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[Federal Register Volume 78, Number 49 (Wednesday, March 13, 2013)]
[Rules and Regulations]
[Pages 15876-15877]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05791]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 121

[Docket No. FAA-2009-0675; Amendment No. 121-363]
RIN 2120-AJ43

Activation of Ice Protection

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: The FAA is correcting a final rule published on August 22, 
2011 (76 FR 52241). In that rule, the FAA amended its regulations to 
create new operating rules for flight in icing conditions. This 
document corrects an error in the amendatory language of the final rule 
which inadvertently led to the omission of the new section from the 
Code of Federal Regulations.

DATES: Effective March 13, 2013.

FOR FURTHER INFORMATION CONTACT: For operational questions, contact 
Charles J. Enders, Air Carrier Operations Branch, AFS-220, Flight 
Standards Service, Federal Aviation Administration, 800 Independence 
Ave. SW., Washington, DC 20591; telephone (202) 493-1422; facsimile 
(202) 267-5229; email Charles.J.Enders@faa.gov.
    For aircraft certification questions, contact Robert Jones, 
Propulsion/Mechanical Systems Branch, ANM-112, Federal Aviation 
Administration, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 
(425) 227-1234; facsimile (425) 227-1007; email Robert.C.Jones@faa.gov.
    For legal questions concerning this action, contact Doug Anderson, 
Office of Regional Counsel, Federal Aviation Administration, 1601 Lind 
Avenue SW., Renton, WA 98057-3356; telephone (425) 227-2166; facsimile 
(425) 227-1007; email Douglas.Anderson@faa.gov.

SUPPLEMENTARY INFORMATION: 

Background

    On August 22, 2011, the FAA published a final rule entitled, 
``Activation of Ice Protection,'' (76 FR 52241).
    In that final rule the FAA added operating rules for flight in 
icing conditions. For certain airplanes certificated for flight in 
icing, the new standards require either installation of ice detection 
equipment or changes to the airplane flight manual to ensure timely 
activation of the airframe icing protection system. The FAA 
inadvertently wrote the amendatory language incorrectly to say that we 
were revising Sec.  121.321 when, in fact, we were creating that 
section and adding it to the CFR.

The Technical Amendment

    This technical amendment corrects the amendatory language of the 
final rule to indicate that Sec.  121.321 is being added, not revised.
    Because the change in this technical amendment results in no 
substantive change, we find good cause exists under 5 U.S.C. 553(d)(3) 
to make the amendment effective in less than 30 days.

List of Subjects in 14 CFR Part 121

    Air carriers, Aircraft, Aviation safety, Reporting and 
recordkeeping requirements.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends Chapter I of Title 14, Code of Federal 
Regulations, as follows:

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL 
OPERATIONS

0
1. The authority citation for part 121 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-
44904, 44912, 45101-45105, 46105, 46301.

0
2. Add new Sec.  121.321 to read as follows:

Sec.  121.321  Operations in icing.

    After October 21, 2013, no person may operate an airplane with a 
certificated maximum takeoff weight less than 60,000 pounds in 
conditions conducive to airframe icing unless it complies with this 
section. As used in this section, the phrase ``conditions conducive to 
airframe icing'' means visible moisture at or below a static air 
temperature of 5 [deg]C or a total air temperature of 10 [deg]C, unless 
the approved Airplane Flight Manual provides another definition.
    (a) When operating in conditions conducive to airframe icing, 
compliance must be shown with paragraph (a)(1), or (2), or (3) of this 
section.
    (1) The airplane must be equipped with a certificated primary 
airframe ice detection system.
    (i) The airframe ice protection system must be activated 
automatically, or manually by the flightcrew, when the primary ice 
detection system indicates activation is necessary.
    (ii) When the airframe ice protection system is activated, any 
other procedures in the Airplane Flight Manual for operating in icing 
conditions must be initiated.
    (2) Visual cues of the first sign of ice formation anywhere on the 
airplane and a certificated advisory airframe ice detection system must 
be provided.
    (i) The airframe ice protection system must be activated when any 
of the visual cues are observed or when the advisory airframe ice 
detection system indicates activation is necessary, whichever occurs 
first.
    (ii) When the airframe ice protection system is activated, any 
other procedures in the Airplane Flight Manual for operating in icing 
conditions must be initiated.
    (3) If the airplane is not equipped to comply with the provisions 
of paragraph (a)(1) or (2) of this section, then the following apply:
    (i) When operating in conditions conducive to airframe icing, the 
airframe ice protection system must be activated prior to, and operated 
during, the following phases of flight:

[[Page 15877]]

    (A) Takeoff climb after second segment,
    (B) En route climb,
    (C) Go-around climb,
    (D) Holding,
    (E) Maneuvering for approach and landing, and
    (F) Any other operation at approach or holding airspeeds.
    (ii) During any other phase of flight, the airframe ice protection 
system must be activated and operated at the first sign of ice 
formation anywhere on the airplane, unless the Airplane Flight Manual 
specifies that the airframe ice protection system should not be used or 
provides other operational instructions.
    (iii) Any additional procedures for operation in conditions 
conducive to icing specified in the Airplane Flight Manual or in the 
manual required by Sec.  121.133 must be initiated.
    (b) If the procedures specified in paragraph (a)(3)(i) of this 
section are specifically prohibited in the Airplane Flight Manual, 
compliance must be shown with the requirements of paragraph (a)(1) or 
(2) of this section.
    (c) Procedures necessary for safe operation of the airframe ice 
protection system must be established and documented in:
    (1) The Airplane Flight Manual for airplanes that comply with 
paragraph (a)(1) or (2) of this section, or
    (2) The Airplane Flight Manual or in the manual required by Sec.  
121.133 for airplanes that comply with paragraph (a)(3) of this 
section.
    (d) Procedures for operation of the airframe ice protection system 
must include initial activation, operation after initial activation, 
and deactivation. Procedures for operation after initial activation of 
the ice protection system must address--
    (1) Continuous operation,
    (2) Automatic cycling,
    (3) Manual cycling if the airplane is equipped with an ice 
detection system that alerts the flightcrew each time the ice 
protection system must be cycled, or
    (4) Manual cycling based on a time interval if the airplane type is 
not equipped with features necessary to implement (d)(1)-(3) of this 
section.
    (e) System installations used to comply with paragraph (a)(1) or 
(a)(2) of this section must be approved through an amended or 
supplemental type certificate in accordance with part 21 of this 
chapter.

    Issued in Washington, DC, on March 7, 2013.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2013-05791 Filed 3-12-13; 8:45 am]
BILLING CODE 4910-13-P
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