is the Cost Impact of the Affected

Airplanes on the U.S. Register?

There is no dollar cost impact. We

estimate 1 workhour for you to insert

the AFM revision. You can accomplish

this action if you hold at least a private

pilot certificate as authorized by section

43.7 of the Federal Aviation Regulations

(14 CFR 43.7). You must make an entry

into the aircraft records that shows

compliance with this AD, in accordance

with section 43.9 of the Federal

Aviation Regulations (14 CFR 43.9).

Therefore, the only cost impact of this

AD is the time it will take you to insert

the information into the AFM.

Regulatory Impact

The regulations adopted herein will

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. Therefore, it is

determined that this final rule does not

have federalism implications under

Executive Order 13132.

For the reasons discussed above, I

certify that this action (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under 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. A copy of the final

evaluation prepared for this action is

contained in the Rules Docket. A copy

of it may be obtained by contacting the

Rules Docket at the location provided

under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

Adoption of the Amendment

Accordingly, under the authority

delegated to me by the Administrator,

the Federal Aviation Administration

amends part 39 of the Federal Aviation

Regulations (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.

§ 39.13 [Amended]

2. FAA amends Section 39.13 is

amended by adding a new airworthiness

directive (AD) to read as follows:

2000–11–14 PILATUS AIRCRAFT LTD.:

Amendment 39–11762; Docket No. 99–

CE–36–AD.

(a) What airplanes are affected by this AD?

Models PC–12 and PC–12/45 airplanes, all

serial numbers, that are:

(1) equipped with pneumatic deicing

boots; and

(2) certificated in any category.

(b) Who must comply with this AD?

Anyone who wishes to operate any of the

above airplanes on the U.S. Register. The AD

does not apply to your airplane if it is not

equipped with pneumatic de-icing boots.

(c) What problem does this AD address?

The information necessary to activate the

pneumatic wing and tail deicing boots at the

first signs of ice accumulation is critical for

flight in icing conditions. If we did not take

action to include this information, flight

crews could experience reduced

controllability of the aircraft due to adverse

aerodynamic effects of ice adhering to the

airplane prior to the first deicing cycle.

(d) What must I do to address this

problem? To address this problem, you must

revise the Limitations Section of FAAapproved Airplane Flight Manual (AFM) to

include the following requirements for

activation of the ice protection systems. You

must accomplish this action within the next

10 calendar days after July 17, 2000 (the

effective date of this AD), unless already

accomplished. You may insert a copy of this

AD in the AFM to accomplish this action:

• Except for certain phases of flight where

the AFM specifies that deicing boots should

not be used (e.g., take-off, final approach, and

landing), compliance with the following is

required.

• Wing and Tail Leading Edge Pneumatic

Deicing Boot System, if installed, must be

activated:

—At the first sign of ice formation anywhere

on the aircraft, or upon annunciation from

an ice detector system, whichever occurs

first; and

—The system must either be continued to be

operated in the automatic cycling mode, if

available; or the system must be manually

cycled as needed to minimize the ice

accretions on the airframe.

• The wing and tail leading edge

pneumatic deicing boot system may be

deactivated only after:

—Leaving known or observed/detected icing

that the flight crew has visually observed

on the aircraft or was identified by the onboard sensors; and

—After the airplane is determined to be clear

of ice.

Note: The FAA recommends periodic

treatment of deicing boots with approved ice

release agents, such as ICEXTM, in accordance

with the manufacturer’s application

instructions.

(e) Have I accomplished the intent of this

AD if I have incorporated the latest Pilatus

PC12 AFM report into Section 2, Limitations?

35272 Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations

As an alternative method of compliance to

the actions required by paragraphs (a), (a)(1),

and (a)(2) of this AD, you may incorporate

Report No.: 01973–001, page 2–12, Revision

9: September 1, 1999, into Section 2,

Limitations, of the Pilatus PC12 AFM.

(f) Can the pilot accomplish the action?

Anyone who holds 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. You must make an entry

into the aircraft records, showing compliance

with this AD, in accordance with section 43.9

of the Federal Aviation Regulations (14 CFR

43.9).

(g) Can I comply with this AD in any other

way? You may use an alternative method of

compliance or adjust the compliance time if:

(1) Your alternative method of compliance

provides an equivalent level of safety; and

(2) The Manager, Small Airplane

Directorate, approves your alternative.

Submit your request through an FAA

Principal Maintenance Inspector, who may

add comments and then send it to the

Manager.

Note: This AD applies to each airplane

identified in paragraph (a) of this AD,

regardless of whether it has been modified,

altered, or repaired in the area subject to the

requirements of this AD. For airplanes that

have been modified, altered, or repaired so

that the performance of the requirements of

this AD is affected, the owner/operator must

request approval for an alternative method of

compliance in accordance with paragraph (g)

of this AD. The request should include an

assessment of the effect of the modification,

alteration, or repair on the unsafe condition

addressed by this AD; and, if you have not

eliminated the unsafe condition, specific

actions you propose to address it.

(h) Where can I get information about any

already-approved alternative methods of

compliance? Contact the Small Airplane

Directorate, 901 Locust, Room 301, Kansas

City, Missouri 64106; telephone: (816) 329–

4121; facsimile: (816) 329–4091.

(i) What if I need to fly the airplane to

another location to comply with this AD? The

FAA can issue a special flight permit under

sections 21.197 and 21.199 of the Federal

Aviation Regulations (14 CFR 21.197 and

21.199) to operate your airplane to a location

where you can accomplish the requirements

of this AD.

(j) When does this amendment become

effective? This amendment becomes effective

on July 17, 2000.

Issued in Kansas City, Missouri, on May

24, 2000.

James E. Jackson,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 00–13874 Filed 6–1–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97–ASO–18]

RIN 2120–AA66

Realignment and Establishment of

VOR Federal Airways; KY and TN

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action realigns Federal

Airway V–517 in the vicinity of

Snowbird, TN, and establishes two

Federal airways, V–347 between

London, KY, and Hinch Mountain, TN,

and V–384 between Livingston, TN, and

Volunteer, TN. This action improves

navigational routings and enhances

service for users, and provides for more

efficient handling of air traffic between

the Indianapolis and the Atlanta Air

Route Traffic Control Centers’ (ARTCC)

airspace.

EFFECTIVE DATE: 0901 UTC, August 10,

2000.

FOR FURTHER INFORMATION CONTACT:

Terry Brown, Airspace and Rules

Division, ATA–400, Office of Air Traffic

Airspace Management, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone: (202) 267–8783.

SUPPLEMENTARY INFORMATION:

History

On March 8, 1998, the FAA proposed

to amend 14 CFR part 71 (part 71) to

realign Federal Airway V–517 in the

vicinity of Snowbird, TN, and to

establish two Federal Airways, V–347

between London, KY, and Hinch

Mountain, TN, and V–384 between

Livingston, TN, and Volunteer, TN (64

FR 10962).

Interested parties were invited to

participate in this rulemaking

proceeding by submitting comments. No

comments to the proposal were

received. Except for editorial changes,

this rule is the same as that proposed in

the notice.

The Rule

This amendment to part 71 realigns

V–517 in the vicinity of Snowbird, TN,

by changing the origination point of the

airway from the Volunteer, TN, Very

High Frequency Omnidirectional Range/

Tactical Air Navigation (VORTAC)

station, to the Snowbird, TN, VORTAC.

Currently, V–517 extends from

Volunteer, through the Miami

Intersection, to London, KY, which is

not a direct route. However, a direct

route between Volunteer and London

does exist via V–97. On the other hand,

there is currently no published direct

route between Snowbird and London.

This amendment enhances the flow of

air traffic by realigning V–517 so as to

provide a direct route between

Snowbird and London. This change

better accommodates northwestsoutheast-bound traffic in that area.

This rule also establishes two Federal

airways in the Kentucky-Tennessee

area: V–347 between London, KY, and

Hinch Mountain, TN; and V–384

between Livingston, TN, and Volunteer,

TN. These new airways provide direct

routes between the affected navigation

facilities which match known traffic

flows, simplify flight plan filing, and

reduce air traffic control

communications requirements, thus

resulting in enhanced service for users.

These additional airways also provide

air traffic controllers with more

nonradar routes between Indianapolis

ARTCC and Atlanta ARTCC airspace,

thereby facilitating the efficient

handling of nonradar-routed traffic

between the two ARTCC’s.

Domestic VOR Federal airways are

published in paragraph 6010(a) of FAA

Order 7400.9G, dated September 1,

1999, and effective September 16, 1999,

which is incorporated by reference in 14

CFR 71.1. The airways listed in this

document will be published

subsequently in the Order.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

frequent and routine amendments are

necessary to keep them operationally

current. Therefore this regulation: (1) Is

not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3)

does not warrant preparation of a

regulatory evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that will only affect air

traffic procedures and air navigation, it

is certified that this rule, when

promulgated, will not have a significant

economic impact on a substantial

number of small entities under the

criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 71 as follows: